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Minutes

                                      

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 1 October 2019

AT 6.30pm

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

 

 

COUNCILLORS

 

LAWRIE COX                                   MAYOR, SOUTH WEST WARD

STEVAN KOZMEVSKI                    SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD

TOM JOSEPH                                  DEPUTY MAYOR, NORTH WARD

RICKY KIRKHAM                            NORTH WARD

EMILIA LISA STERJOVA               NORTH WARD

SAM ALESSI                                    SOUTH EAST WARD

ALAHNA DESIATO                         SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

 

 

SENIOR OFFICERS

 

 

SIMON OVERLAND                          CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

BEN HARRIES                                   ACTING DIRECTOR CITY TRANSPORT & PRESENTATION

HELEN SUI                                         DIRECTOR CORPORATE SERVICES

LIANA THOMPSON                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3         Present.. 9

2.            Apologies.. 10

3.            Declarations of Interest. 10

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 11

5.1         Questions To Councillors.. 11

5.1.1       Item 6.1.1 Dalton Road, Thomastown - Multi Dwelling Development Comprising the Construction of 73 Dwellings and Removal of Native Vegetation - Application No 717726  11

5.1.2       Item 6.2.2 Casa D'Abruzzo Partnership Opportunity.. 11

5.1.3       Item 6.2.2 Casa D'Abruzzo Partnership Opportunity.. 12

5.1.4       Item 6.2.2 Casa D'Abruzzo Partnership Opportunity.. 12

5.2     Petitions.. 13

5.2.1       INSTALLATION OF SHADE STRUCTURE AT SENIORS EXERCISE PARK LOCATED OFF BARRY ROAD, LALOR.. 13

5.3      Joint Letters.. 13

5.3.1       PROPOSED CO-INVESTMENT BETWEEN CASA D'ABRUZZO AND WHITTLESEA COUNCIL. 13

6.            Officers’ Reports.. 15

6.1         Partnerships, Planning & Engagement. 17

6.1.1       40 Dalton Road, Thomastown - Multi dwelling development comprising the construction of 73 dwellings and removal of native vegetation - Application No. 717726. 17

6.1.2       Amended Community Building Policy and Strategy.. 47

6.1.3       Response to Notice of Motion No 876 - Supporting local businesses to reduce single use plastic program.. 73

6.1.4       Street Activities Policy.. 81

6.1.5       Planning Scheme Amendment C230 - 25 Vearings Road, Epping, Request for Panel. 95

6.1.6       ASSEMBLIES OF COUNCIL - 1 OCTOBER 2019. 109

6.1.7       Epping Community Services Hub Annual Report. 115

6.1.8       258 Mahoneys Road Thomastown - Amendment to Planning Permit 714406 to allow for the construction of a permanent crane with a height of 40 metres.. 132

6.1.9       Annual Report 2018-2019. 167

6.1.10    Whittlesea Community Connections Annual Report 2018-19  171

6.2         Community Services.. 197

6.2.1       Senior Citizen Clubs' Grant Program 2019-2020. 197

6.2.2       Casa D'Abruzzo Partnership Opportunity.. 207

6.2.3       Youth Advisory Committee.. 219

6.2.4       Community Events Funding Program 2019-2020 - Summary of Recommendations. 227

6.3         City Transport and Presentation.. 233

6.3.1       Contract 2019-2 Conservation Management Services Tender Evaluation Report. 233

6.3.2       Redleap Recreation Reserve Master Plan.. 239

6.3.3       Petition Report - removal of gum trees - Blossom Park Drive, Mill Park.. 327

6.3.4       Masons Road Advisory Committee.. 333

6.4         Corporate Services.. 361

6.4.1       Contract Extension 2017-181 Debt Collection Services.. 361

6.4.2       SALESFORCE IMPLEMENTATION SERVICES PANEL (IN COLLABORATION WITH CITY OF MELBOURNE) CONTRACT 2018-122 - TENDER EVALUATION REPORT. 365

6.4.3       2018/19 End Of Financial Year Position.. 371

6.4.4       Audit & Risk Committee Independent Member Remuneration Review... 377

6.5         Executive Services.. 381

6.5.1       Meetings of the Chief Executive Officer 22 August - 18 September 2019. 381

7.            Notices of Motion.. 385

Nil Reports.. 385

8.            Questions to Officers.. 385

9.            Urgent Business.. 387

9.1           URGENT BUSINESS - ADVOCACY PRIORITIES.. 387

9.2        URGENT BUSINESS - Contract SR111210 Extension - Provision of Cleaning Services.. 393

10.         Reports from Delegates Appointed to Council by Other Bodies. 397

11.1       Partnerships, Planning & Engagement. 397

Nil Reports.. 397

11.2       Community Services.. 397

Nil Reports.. 397

11.3       City Transport and Presentation.. 397

Nil Reports.. 397

11.4       Corporate Services.. 399

11.4.1    Facilities Management Service Review... 399

11.5       Executive Services.. 401

Nil Reports.. 401

11.6.... Notices of Motion.. 401

Nil Reports.. 401

11.7   Urgent business.. 401

NIL REPORTS.. 401

12.         Closure.. 403

 

 

Note:

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

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

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

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Cox read the following statement:

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

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

1.3       Present

Members:

Cr Lawrie Cox                     Mayor (South West Ward)

Cr Stevan Kozmevski          Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Tom Joseph                    Deputy Mayor (North Ward)

Cr Emilia Lisa Sterjova        Councillor (North Ward)

Cr Sam Alessi                      Councillor (South East Ward)

Cr Alahna Desiato               Councillor (South East Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Officers:

Mr Simon Overland             Chief Executive Officer

Mr Russell Hopkins             Director Community Services

Mr Ben Harries                    Acting Director City Transport & Presentation

Ms Helen Sui                       Director Corporate Services

Ms Liana Thompson            Director Partnerships, Planning & Engagement

Mr Michael Tonta                 Manager Governance

 

 

 

 

 

 

 

2.         Apologies

Apology

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

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Joseph

 

THAT the Councillor's apology be received.

Carried

 

Apology

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

Council Resolution

Moved:                       Cr Kelly

Seconded:               Cr Joseph

 

THAT the Councillor's apology be received.

Carried

 

Apology

Cr Joseph moved an apology for Cr Pavlidis for this meeting.

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT the Councillor's apology be received.

Carried

3.         Declarations of Interest

THE FOLLOWING DECLARATIONS OF INTEREST WERE MADE TO THE CHIEF EXECUTIVE OFFICER PRIOR TO THE START OF THE MEETING:

 

Cr Joseph declared an indirect interest in item 6.3.4 Masons Road Advisory Committee.

Cr Monteleone declared an indirect interest in item 6.2.2 Casa D’Abruzzo Partnership Opportunity.

4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Sterjova

 

THAT the Minutes of the Ordinary Meeting of Council held 3 September 2019, as circulated, be confirmed.

Carried

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

 

5.1.1    Item 6.1.1 Dalton Road, Thomastown - Multi Dwelling Development Comprising the Construction of 73 Dwellings and Removal of Native Vegetation - Application No 717726

           Gordana Korlevski:

I would like to ask why I haven’t received the Letter of Response dated 17th September 2019 from the Building and Planning Department advising that the Council will be meeting on 1 October 2019 to decide on the Planning Application 717726 for the development of 73 dwellings at 40 Dalton Road, Thomastown, which I had objected to via email.

The Mayor Cr Cox:

“I’m sorry that you have not received a letter, however, I can confirm that letters were sent to all objectors and the head petitioner by Australia Post priority mail on Thursday 17 September 2019 informing them that Planning Application 717726 would be presented at the 1 October 2019 Council meeting.”

 

 

5.1.2    Item 6.2.2 Casa D'Abruzzo Partnership Opportunity

           Nessie Sayar:

In relation to the proposed financial partnership between Council with Casa Abruzzo (item 6.2.2), are the councillors fully aware of the harm experienced by local residents and families in regard to exposure to poker machines? And if so, how do they reconcile investing ratepayer money into a development that is likely to cause further harm and financial losses?

The Mayor Cr Cox:

“Council is very aware of the public health evidence relating to both the harm from gaming machines as well as the evidence on the benefits of physical activity consistent with current policy. Council will take into consideration the balance between these matters in our decision making on the application.”

 

 

5.1.3    Item 6.2.2 Casa D'Abruzzo Partnership Opportunity

Alex Haynes, CEO of Whittlesea Community Connections:

What other sporting investment alternatives did Council consider before identifying four netball courts?

The Mayor Cr Lawrie Cox:

 

“Council has worked closely with both Netball Victoria and Basketball Victoria over the past six months and have identified a high demand for additional playing courts within the Epping area. It is estimated that up to 3000 residents are playing sport outside of the City of Whittlesea. In our long-term infrastructure planning, netball and basketball facilities are not scheduled to be built in this area for seven plus years. There is significant immediate need for these facilities at this time, which can be met through this proposal.”

 

 

5.1.4    Item 6.2.2 Casa D'Abruzzo Partnership Opportunity

Alex Haynes, CEO of Whittlesea Community Connections:

What measures has Council considered, or can be put in place, to ensure that any future partnership with Casa D’Abruzzo doesn’t compromise Council’s reputation as a community advocate against increased number of EGMs?

The Mayor Cr Lawrie Cox:

“Council has a long-standing 20 year partnership with the Casa A’bruzzo Club in the joint management of their soccer pitches. Council will continue to work closely with our local partners to advocate to the state government about pokies reform. The 20 year agreement has existed alongside Council’s current advocacy and leadership for pokies reform.”

 

 

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

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

5.2     Petitions

5.2.1    INSTALLATION OF SHADE STRUCTURE AT SENIORS EXERCISE PARK LOCATED OFF BARRY ROAD, LALOR

           Cr Kozmevski tabled a petition received from 21 residents requesting Council install a          shade sail over the Senior Fitness Equipment located off Barry Road, Lalor.

Moved:                       Cr Kozmevski

Seconded:               Cr Alessi

THAT Council resolve to receive the petition requesting Council install a shade sail over the Senior Fitness Equipment located off Barry Road, Lalor and that Council officers meet with the head petitioner to discuss the request and consider future shade opportunities.

                                                                                                                                    Carried

 

  5.3       Joint Letters

5.3.1    PROPOSED CO-INVESTMENT BETWEEN CASA D'ABRUZZO AND WHITTLESEA COUNCIL

Cr Alessi tabled a joint letter received from Hume Whittlesea Primary Care Partnership and Whittlesea Community Connections regarding item 6.2.2 Casa D’Abruzzo Partnership Opportunity.

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve to receive the joint letter from Hume Whittlesea Primary Care Partnership and Whittlesea Community Connections regarding item 6.2.2 Casa D’Abruzzo Partnership report and to consider the joint letter alongside discussion of item titled 6.2.2 Casa D’Abruzzo Partnership Opportunity.

Carried

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.         Officers’ Reports

Recommendation

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

THAT Council resolve to adopt the Recommendations for item numbers 6.1.2, 6.1.5, 6.1.6, 6.1.7, 6.1.9, 6.1.10, 6.2.1, 6.3.1, 6.3.3, 6.4.1, 6.4.2, 6.4.3, 6.4.4 and 6.5.1.

                                                                                                                                   CARRIED

 

 

Group Adoption of Items En Bloc

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

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1    40 Dalton Road, Thomastown - Multi dwelling development comprising the construction of 73 dwellings and removal of native vegetation - Application No. 717726

Attachments:                        1        Locality Maps

2        Applicant Suggested Alterations

3        Development Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Planner   

APPLICANT:                                  Veris Australia

COUNCIL POLICY:              22.10     River Red Gum Protection Policy

22.11     Development Contributions Plan Policy

22.16     Housing Diversity and Design

ZONING:                               General Residential Zone Schedule 4 (GRZ4)

OVERLAY:                            Development Contributions Plan Overlay Schedule 3 (DCPO3)

Vegetation Protection Overlay Schedule 1 (VPO1)

REFERRAL:                          VicRoads

          Public Transport Victoria

OBJECTIONS:                      51 and a petition containing 242 signatures

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application No. 717726 and issue a Notice of Refusal, for the construction of 73 dwellings and removal of native vegetation at 40 Dalton Road, Thomastown, as the development does not satisfactorily comply with the relevant sections of the Whittlesea Planning Scheme and represents and overdevelopment of the site.

KEY FACTS AND / OR ISSUES

·    The application seeks a permit for the development of 73 dwellings and removal of native vegetation at 40 Dalton Road, Thomastown.

·    Notification of the original application was undertaken and 51 objections were received in addition to a petition containing 242 signatories.  Grounds of objection related to transport/traffic and parking impacts, overdevelopment/excessive density, impacts on neighbourhood character, poor design, noise, impact on property values and non-compliance with the Whittlesea planning Scheme.

·    The applicant subsequently amended the proposal making minor changes to the road characterisation/width, open space areas, additional tree retention, and no change to dwelling numbers.

·    Following a review of the amended proposal, concerns were reiterated, and the applicant advised of further possible changes that could be made, although did not formally make any further changes.

·    Although the site is appropriately located and of a size to accommodate an infill development of increased density when compared with the surrounding area, the proposal as amended (including possible future amendments) has not satisfactorily demonstrated an appropriate level of compliance with the Whittlesea Planning Scheme, Clause 55 and Council’s Housing Diversity Strategy.

 

 

Report

SITE AND SURROUNDING AREA

The site is situated on the south east corner of Dalton Road and Parklands Drive.

It is an irregular shaped parcel of land which has a frontage of 296m to the southern side of Parklands Drive and is separated in title from Dalton Road by a 5m wide reserve owned by VicRoads, therefore having no direct frontage (or access) to Dalton Road.  To the south the site abuts the Metropolitan Ring Road and to the east abuts the Yan Yean Aqueduct reserve.

The land is presently vacant with a slight fall from the south-west to north-east.  It contains several trees located around the boundary of the site and in the centre of the eastern part of the site.

To the west is an industrial precinct located on the western side of Dalton Road, which includes a range of warehouse and office developments. 

To the south, the site abuts the Metropolitan Ring Road some 55 metres from the main carriageway, with the noise attenuation wall constructed on the southern boundary of the site and Metropolitan Ring Road shared user path and the on ramp (from Dalton Road) situated between.

To the east is the Yan Yean Aqueduct reserve, which also functions as a linear pedestrian pathway that connects the community, but with access to the shared pathway along the Ring Road restricted by the noise wall.

The area to the north and further east (beyond the aqueduct reserve) is an existing residential area, comprising mainly conventional housing.  The housing to the north is separated from the subject site by approximately 30 metres (Parklands Drive road and reserve) and contains housing with rear fencing facing Parklands Drive (the dwellings front Cumberland Crescent).  The rear of these lots abut a ‘mounded’ reserve along the northern side of Parklands Drive and there are numerous semi-mature Red Box street trees along both sides of Parklands Drive.

The site is in proximity to the following services and facilities as follows:

·    400m from restricted retail (Timber, Hardware, Electrical)

·    800m from convenience restaurants

·    900m from Thomastown East Primary School

·    1.6 km from Thomastown Railway Station

·    1.8km from Lalor East Primary School

·    1.8km from Lalor Plaza Neighbourhood Activity Centre

·    1.8km from High Street Thomastown Neighbourhood Activity Centre

·    4km from RMIT

Local bus services are:

·    556 (Bus stop 140-160 metres north) Epping Plaza SC – Northland SC via Keon Park (services at least 20 minutes apart).

·    559 (Bus stop 550 metres north) – Thomastown via Darebin Drive (services at least 20 minutes apart).

restrictions and easements

There are no Covenants, Restrictions or Agreements on Title that restrict the development of the land.  There is an easement located along the eastern boundary of the site for drainage and sewerage.  This easement is inset 2m from the property boundary.

Proposal

The application (as amended) seeks approval for the development of 73 dwellings.  The dwellings are all two storeys, with three bedrooms (save for two dwellings that were amended to two bedrooms) and either a double garage or single garage with a tandem car parking space at the front (save for the revised two-bedroom dwellings that will only have single car spaces).

There are two rows of dwellings in the area between the proposed road and Parklands Drive, with dwellings fronting both roads and one row of dwellings on the south side of the proposed road, backing onto the noise attenuation wall which runs along the southern boundary of the land.

 

All dwellings are two-storey in form, with maximum height of 7m.  Each dwelling has living areas at ground floor and bedrooms at first floor level.

 

The layout proposes the construction of a new internal 16m wide public loop road with the majority of the dwellings (58) accessed directly from that road.  The remaining 15 dwellings would have direct access from Parklands Drive via new crossovers.

The proposal also seeks to provide a reserve (0.1ha) for the retention of the existing large River Red Gum tree located in the eastern portion of the site close to the Parkland Drive frontage.  This reserve would be transferred to Council.  The other trees are proposed to be removed.

The amended proposal also:

·    Reduced the loss of less street trees along the Parklands Drive frontage, from five to be removed to three, by reviewing the proposed driveway locations along Parklands Drive;

·    Improved the interface between dwellings and the proposed Council reserve (containing the large River Red Gum tree) and the aqueduct track at the eastern end.  This also improved the passive surveillance to these public areas;

·    Accommodates visitor parking within the common driveway/road;

·    Increases the distance of the western intersection of the internal driveway/road from the Dalton Road and Parklands Drive intersection to 50 metres.

·    Provides the ability for additional planting in the development; and

·    Increases transparency of fencing that fronts Parklands Drive.

ORIGINAL Proposal

The amended proposal varies from the original where:

·    The western intersection with Parklands Drive was less than 50 metres from the Dalton Road intersection;

·    Each dwelling contains three bedrooms and was provided with two car spaces.

·    Visitor parking to be provided in the form of street parking within the proposed public road reserve.

A range of concerns were raised with the Applicant by both officers and objectors, resulting in the original proposal being amended to form the new proposal.

Possible further amendments to the proposal

Following discussions with the applicant regarding ongoing concerns (both with the original and amended proposals), the applicant advised that further changes were possible (demonstrated through concept plans).  These changes were in response to ongoing concern as well as in response to changes in the planning controls that were introduced by Amendment C200 to the Whittlesea Planning Scheme.  The potential changes included (and are referenced as ‘the second response’) include:

·    Internal loop road

Conversion of the 16m wide internal public road to a private (common) driveway/road at a reduced width of 10.4m to increase gardens and make provision for more trees within the development.  This was proposed to retain two-way vehicle movements, a pedestrian path, waste collection and visitor parking.

·    Public Waste Collection

The amended proposal seeks to retain Council waste collection for a private internal road.

·    Driveways to Parklands Drive

Removal of angled driveways to Parklands Drive, ensuring they are perpendicular to the alignment of the road, with further opportunities to revise to avoid as far as possible impacts on-street trees. 

·    Vegetation

Increase tree retention such that the Large River Red Gum on the site, as well as three of the four trees at the western end of the site to be retained.

·    Gardens

Increase the amount of private open space to each dwelling through narrowing the internal loop road from 16m (as public road) to 10.4m (as private driveway status).  The additional area to be added to ‘lots’ to increase open space and garden provision. 

Concept plans have been submitted in support of these proposed alterations and are attached at Appendix 3.

Public Notification

Advertising of the application has resulted in 51 objections and a petition containing 242 signatures being received.  The grounds of objection can be summarised as follows:

1.       The proposal will significantly increase the number of vehicles at the intersection of Parklands Drive and Dalton Road, and increase the traffic hazards at this intersection which is already regarded as dangerous.

2.       Increase traffic congestion in the area, particularly at the intersection of Parklands Drive and Dalton Road.

3.       Inadequate parking within the development including inadequate parking for visitors, and the development will exacerbate parking problems in the area.

4.       There are too many dwellings proposed on the land and the proposal is an overdevelopment.

5.       The proposed dwellings are bulky and will be an ‘eyesore’ in the area.

6.       The density exceeds the density of the surrounding residential area and the proposal is not in accordance with the character of the residential area in which the site is located, including that the surrounding area predominantly comprises single storey dwellings and not two-storey as proposed in this development.

7.       It will have the effect of reducing the values of residential properties in the area.

8.       The development is contrary to the ‘family friendly environment’ of the residential area around the site.

9.       Adverse noise impacts from the dwellings.

10.     The proposal is contrary to Council’s Housing Diversity Strategy.

11.     The proposal does not comply with applicable Planning Policies or Clause 55 (ResCode) of the Whittlesea Planning Scheme.

GENERAL RESIDENTIAL ZONE SCHEDULE 4 (GRZ4)

The area is in the General Residential Zone, with Schedule 4 applying.  A planning permit is required for the construction of more than one dwelling on a lot within this Zone, and a development proposal must meet the requirements of Clause 55 (i.e. ResCode) of the Scheme.  The Zone provisions (at Clause 32.08-4) applies the minimum garden area requirement.  As the site is greater than 650m2, at least 35% of the site must be retained as garden area.

Schedule 4 to the Zone (Neighbourhood Interface Areas) has the following ‘Neighbourhood character objectives’:

·    To support a preferred neighbourhood character that balances the scale of development with landscaping and ensures sensitive transitions in height from existing dwellings.

·    To encourage contemporary building designs with variation and breaks in building form to soften the visual bulk of development through elements such as eaves, hipped or gabled roof forms and setbacks at upper floors.

·    To improve landscape character by providing generous landscaping including canopy trees in front and rear setbacks to soften the visual impact of development.

·    To encourage functional secluded private open space at the rear of the dwelling through its orientation and design. 

Schedule 4 also varies the ResCode requirements relating to Landscaping (Standard B13) and Private Open Space (Standard B28), with the following applying in that regard (introduced by AmC200):

Landscaping (B13)

Provide one canopy tree in both the front and rear setbacks. Each canopy tree must achieve a minimum six metres mature height and be accommodated in a pervious area of at least 5 metres by 5 metres, that does not contain driveways or car parking.  This area is to be provided in addition to secluded private open space.  Incorporate additional canopy trees at a ratio of one canopy tree for every two dwellings on development sites of 1,000 square metres or more. 

Private Open Space (B28)

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 4 metres and convenient access from a living room, or

A balcony of 12 square metres with a minimum width of 2.4 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy (HDS) was introduced into the Planning Scheme by 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.   The HDS is now a reference document in the WPS and an assessment against it is provided under Standard B2 of the Clause 55 assessment.

The site is within a Neighbourhood Interface Area.  In this area, the HDS encourages medium and standard density with preferred housing comprising detached dwellings dual occupancies/duplexes, townhouses and multi units.  It also includes the following ‘key design principles’:

Height

·    A range of low to medium building heights that support some housing diversity.

·    Building heights that integrate well with existing housing stock.

Setbacks

·    Moderate front setback to provide sufficient space for landscaping and a medium canopy tree.

·    Sufficient side and rear setbacks to allow for some landscaping and external access to the rear.

Site Coverage

·    Medium site coverage to facilitate a balance between increased densities and landscape opportunities.

Private Open Space

·    Usable private open space.

Landscaping

·    Landscaping to complement medium density built form.

·    Medium sized canopy trees in the front setback.

·    Large canopy tree in rear setback

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

 

 

ü - Compliance
× - Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

×

×

While the HDS anticipates a higher density on this site, the proposed development is all two-storey and has very limited breaks in the built form, particularly evident along the Parklands Drive frontage.  This has little regard to the existing character of the neighbourhood.

The attached nature and consistent two-storey form of the development gives it a bulky appearance, with very little relief along the lines of attached dwellings.

The removal of street trees along Parklands Drive would negatively affect the character along Parklands Drive.  These trees are mature ‘Red Box’ trees of consistent age and size, and removal of trees for dwelling crossovers or driveway should be avoided (though removal of a small number may be necessary for the private road intersection at the eastern end).

B2

Residential Policy

×

×

It is acknowledged that the application was made prior to the approval of Amendment C200, which introduced the ‘Housing Diversity and Design’ (at Clause 22.16), however the policy at that stage was well advanced and should have been considered in the preparation of the application.

The proposal is not consistent with that policy in the following aspects:

·     The proposal does not include elements of accessible/adaptable housing as set out in the objectives and by policy requires such housing at the rate of 1 in 10 dwellings in a development of 10 or more dwellings.

·     It is inadequate in terms of the policy statement requiring a variation in the number of bedrooms in a development of 10 dwellings or more (with only 2 two-bedroom dwellings proposed and the remainder are 3 bedrooms).

·     The first response proposed that a number of dwellings be ‘reverse living’.  While the applicant has sought to justify this against the policy requirements, it is not considered that these are justified, noting that other options are available and that most of these are not directly opposite the proposed Council reserve and therefore would not meet the imperative of providing ‘enhanced outlook such as to public open space’ from the private open space areas provided at first floor balcony level.

In relation to other State and Local policies, it is acknowledged that there is general support for additional dwelling stock in established areas close to existing services, jobs and public transport.

The site has only reasonable proximity to such services, and as it is not particularly convenient to these services, it is considered that the density and intensity of the development is too high when considered against that aspect.

Local policies (Clause 21.04) seeks “…more diverse housing in terms of size, type, tenure, cost and style within the established suburbs…” – the proposal does not meet that requirement.

 

B3

Dwelling Diversity

×

×

This applies to developments of 10 or more dwellings.

All proposed dwellings each contain three bedrooms (except two dwellings changed to two bedrooms).  In addition, seven dwellings were altered to have first floor living areas with bedrooms at ground floor.  These dwellings have north side balcony open space at first floor level.

Council policy has a preference for ground level living areas (rather than ‘reverse living’), however the north facing balconies in this instance have an approximate aspect to the proposed Council reserve, though are not directly opposite.

The development could provide better diversity by the inclusion of additional two-bedroom dwellings, and it would be appropriate for some of the smaller dwellings on the southern side of the proposed road (i.e. between the road and the VicRoads acoustic barrier) to be redesigned as two-bedroom.

In summary, it is not considered that the proposal meets this Standard, and the development in itself should provide a greater level of diversity.

B4

Infrastructure

ü

ü

 

B5

Integration with the street

×

×

The private open space areas in the front setback from Parklands Drive and fencing along the frontage, results in a streetscape which alternates between that fencing and garage doors.  This is unsatisfactory.

B6

Street setback

ü

×

This Standard requires a minimum street setback of 4m, given that there are no abutting dwellings on either side of the land, as it runs between Dalton Road (5m tree reserve) and the aqueduct reserve at the eastern end.

Most dwellings exceed the 4m setback, however, this seems to be because the secluded private open space is provided in the front setback from Parklands Drive (which itself is not satisfactory).

There are only two dwellings that have a street setback of 3m, being the side of dwellings facing the internal road.

A reduction in the street setback in this instance would be supported having regard to the HDS supporting ‘moderate’ front setbacks sufficient for landscaping and a medium canopy tree, and considering that there is no active frontages along the north side of Parklands Drive (rear fences) opposite the site.

B7

Building height

ü

ü

 

B8

Site coverage

ü

ü

 

B9

Permeability

ü

ü

 

B10

Energy efficiency

ü

ü

 

B11

Open space

ü

ü

This only applies where public or communal open space is to be provided on site or adjacent to the development.

The area containing the two large River Red Gum trees is proposed to be transferred to Council as public open spaces, with the trees to be retained.

This reserve would have the side of two dwellings abutting it on the western side, and several dwellings on the southern and eastern side of the driveway (Dwellings 45 to 55) would directly face this reserve.

B12

Safety

ü

ü

 

B13

Landscaping

Varied by GRZ4

×

×

The amended proposal does not satisfactorily address the requirements introduced by Amendment C200 and although the applicant has identified further opportunities, there remain concerns with the ability to comply. 

The change in controls requires canopy trees in both the front and rear setbacks of the property, each within an area of 5m by 5m.  This could likely be met considering that it applies to the land as a whole (and not individual dwellings) and the irregular shape of the land.

The applicant has attempted to provide space for trees in the front and rear setback of each dwelling.

This Standard (as varied) also requires additional canopy trees at the rate of one canopy tree to every two dwellings (on site of 100m2 or more).  This would require the provision of a further 36 to 37 additional trees.

The landscape concept plan submitted with the initial application shows that the proposed tree planting could possibly be achieved.  While this was based on the initial proposal with a wider (public) road and not the possibly reduced width driveway (second response), it is possible that a satisfactory landscape outcome in terms of this Standard could be achieved, however cannot be determined without considered an amended response that addressed all concerns.

B14

Access

ü

ü

 

B15

Parking location

ü

ü

 

B17

Side and rear setbacks

ü

ü

 

B18

Walls on boundaries

ü

ü

No walls proposed on site boundaries.

B19

Daylight to existing windows

N/A

N/A

The site has no direct abuttal to any other residential property.

B20

North-facing windows

N/A

N/A

 

B21

Overshadowing open space

N/A

N/A

 

B22

Overlooking

ü

ü

 

B23

Internal views

ü

ü

 

B24

Noise impacts

ü

ü

While the site abuts the ring road reserve to the south, there is an acoustic sound barrier fence, and to the immediate south of that is the shared pathway and on-ramp (from left turn access to the ring road from Dalton Road), between the site and the main carriageway of the ring road.

An acoustic report submitted with the application states that while there would be some noise impacts from both the ring road (which is elevated over Dalton Road) and Dalton Road meets required levels for residential use.

The predicted values will achieve the VicRoads, 63 dB(A) L10 (18 Hour) requirement without any specific noise control treatments.

B25

Accessibility

ü

ü

The dwelling entries are not elevated and would be accessible to people of limited mobility.

B26

Dwelling entry

×

×

The entry point to dwellings along the Parklands Drive frontage is poor with front entrances within the fenced off secluded private open space areas which fails to meet this Standard.

B27

Daylight to new windows

ü

ü

 

B28

Private open space

Varied by GRZ4

×

×

This Standard requires the private open space to be at the side or rear of the dwelling.

The minimum area requirement is 25sqm and the GRZ4 Schedule increase the required minimum dimension from 3m to 4m.

The POS to the dwellings fronting Parklands Drive meets the area and dimension requirements but is situated in the front setback.  While this is on the north side, it is unsatisfactory in terms of this Standard and in terms of the outcome to the streetscape, resulting in alternating garages and fencing to the street.

B29

Solar access to open space

×

×

While north side open space is provided in most instances, it is not satisfactorily situated in all cases, especially being situated within the front setbacks to Parklands Drive.

Dwellings 55 to 65 on the south side of the driveway are shown (in the second response) as relocated further from the southern boundary (sound barrier wall) so as to achieve greater offsets from the wall, as shown on sheet 4 of Attachment 3.  This is to achieve space for potential tree planting as well as open space.  However, while these areas as open space would not achieve adequate solar access (being on the south side) it is noted that these dwellings are reverse living with a balcony at first floor level on the north side, thus providing open space that meets the requirements for solar access.

B30

Storage

ü

ü

 

B31

Design detail

ü

ü

Complies as it is considered that the design detail respects the existing character of the area taking into account the higher density anticipated on this land.

Detail such as roof form, window and door proportions, façade treatments, verandas and porches may be consistent with the character of the area having regard to the time that the surrounding area was developed, and the higher density anticipated (HDS) on this site.

However, the development is considered too bulky in terms of the neighbourhood character (refer to assessment at B1 of this Table).

B32

Front fences

ü

ü

Fences are proposed to contain the SPOS areas in the front of dwellings facing Parklands Drive, comprising 1.5m high part (50%) transparent construction.

While this is not an ideal outcome, the height of the proposed fences meets the requirements of this Standard.

B33

Common property

ü

ü

In the event that the road became private in lieu of public, it would become common property and be capable of efficient management and maintenance.

B34

Site services

ü

ü

 

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 two car spaces are to be provided to each dwelling containing three or more bedrooms, plus additional visitor car parking at the rate of one space per five dwellings (required to be rounded down to the nearest whole number).  Therefore, there are 14 visitor car spaces required.

The proposal provides each dwelling with two car spaces by either a double garage (to 57 dwellings) or a single garage with tandem space in front (to 16 dwellings).

The required number of visitor parking spaces are proposed to be allocated as parallel parking along the common property driveway.  However, the detail of the location and practicality of the visitor parking is not yet determined or shown and it is questionable whether it could be achieved given the reduced width of the space in conjunction with pedestrian paths and suitable passing width.

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage).  The proposal complies with these requirements.  Open car spaces are to be at least 4.9m long and 2.6m wide, with tandem spaces (i.e. outside garages in this instance) are required to be offset from the garage by an additional 0.5m to separate car spaces.  The addition 0.5m between the tandem space and the garage is not provided in nine of the 16 dwellings that have a single garage and additional tandem car space in front. 

Given the shortcomings, the proposal has not sufficiently demonstrated that compliance can be achieved with the relevant sections of Clause 52.06.

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 rate of $2.19 per square metre of the total site area (to be CPI adjusted).  This requirement must be included as a condition on any planning permit that is issued.

Comments on Grounds of Objection

In reviewing the grounds of objection, the following assessment and comments are made in summary:

1.       Traffic hazards and vehicle numbers at intersection of Parklands Drive and Dalton Road.

While there is an obvious increase in traffic that will result from the proposed development, the applicant provided a traffic report that demonstrated via gap analysis and SIDRA analysis the intersection of Parklands Drive and Dalton Road would still be able to operate within satisfactory road traffic tolerances.  While, it is accepted that there would be more vehicles using this intersection than at present, it is also noted that the following changes (unrelated to this application) have been made (by VicRoads) which should improve the flow and safety of the intersection:

·    Traffic signals recently installed (April/May 2019) at the intersection of Dalton Road and Spencer Street (about 80 metres north of Parklands Drive) improves the situation for traffic at the intersection of Parklands Drive.

·    As part of the traffic signal installation, the intersection of Parklands Drive was modified to left-in and left-out only, with the Dalton Road median strip extended north to Spencer Street.

2.       Increase traffic congestion in the area.

There would be increased traffic introduced into the area by the proposed development.  However, this would be within acceptable limits.  Increased congestion at the intersection of Parklands Drive and Dalton Road would be unlikely due to the recently modified intersection to only left-in, left-out.

3.       Inadequate parking within the development and the development will exacerbate parking problems in the area.

Each dwelling is provided with two car spaces (or one space to the two-bedrooms dwellings) as required.  The development requires a total of 14 visitor spaces, which are proposed to be located along the common driveway.  However, details and location of the visitor parking is not yet provided and it is difficult to ascertain at this stage whether these would be satisfactory.

4.       Too many dwellings and the proposal is an overdevelopment.

Council’s HDS anticipates a higher density on this site.  Provided the requirements of ResCode and the HDS were satisfied, the proposal would not be considered an overdevelopment.  Based on the current proposal and as compliance has not been demonstrated, this concern is currently shared by officers.

5.       The dwellings are bulky and will be an ‘eyesore’.

Two-storey built form is acceptable in an urban setting and consistent even where the predominant housing form is single storey.  There are however concerns in this instance with the attached two-storey form and associated bulk created through the density proposed.  Greater spacing and/or variation would be encouraged.

6.       The density exceeds the density of the surrounding residential area and all dwellings proposed are two-storey.

Council’s Housing Diversity Strategy identifies the subject land as being within the “Neighbourhood Interface” change area while the surrounding residential areas to the north and east are identified as being in the “Suburban Residential” change area.

The Neighbourhood Interface area states that it “Encourages medium and standard density” residential development, whereas the Suburban Residential states that it “Encourages standard density”.

Therefore, Council’s Policy has an expectation of a higher density on the subject land when compared with the surrounding residential area.  However, the site does not have the advantage of being particularly close to urban facilities and transport, and it is considered that the distance to such facilities does not warrant the extent of density proposed in this application.

7.       It will reduce values of residential properties in the area.

Whether a proposed development would or would not impact on the value of surrounding properties is not a relevant planning consideration which has been frequently confirmed by the Victorian Civil and Administrative Tribunal when deciding planning matters.

8.       Contrary to the ‘family friendly environment’ of the residential area around the site.

While accepting that this may be a perception of existing residents in the area, it is not a matter that can be addressed in a planning application.  However, it is noted that the proposal comprises three-bedroom dwellings, which could accommodate a family. 

There is no level of control over the tenancy type for any dwelling, as with existing dwellings, so there is no restriction on whether these or other dwellings accommodating one or more single persons.

9.       Adverse noise impacts from the dwellings.

Noise generated by a residential development would be limited to noise from dwellings only and therefore cannot be said to be contrary to a residential area.  It is noted that the site itself has no direct abuttal to any other residential property and that the nearest residential properties to the east are on the eastern side of the Yan Yean pipe track (25 metres away) and it is the rear fence of those properties that abut the northern side of Parklands Drive, opposite the subject land (30 metres to rear fences).

Short term construction noise would be managed through existing EPA and Council Local Laws.

10.     Contrary to Council’s Housing Diversity Strategy.

The HDS has an expectation of a higher density on this site, when compared with the density of surrounding residential development.  Notwithstanding this, there remains some concerns with the shortcomings identified within this report that are attributed to the density that may be addressed through a minor reduction in the number of dwellings.

11.     Not compliant with Planning Policies or Clause 55 (ResCode) in the Planning Scheme.

The development broadly meets the requirements of the HDS and ResCode, however would require a redesign to address outstanding requirements.  In addition, it is consistent with higher level policy that supports medium density housing in accessible locations.

further discussion

The responses by the applicant are acknowledged, and the changes made and the suggestions put forward improve the proposal and bring it closer to compliance with planning requirements.  It is noted that the same number of dwellings are proposed as in the initial submission, and there may need to be a reduction in that number to achieve a satisfactory outcome.

There are issues that remain or are not yet resolved.  It is noted that any condition of approval nominating compliance with the range of suggested alterations would in effect require numerous and substantial alterations to the point where the final outcome expected would be unclear.

In particular the following issues still remain:

·    The private open space in the front setback to Parklands Drive results in an unsatisfactory outcome to the streetscape.  The private open space should be relocated to the rear of dwellings with dwelling frontages having a better presentation to the street.  This is important to achieve a satisfactory streetscape and better activate the Parklands Drive frontage as the northern side of Parklands Drive has rear fences facing the road, at a lower level and behind a reserve.  A reduced front setback to Parklands Drive may be considered acceptable having regard to the HDS provisions.  However, the resulting POS areas at the rear may have difficulty in meeting the area and dimension, and solar access requirements, and needs to be addressed before an approval could be contemplated.

·    Visitor parking is proposed within the private common driveway.  This is not yet determined as to whether this would be suitable in terms of location compared with dwelling driveways, the need for waste collection areas, footpaths and service requirements.

·    The lack of diversity in the dwelling forms and types.

·    The density is considered too high, having regard to the site not being particularly well located with respect to fixed transport or the full range of services.  This site is likely more appropriate to a lesser density though it can be higher than the surrounding area due to the HDS designation and its proximity to a significant employment area.

·    The relocation of the driveways to Parklands Drive and impact on existing street trees should be determined prior to an approval being contemplated.  It is desirable that all street trees are retained and driveways not be situated on structural root zones or tree protection zones of trees, with the only trees to be removed being limited to trees where the proposed driveway intersections with Parklands Drive are located.  This may result in a reduced number of dwellings fronting Parklands Drive, which may also assist in achieving a less bulky built form along that frontage and provide for greater breaks in the built form

External referrals

The application was referred to VicRoads and Public Transport Victoria (now known as Department of Transport).  Both have responded that there are no objections to the proposal and no conditions required.

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

While there is a reasonable expectation of this site being developed with dwellings having a higher density than the surrounding residential area, which is reflected in Council’s HDS, the proposed development overall is considered unsatisfactory and refusal is recommended.

The alterations to the development as proposed by the applicant in its two main responses to the issues raised have improved the development and brought it closer to meeting requirements of the HDS, ResCode and Amendment C200.  However, due to the issues remaining that would necessitate a redesign, the proposal remains unsatisfactory and refusal is recommended.

 

 

 

 

 

 

 

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 717726 and issue a Refusal to Grant a Planning Permit for construction of 73 dwellings and removal of native vegetation on the following grounds:

1.       The proposal does not comply with applicable policies in the Planning Scheme.

2.       The development does not achieve a satisfactory level of compliance with Clause 55 (ResCode) of the Planning Scheme, including:

a)      neighbourhood character;

b)      residential policy;

c)      dwelling diversity;

d)      integration with street;

e)      street setback;

f)       landscaping;

g)      accessibility;

h)      dwelling entry;

i)       private open space; and

j)       solar access to open space.

3.       The development does not comply with the policy at Clause 22.16 (Housing Diversity and Design Policy) of the Planning Scheme and does not satisfy the key design principles of the Housing Diversity Strategy.

4.       The development does not satisfactorily meet the requirements introduced by Amendment C200 to the Planning Scheme.

5.       The form, scale, bulk and attached nature of the development is contrary to the neighbourhood character of the area.

6.       The proposal has not demonstrated satisfactorily compliance with the requirements of Clause 52.06 of the Whittlesea Planning Scheme.

 

COUNCIL RESOLUTION

Moved:                       Cr Kozmevski

Seconded:               Cr Desiato

 

THAT Council resolve to adopt the Recommendation.

                                                                                                        CARRIED UNANIMOUSLY


UNCONFIRMEDOrdinary Council Minutes                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                              Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.2      Amended Community Building Policy and Strategy 

Attachments:                        1        Amended Community Building Strategy

2        Amended Community Building Policy

3        2015 Community Building Policy _with changes   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Social Policy & Planning   

 

RECOMMENDATION SUMMARY

That Council resolve to endorse the amended Community Building Policy and Strategy.

KEY FACTS AND / OR ISSUES

·    The City of Whittlesea adopted the inaugural Community Building Policy and Strategy on the 17th November 2015.

·    The Community Building Policy and Strategy has been amended to include refreshed objectives and priority actions that:

align with Council’s new strategic vision

build on Council’s achievements to date and

respond to priorities identified by community in recent consultations.

·    Specific amendments to the 2015 Community Building Policy and Strategy are detailed in Attachment 3.

·    The City of Whittlesea recognises that local communities are strengthened through opportunities for people to connect with others, be involved and have a say. Community Building is a way of working that brings people, groups and organisations together.

 

Report

Background

The City of Whittlesea adopted the Community Building Policy and Strategy on the 17th November 2015. Council recognised that a community building approach to our work would:

·    align Council’s efforts with community priorities

·    include local community in decision-making

·    ensure opportunities for people to connect and participate

·    assist communities to activate their own activities

·    bring stakeholders together to improve delivery of services and infrastructure

Community Building is a way of working that brings people, groups and organisations together. It builds community resilience and creates communities in which everyone is welcomed, valued and included. Increasing social connection, civic participation and social cohesion in communities is known to contribute to a range of positive health, social and economic outcomes. Communities where people are more socially engaged and trusting of others, tend to be happier and healthier overall (OECD 2013).

Proposal

The amended Community Building Policy and Strategy are presented for Council consideration (Attachment 1 and 2).   The proposed changes, including refreshed objectives and priority actions:

·    align with Council’s new strategic vision

·    build on Council’s achievements to date

·    respond to priorities identified by community in recent consultations.

The specific amendments to the 2015 policy are identified in Attachment 3.

The amended Community Building Policy and Strategy contribute to the City of Whittlesea’s long-term vision Whittlesea 2040: A place for all. They work towards our goal for a Connected Community. The refreshed Community Building objectives are to:

1.       Strengthen opportunities for people to connect and foster social cohesion.          

2.       Enhance community participation and satisfaction with local democracy.    

3.       Strengthen collaboration and partnerships that help deliver community defined goals.

The amended Community Building Strategy identifies new priority actions under each objective. These seek to build on the achievements of the completed 2015 Community Building action plan, including:

·    The Advocacy Strategy and community Advocacy Toolkit

·    Policies including the Early Activation, Volunteer and Community Transport, Participation and Engagement Policy and Framework

·    Alignment of Council’s community grants, and

·    Early activation project in Olivine, Donnybrook.

A draft action plan was presented to Council Briefing on the 20th August 2019 to illustrate proposed actions for 2019/20, including:

·    annual planning and improved accessibility of community centres

·    human centered design approach for Mernda Town Centre

·    measure and develop programs to improve social cohesion

·    fund small neighbourhood community managed events

·    partnerships for community development in new growth communities

·    accessible options for community grants application and acquittal process

·    community leadership programs

·    showcase learnings from key community engagement projects

·    support young people to advocate on their priority issues

·    community engagement and participation training.

Consultation

Findings from community consultations, Whittlesea 2040: A place for all (2018) and the Civic Participation Survey (2018) show that the local community are calling for greater social connection, inclusion and civic engagement opportunities. The amended Community Building Policy and Strategy are informed by:

1)   Whittlesea 2040: A place for all (2018) community consultation, over 4000 local people, aged 3 to 85+, from every suburb and with 2/5 of participants born overseas sharing their hopes for a stronger sense of community and wellbeing; a welcoming and inclusive city; for more and affordable community activities and events, and active and empowered citizens.

2)   Civic Participation Survey (2018) with responses from 1178 residents, a little less than half (43.9%) of respondents reported that they speak a language other than English at home. This recent survey found community members on average considered it very important that ‘Council provides them with an opportunity to have a say about issues of importance for their community’. Almost two-thirds (61.5%) of respondents considered this very important.

Consultation was also conducted with the Neighbourhood House Network, Whittlesea Community Connections and was also peer reviewed. 

Pending Council’s decision, targeted community consultation (focus group) will be held in October-November to seek feedback on the Community Building Policy and Strategy. Councillors will be invited to participate in the focus group. 

Financial Implications

Action plans describing resources required will be developed in consultation with responsible departments. While investment will be required for some actions, e.g. community engagement in decision making and community leadership, it is expected that this will occur within existing resources.

Policy strategy and legislation

The amended Community Building Policy and Strategy contribute to the City of Whittlesea’s long-term vision Whittlesea 2040: A place for all. They work towards our goal for a Connected Community and key directions 1.1 A socially cohesive community, and 1.3 A participating community. 

The Community Building Policy and Strategy directly responds to Council’s role outlined in the Local Government Act 1989.  This includes:

·    considering the diverse needs of the local community in decision making;

·    advocating the interests of the local community to other communities and governments;

·    fostering community cohesion; and

·    encouraging active participation in civic life.

The Community Building Strategy upholds and promotes the rights all people hold within the Victorian Charter of Human Rights and Responsibilities Act 2006 and is aligned with Victoria’s Equal Opportunity Act 2010, Australian Human Rights and Equal Opportunity Act 1986 and Australians Human Rights Framework 2010.

link to strategic risks

Strategic Risk

The amended Community Building Policy and Strategy is aligned and will contribute to the achievement of Council’s strategic direction, A Place for all. The Policy and Strategy articulates Council’s commitment to a community building approach, that includes local community in decision-making, brings governments and stakeholders together to facilitates positive community outcomes.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

Strategic Objective                        We are socially inclusive of all ages, abilities, gender, race, ethnicity, sexuality, religion, culture and heritage

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

Conclusion

The City of Whittlesea recognises that local communities are strengthened through opportunities for people to connect with others, be involved and have a say. The amended Community Building Policy and Strategy are aligned with Council’s new strategic vision, build on the achievements of the completed action plan and respond to priorities identified by community in recent consultations.

 

RECOMMENDATION

THAT Council resolve to endorse the amended Community Building Policy and Strategy.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.3      Response to Notice of Motion No 876 - Supporting local businesses to reduce single use plastic program  

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Economic Development   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.      Implement a ‘bring your own container’ program to commence in November 2019;

2.      Undertake promotion and community education in the lead up to the introduction of the program;

3.      Provide information about the program for businesses and the community on Council’s website; and

4.      Undertake a review of the program in 12 months.

KEY FACTS AND / OR ISSUES

·    Council considered Notice of Motion No 876 at the Council Meeting held on Tuesday 6 August 2019 and resolved to launch a ‘bring your own container program’ from November 2019 following a feasibility study being undertaken;

·    As of November 2019, the State Government will be introducing a state-wide ban on single use plastic bags;

·    Various initiatives are already in place across the country that highlight businesses that accept reusable items;

·    There is currently no provision under the Victorian Food Act 1984 (Act), the Code or the Primesafe or Dairy Food Safety Victoria Regulations (Regulations) which prohibits stores from accepting reusable customer containers. It is at the discretion of the business owner;

·    A recent survey of Whittlesea food businesses found that 88 per cent of those surveyed would support a ‘bring your own container’ program in principle;

·    The program would be voluntary for businesses;

·    Council’s role would primarily focus on facilitation, promotion and education;

·    Implementation of the program will have negligible financial impact on Council and can be managed within existing budget and resources.

 

Report

Introduction

As of November 2019, the State Government will introduce a state-wide ban on single use plastic bags. In conjunction with the bag ban, Council has the opportunity to proactively work with the business community to develop and introduce a voluntary ‘bring your own container’ program. This report discusses the outcomes of work undertaken by Council officers investigating:

·    Similar initiatives currently in place;

·    Potential risks associated with the introduction of such a program;

·    The level of interest and support from businesses; and

·    Confirmation of Council’s role in developing and implementing a voluntary program.

Background

Council considered Notice of Motion No 876 at the Council Meeting held on Tuesday 6 August 2019 and resolved to:

1.   Undertake a feasibility study for a voluntary ‘bring your own container’ program in consultation with relevant stake holders to ensure its successful implementation and minimise any risk factors;

2.   Subject to the findings of the study, launch the program in November 2019 to coincide with the introduction of the State-wide ban on single use plastic bags, to support Council’s Whittlesea 2040 objective of being leaders in clean, sustainable living.

Proposal

In response to the above Motion and due to time limitations, officers conducted a desktop feasibility study and consultation with local food businesses to determine the viability of implementing of a ‘bring your own container program’ and identify any risk for Council.

Related initiatives

Officer investigations have identified that a number of programs currently exist in this space. The highlighted programs have been developed through partnership and/or support of Council, businesses and community. These programs provide an online platform to be used as an educational and promotional tool for businesses and the community highlighting the benefits of reducing plastic waste whilst promoting sustainable businesses.

Proudly Plastic Free for business, City of Yarra

Proudly Plastic Free is a whole of community plan to reduce the use of single use plastic packaging. Starting with businesses in North Fitzroy Village the program aimed to reduce plastic use by 50 per cent.

Businesses choosing to “Pledge to go Proudly Plastic Free” gain assistance from Council to switch the business’ packaging away from single use to reusable products by encouraging customers to bring their own takeaway containers and coffee cups.

 

Benefits to business include:

·    Free promotion from Yarra City Council – efforts and successes are shared online at Zero Waste Map and across the City of Yarra’s website, social media and newsletters;

·    Decreased packaging costs over time as more customers bring their own containers;

·    Attracting new customers who want to support a business making a difference;

·    Reducing the business’ carbon footprint and contribution to landfill; and

·    Helping to keep local spaces clean from litter.

Trashless Takeaway

Trashless Takeaway is a self-funded online initiative providing information and promotional opportunities for businesses that accept BYO containers for takeaway food. The website (www.trashlesstakeaway.com.au) highlights the benefits for customers and businesses throughout Australia to use their own containers and businesses can register on the website at no cost. Business listings can also be submitted by community members who have spoken to their local cafés and restaurants.

Bring Your Own (BYO) Containers

BYO Containers (www.byocontainers.org) is another online platform which provides support and advice to businesses in Australia looking to reduce their packaging waste. It contains a series of informative handouts relative to the Act, Code and Regulations, safety and marketing collateral which allows businesses to make an informed decision. If a business chooses to pursue the opportunity, it can ‘pledge’ its business to be included in the online directory.

The initiatives outlined above host online platforms and have dedicated marketing collateral promoting businesses to encourage their customers to bring their own cups, containers and the like. Each website provides businesses and consumers with support and advice directed to health and safety, guidelines about how to be involved and benefits to the business, consumer and environment.

Risk assessment

Currently there is no provision under the Victorian Food Act 1984 (Act), the Code or the Primesafe or Dairy Food Safety Victoria Regulations (Regulations) which prohibits stores from accepting reusable customer containers. Market stalls are an exception, as these may be required to package produce, such as meat, before transportation to market.

It is worth noting that;

·    Victoria’s food safety regulations do not prohibit a food business from serving food or drink in a container provided by a customer;

·    If choosing to accept customer’s containers, it is reasonable for a business to assess the cleanliness and condition of the container before putting food in it. Businesses may consider the quality of the container and the likelihood of it tainting or compromising the chemical/ bacterial quality of the food being supplied;

·    If a registered food premises chooses not to accept customers’ containers it is a business decision, not a requirement of legislation;

·    Businesses should not take BYO containers into kitchen areas, food preparation areas or rest them on food contact surfaces. This includes using BYO containers to store and weigh delicatessen products; and

·    Business should consider serving food into the containers at front counters – for example, pre-made food like sandwiches, bread, sushi, cakes, slices, salads, quiche, pies, etc.

Council’s role

The nature of such a program would require Council to play a facilitation, promotion and education role. It is envisaged that this initiative at the Council level would be a partnership project between its Economic Development, Health and Waste teams. With the support of the Communications team, campaign messaging could be designed, marketing collateral and a communications plan developed to support businesses and educate community. This could consist of items including logo, window decals, business information packs all of which would be supported via an online portal or directory.

Businesses could choose to be involved in a voluntary initiative, with the opportunity to be highlighted on Council’s website with supporting information about the program for the community.

Should Council pursue this, or any proposal, it is worth noting that Council has no legislative control, but would use this program as a community leadership opportunity to advocate and educate businesses and the community of the environmental benefits. Furthermore, the initiative would be of no risk to Council, as its role would be focused on facilitation and any interaction would be between the business and its consumer.

Consultation

In the limited time available Council officers were able to consult with 42 food businesses within commercial precincts across the municipality. The table below provides a summary of the business type and location.

Business type

Café/Restaurant

Takeaway

Fresh food

16

9

17

Location

Lalor

Epping

Mill Park

Bundoora

Mernda/Doreen

15

9

8

5

5

Businesses completed a short survey to determine whether they already accepted reusable items, what barriers may be faced and to gauge their level of support for a voluntary ‘bring your own container’ program.

Below is a summary of the key findings:

·    Overall, a majority of businesses already accept reusable items, including cups, containers and bags;

·    88 per cent of those surveyed would support a “bring your own container” program in principle because they felt it would be beneficial for the environment, reduce their waste and request for the use of reusable containers from customers was becoming more frequent;

·    For those that would not support the program, they felt that by accepting containers there would be a risk to food contamination, in particular fresh food businesses, such as butchers, or that approval would be required from head office or centre management;

·    Other barriers to implement a program might include food hygiene and cleanliness of containers or cups, meeting customer expectations as some customers expect a bag upon purchase and language barriers.

Generally, the feedback from businesses was very favourable and they felt the voluntary program would be a good initiative by Council. Language barriers and more community education were important factors to be considered as part of implementation of any program.

It is noted that the consultation undertaken represents a small sample size and as such there are limitations with the data. However, the results demonstrate a high level of support to consider such a proposal from businesses.

To this end whilst this program would be voluntary, the consultation outcomes suggests a high number of businesses would likely take part. Therefore, it is considered there is enough support for Council to commence implementation of this program. Implementing a program would send a positive message to the community that Council and the business community are taking a proactive leadership role on a major environmental issue.

Critical Dates

It is anticipated that the initiative be developed and ready for implementation in November 2019, in line with the State Government’s single use plastic bag ban.

Financial Implications

The development and implementation of the program would be managed within existing budget and resources.

Policy strategy and legislation

The proposed ‘bring your own container program’ aligns with the following strategies / plans;

Victorian State Government plastic bag ban – proposed legislation to amend the Environment Protection Act 1970 to prohibit the provision of certain plastic bags by retailers;

Whittlesea 2040: Sustainable Environment, key direction 4.3 To be a leader in clean, sustainable living;

Waste Management and Resource Recovery Strategy - Focusing on reducing litter through targeted services and educational programs;

Environmental Sustainability Strategy: Priority area of waste management and resource recovery. Council will aim to reduce the negative impact to waste sent to landfill and increase the proportion of materials reused where a clear benefit to community exists;

Economic Development Strategy: Key direction 1 -  Strive to build a healthy, prosperous and resilient community by supporting business with the right programs and opportunities.

link to strategic risks

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

Educating business and community will be critical for the program’s success and viability.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Leaders in clean, sustainable living

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

Council Priority                             Environmental Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

As of November 2019, the State Government will introduce a state-wide ban on single use plastic bags. In conjunction with the bag ban, Council has the opportunity to proactively work with the business community to develop and introduce a voluntary ‘bring your own container’ program.

Council officers consulted a number of food businesses across the municipality. Feedback from the businesses was favourable and felt the voluntary program would be a good initiative from Council, noting that community education would need to be an important consideration in the implementation of the program. Based on the outcome of the consultation, it is considered that Council should implement a ‘bring your own container’ program.

Whilst a voluntary program, Council’s role would be focused on facilitation, promotion and education. It is considered that the partnership between Council and businesses would demonstrate positive community leadership on an important environmental issue.

 

 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Implement a ‘bring your own container’ program to commence in November 2019;

2.       Undertake promotion and community education in the lead up to the introduction of the program;

3.       Provide information about to the program for businesses and the community on Council’s website; and

4.       Undertake a review of the program in 12 months.

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendation.

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.4      Street Activities Policy

Attachments:                        1        Draft Street Activities Policy 2019   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Local Laws Administration   

 

RECOMMENDATION SUMMARY

1.    Street activity can be a valuable use of public space and can add vibrancy to shopping strips. It supports the local economy and provides businesses an opportunity to expand their available space. It also assists community groups and charitable agencies to engage with the local community.

2.    The proposed Street Activities Policy acknowledges that the primary role of the footpath is for safe pedestrian thoroughfare and the importance of clear and unimpeded access for pedestrians of all abilities.

3.    The proposed policy establishes the factors that Council will consider when determining whether to issue a permit to ensure the interests of the whole area are taken into account and Council’s statutory obligations are met.

4.    This policy does not include events such as festivals, markets or fairs. Council’s Events Policy will apply in these circumstances.

It is recommended that Council endorse the proposed Street Activities Policy for public consultation.

KEY FACTS AND / OR ISSUES

·    Council has several policies relating to street activities, many of which have not been reviewed since 1998. The proposed policy combines these policies to make it easier for customers to access information and proposes updates to be more relevant to the present day.

·    The proposed policy seeks to improve clarity on permit holders’ responsibilities, Council’s processes for determining permit applications for street activities and the actions Council will take in instances of non-compliance with the policy.

·    Council has historically applied a single fee approach to all activities. The policy proposes a different fee structure to reflect fairer and more equitable fees depending on the level of activity occurring. Fees will be determined as part of the annual Council budget process.

·    The proposed policy attempts to avoid and limits the risk to permit holders and Council of exposure to litigation from slips, trips, falls or property damage.

 

Report

Background

There are numerous policies related to street activities, many of which have not been reviewed since 1998. The proposed policy seeks to consolidate these existing policies into a single policy for simplicity.

The proposed policy is used to manage the use of public footpaths and Council land within the City of Whittlesea for commercial and fundraising purposes by any individual, business or organisation.

The proposed policy acknowledges the primary role of the footpath as a pedestrian thoroughfare and the importance of clear and unimpeded access for pedestrians of all abilities to ensure a safe and enjoyable experience on our streets and in commercial precincts.

Council has the following objectives when considering street activity applications:

a)   Public safety: footpaths and streets are safe and have an unobstructed passage for all pedestrians and safe and unobstructed vision for road users

b)   Accessibility: footpaths provide clear and unobstructed passage for pedestrians of all abilities

c)   Economic benefit: assist in developing thriving and prosperous business and shopping areas

d)   Amenity: any activity will fit with the overall street character maintaining an attractive and clean visual amenity

e)   Interaction: activity supports interaction, street trading and alfresco dining as enjoyable activities

f)    Public Health: enhance the outdoor environment by providing shelter from the sun and limiting the impact of tobacco smoke.

These objectives will be achieved by:

a)  A formal permit application process so Council can consider what the activity offers the       area and whether it supports local business and community groups

b)  Permits must be issued prior to any activity occurring

c)  A clear set of permit conditions highlighting the responsibilities of the permit holder

d)  Council will monitor compliance with this policy and the conditions of relevant permits

e)  A breach or non-compliance with the permit or failing to obtain a permit will        

  result in enforcement measures being taken

Proposal

To undertake public consultation about the Street Activities Policy, which incorporates the following policies:

·    Footpath Trading (2007)

·    Appeals on Streets – Footpaths (1998)

·    Conduct of Street Stalls (1998)

·    Door Knock Appeals (1998)

·    Highway Collections (1998)

·    Outdoor Raffles in Public Places (1998)

Most requirements of the current policies have been retained. A summary of the key changes is shown in the table below:

 

CURRENT

PROPOSED

Footpath Trading Permits

One permit type for all purposes

New permits that reflect the proposed activity, for example:

·    A Frames / tear drop signs

·    Goods on display

·    Outdoor dining

·    Street performance

·    Real estate pointer boards

Charitable collections, raffles, pledges

Unlimited collections per year

Permit is free

Restricted to 4 collections per charity per year to increase fairness

No collections during December

Professional companies collecting on behalf of charities to be charged a fee

Fees

A single fee applied across all permit types

Fee structure that is variable and  more appropriate to the proposed use.

Public Liability

$10M insurance

Council insurers have requested that permit holders have a minimum of $20M. Many businesses already have this level of insurance

Application process

Paper based applications

Web based applications

Enforcement

General statement on what enforcement may entail

Focus on education and engagement of permit holders before enforcement.

Clearer process if enforcement is undertaken and rights to appeal

Consultation

The draft consultation and engagement plan is attached and includes:

·    Letter + copy of policy sent to all existing permit holders

·    Direct consultation with Traders Associations (Bundoora, Lalor, Thomastown) and promotion via their newsletter

·    Consultation with Mernda / Doreen Traders

·    Pop up stalls in five key shopping areas to survey the community on their experience with footpath activated areas

·    General community consultation at October Farmers Market

·    Promotion of the consultation through Council website and social media

·    Review of recent survey feedback on trader’s experiences in dealing with Council

Feedback received will be included as a summary with the final Council report in February 2020. It will identify where changes, if any, have been made to the policy as a result of the feedback.

 

The Traders Associations will receive formal feedback for distribution to their members.

Critical Dates

It is proposed to conduct community consultation during October and November 2019, with a report returning to Council in early 2020 to consider a finalised policy for adoption. This timeframe allows Council to consider a proposed new fee structure as part of the 2020/21 annual budget.

Financial Implications

In 2018/19 Council received $27,750 in footpath trading permit fees (including A-frames) or fundraising activities.

Benchmarking across the local government sector has shown that Council’s current fees and charges for street related activities are low in comparison and in some instances, Council does not charge a fee at all.

The current permit fee for footpath trading is a single fee regardless of the type of requirement and level of equipment or goods placed on the footpath. There is an opportunity to consider either a fee per item or a two-tiered scale to better apportion fees to businesses. In some instances this may lead to a reduction in fees paid whilst other businesses may see a small increase in their permit fee.

The proposed introduction of a permit fee for real estate franchises to place open for inspection/auction pointer boards on the nature strip represents the greatest change to the proposed fee structure.

A clear fee structure will enable applicants to determine if they wish to proceed with using Council land for their activities or to seek other options.

Fees will be adopted by Council each year as part of the annual budget process.

Ongoing officer inspections are conducted within the recurrent budget.

Policy strategy and legislation

The following table summarises the list of legislation, policies and strategies applicable to this policy:

Acts

·    Disability Discrimination Act 1992

·    Planning and Environment Act 1987

·    Local Government Act 1989

·    Road Management Act 2004

·    Liquor Control Reform Act 1998

·    Tobacco Act 1987

·    Food Act (Vic)1984

·    EPA Act 1970

Regulations

·    City of Whittlesea Municipal Law 2014

Standards / Guidance

Materials

·    Whittlesea 2040 – A Place for All

·    Economic Development Strategy – 2017

link to strategic risks

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

Whilst street activity can be a valuable use of public space it must be balanced to ensure that any activity does not obstruct the view or passage of traffic or pedestrians or create hazards from equipment or goods placed on the footpath.

These risks will be mitigated by the need for suitable public liability insurance by the permit holder, clear permit conditions, maintenance inspections by Council staff and regular compliance audits conducted by Authorised Officers.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

The proposed Street Activities Policy aims to clarify permit holders’ responsibilities and streamline several outdated policies.

Community consultation is imperative to ensure that all views are considered and the proposed policy is practical for both traders and the broader community.

 

RECOMMENDATION

THAT Council endorse the proposed Street Activities Policy for public consultation.

 

Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Kozmevski

 

THAT Council resolve to endorse the proposed Street Activities Policy for public consultation with the following amendments:

a)     Traders will not display their goods in such a manner that encourages congestion of, or impinges on, the pedestrian zone; and

 

b)     That the cost of delineation markers be included as part of the permit as an addition to the permit fee.

 

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.5      Planning Scheme Amendment C230 - 25 Vearings Road, Epping, Request for Panel

Attachments:                        1        Subject Site: 25 Vearings Road, Epping   

Responsible Officer:           Manager Strategic Planning & Design

Author:                                  Strategic Planner   

 

RECOMMENDATION SUMMARY

It is recommended that Council:

1.       Request the Minister for Planning appoint an independent Planning Panel pursuant to Section 23 of the Planning and Environment Act 1987, to consider submissions made in relation to proposed Planning Scheme Amendment C230 to the Whittlesea Planning Scheme.

2.       Council refers all submissions to the Panel.

3.       Council adopts as its submission to the panel a position which is generally consistent with the response to submissions in the table forming part of this report.

4.       Advise the proponent, submitters and Planning Panels Victoria of the above.

KEY FACTS AND / OR ISSUES

·    Council resolved at its meeting on 3 July 2018 to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C230 to the Whittlesea Planning Scheme.

·    Planning Scheme Amendment C230 seeks to rezone the 25 Vearings Road, Epping to facilitate the future redevelopment of the site for employment (industrial) purposes.

·    At full development this land holding could accommodate over 3,000 jobs.

·    The Amendment was exhibited from 10 January – 22 February 2019.

·    Eight submissions were received of which two supported / did not object to the Amendment. Six submissions received sought changes or objected to the Amendment.

·    It is recommended that Council request the Minister for Planning appoint an independent Planning Panel to consider all submissions and also authorise officers to continue discussions with submitters regarding submissions, with the intent to try and resolve as many issues in dispute as possible before the panel hearing.

 

Report

Background

Council resolved at its meeting on Tuesday 3 July, 2018 to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C230 to the Whittlesea Planning Scheme.

Amendment C230 applies to land at 25 Vearings Road, Epping as shown on attachment 1.  The Amendment seeks to rezone the developable area of the land to an Industrial 1 Zone (INZ1), apply a Development Plan Overlay Schedule 38 (DPO38) and remove the Environmental Significance Overlay (ESO) whilst retaining the Rural Conservation Zone (RCZ) and Environmental Significance Overlay (ESO) on the land affected by Conservation Area 33. The Amendment seeks to rezone the subject land to facilitate the future redevelopment of the site for employment purposes.

As part of the broader Cooper Street employment area, the Cooper Street West Position Paper identifies further opportunities to increase employment land supply and capitalise on the close proximity of established, new and future strategic infrastructure such as the O’Herns Road and Hume Freeway interchange.  

The Amendment was publicly exhibited between 10 January – 22 February 2019.

The purpose of this report is to consider the outcomes of the public exhibition process and provide for the next steps. The report recommends that Council request the appointment of an independent Planning Panel and that all submissions be referred to the panel. The independent Planning Panel has been tentatively scheduled for November 2019.

PROPOSAL

The proposed Planning Scheme Amendment seeks to amend the planning controls in the Whittlesea Planning Scheme to facilitate the future redevelopment of the site for employment purposes (industrial uses). This includes:

·    Rezone part of the land at 25 Vearings Road, Epping outside of Conservation Area 33 from a Rural Conservation Zone to an Industrial 1 Zone (INZ1)

·    Delete the Environmental Significance Overlay (ESO4) from part of the site

·    Apply a Development Plan Overlay Schedule 38 (DPO38) to the land rezoned INZ1

It is proposed to retain the RCZ and ESO on the land affected by Conservation Area 33. 

SUBMISSIONS

Amendment C230 was placed on public exhibition between 10 January – 22 February 2019 to affected land owners, prescribed Ministers and relevant government authorities. A notice appeared in the Whittlesea Leader on 8 January 2019 and Government Gazette on 10 January 2019. Letters were sent to affected and surrounding owners and occupiers.

Eight submissions were received of which two were from agencies and two from State Government Departments. One submission was received from an adjoining land occupier, one submission from the land owner of 25 Vearings Road and two submissions from the Merri Creek Management Committee and Friends of Merri Creek. A summary of the submissions is included in Table 1.

Table 1: Submission Summary Table

Submitter

 

Agency Submissions

Council officer response

1.   Environmental Protection Authority (EPA)

The EPA requested further consideration of the proposed amendment and changes to the schedules:

a)   Need for consideration of separation distances for all industry with the potential for offsite impacts as well as sensitive uses (residential development) across the Hume Freeway and existing industry.

 

b)   Highlight the potential for contamination from the nearby shooting range.

a)   Whilst the comments are noted, with respect to sensitive uses it is considered that this issue is adequately addressed and no changes to the Amendment are recommended. EPA Publication 1518 outlines the requirement for a separation distance of more than 200 meters between a proposed industrial land use and an existing sensitive land use. The Amendment proposes to rezone land for industrial purposes over 500 metres from the existing residential development to the east, which is well in excess of this guideline.

With respect to the separation distances from the existing industry (extractive industry) please refer to response to DJPR submission below.

 

b)   It is noted that the shooting range is not located within the area proposed to be rezoned. It is situated along the eastern edge of Vearings Road which forms the eastern boundary of the Amendment area. The proponent is undertaking an Environmental Site Assessment. It is understood that it is unlikely that any outcomes of this assessment will prohibit development from occurring but may result in the need for further assessment.

2.   Department of Jobs, Precincts and Regions (DJPR)

The DJPR requested changes to the amendment:

a)   Requested a referral trigger under Section 55 of the Planning and Environment Act 1987 be built into the DPO Schedule to ensure notice of future planning applications in relation to quarry buffers.

 

b)   Further inclusion of clear delineation of the buffer distances from the adjoining extractive industries from the south, including 500 metre sensitive use exclusion buffer and 200 metre building prohibition buffer.

 

 

c)   Further recognition of the impacts of the future rezoning for the ongoing operation of the southern quarry, by including decision guidelines for planning applications in the DPO.

a)   Noting that DJPR is a State Government body, Council officers consider it reasonable to include a referral trigger under Section 55 of the Planning and Environment Act 1987 for notice and review to DJPR. Council officers support the submission that a modification to the Amendment to create the DJPR as a referral authority should be made. This will be recommended to the panel to reflect this. 

 

b)   Council officers support the submission that the Amendment should be modified to more clearly delineate these buffer distances referred to un the submission.

 

     On this basis officers support the identification of the 500-metre sensitive use buffer. However, officers do not support the submission seeking any prohibition of development in the 200-metre buffer. This is considered onerous and will adversely impact the development potential of the land in the buffer.

 

c)   An approach which provides decision guidelines to deal with any specific built form issues is more appropriate than a total prohibition of any development. This aspect of the submission is therefore not supported.

3.   Department of Environment, Land, Water and Planning (DELWP)

DELWP is supportive of the application of the DPO and rezoning of the land subject to the inclusion of the following requirements in the DPO38:

a)   A Land Management Co-operative Agreement to be provided as part of a subdivision permit application.

 

b)   A Construction Management Plan which protects conservation areas and native vegetation during construction to be provided a part of a permit application

 

c)   Environmental Management Plan to be provided as part of a planning permit application on or within 30 metres of land shown as a conservation area in the Biodiversity Conservation Strategy

 

d)   Kangaroo Management Plan to be provided as part of a subdivision application

 

e)   The submission further notes a mapping error as part of the exhibited maps. Exhibited maps do not indicate removal of ESO4 or the application of ESO6 to land zoned RCZ1. The submission requests these maps to be updated.

DELWP has sought numerous changes to the Amendment. Council officers support the changes sought and these will be put to the panel.

The mapping error has been noted and will be relayed to the panel for its report and recommendation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.   Melbourne Water

a)   Melbourne Water did not object to the Amendment and did not request further changes.

Noted

 

 

Other Submitters

5.   Friends of Merri Creek

 

The Friends of Merri Creek requested changes to the Amendment:

a)   Considers the rezoning of the land as premature and should not be undertaken before a Precinct Structure Plan (PSP).

 

b)   The rezoning does not take into account the adjoining Craigieburn Grassland Nature Conservation Reserve or the threatened Grassy Eucalypt Woodland.

 

c)   The rezoning fails to include open space or conservation areas requirements within land proposed to be rezoned to Industrial 1.

a)   The Victoria Planning Authority has previously agreed to Council’s request that the proposed rezoning of the subject site could be treated through a standard amendment process rather than a PSP process given the relatively small size of the Amendment area, the single ownership nature of the land and the existing strategic justification for employment purposes. Therefore, Council officers do not support this aspect of the submission.

 

b)   The Amendment documentation can be modified to include recognition of the adjoining Craigieburn Grassland Nature Conservation Reserve and Conservation Area 33. The amendment documents will need to appropriately reflect this in the decision guidelines or other appropriate parts of the DPO schedule so as to ensure the appropriate buffer distances and associated requirements are implemented. 

 

c)   The State and Federal Government has determined the boundaries of areas that are considered to be of high conservation significance or value. In determining the ultimate layout of the proposed Industrial 1 Zone area the planning provisions provide for the normal assessment and consideration processes for the retention of vegetation, which could potentially be included in further open space.  This approach is reflecting the proposed DPO controls and therefore no modifications are required to address this issue.

6.   Conundrum Holdings PTY LTD

 

Conundrum Holdings PTY LTD requested changes to the Amendment:

a)   Amendment documentation does not establish a clear strategic basis for the proposed rezoning.

 

b)   The amendment poses serious risk to the ongoing operation of Conundrum Holdings in respect to their ability to meet compliance in regard to noise, air quality and vibration standards.

     The Amendment does not appropriately consider quarry blast buffers and the restriction of uses within the extent of these areas

 

c)   The application of the DPO does not provide appropriate or effective mechanisms to achieve certainty for adjoining land owners and occupiers in respect to development outcomes for the subject site, as the DPO exempts third party notice and review as part of any future permit application.

a)   This aspect of the submission is not supported. The site is located within the broader Cooper Street West Employment Area and has strong connections to local and State road infrastructure. It is strategically sound.

 

b)   The comments on the potential impact on quarry buffers and quarry operations are noted. Officers are engaging in discussions with DJPR regarding buffer issues and investigating further statutory mechanisms which could be applied to achieve greater certainty in relation to this issue to provide for the ongoing operation of the quarry and the development of the subject land for employment purposes.   This may require some further modifications to the Amendment documentation. This is in addition to the support for referral triggers for notice and review of applications to DJPR as outlined in officer response to DJPR’s submission

 

c)   The DPO does provide for 3rd party exemptions but this is on the basis that a development plan is approved and in place.  Council consults prior to the approval of a development plan and the approved development plan and the need for permits to be generally in accordance with it is the commonly applied statutory mechanism for dealing with proposals such as this.  No modifications are required.

7.   Merri Creek Management Committee (MCMC)

 

The Merri Creek Management Committee requested changes to the Amendment:

a)   Expresses concerns as to why the Amendment is being undertaken for the area and not a PSP.

 

b)   Questions why the Amendment is being processed while the Cooper Street West Area Position Paper is still in draft stage. MCMC considers there to be significant relationship between the subject land and the Cooper Street West Area.

 

c)   Concerned that the Amendment will prematurely effect planning for the new Upper Merri Park.

 

d)   As stated above, the Victoria Planning Authority has previously agreed to Council’s request that the proposed rezoning of the subject site could be treated through a standard amendment process rather than a PSP process.

 

a)  The Cooper Street West Area Position Paper was adopted by Council on 27 June 2017 and as such is not in draft form. 

 

e)   The Amendment will not impact on the land already identified as a conservation area or proposed for further conservation purposes. Notwithstanding, as per the Friends of Merri Creek submission response above, Council officers are proposing to further strengthen the DPO schedule to reflect appropriate buffer distances and interface treatments to the Conservation Areas. 

8.   Vearings Family (Property Owners)

 

a)   The Vearings Family did not object to the Amendment and did not request further changes.

No further comment required.

DISCUSSION

The exhibition of the Amendment resulted in eight submissions. Two submissions were from agencies and two from State Government Departments.

In accordance with Section 23 of the Planning and Environment Act 1987 Council as the Planning Authority must make one of the following decisions in regard to considering submissions relating to an Amendment:

·    Change the amendment in manner requested (s 23(1)(a)); or

·    Refer submissions to panel (s 23(1)(b)); or

·    Abandon the amendment or part of the amendment (x 23(1)(c)).

Pertinent to this and noting that there are submissions both for and against the Amendment it is not possible to change the amendment in any way to satisfy all of the submissions. Therefore, in accordance with Section 23 of the Planning and Environment Act 1987 it is proposed that all submissions should be referred to Panel. Council will prepare modifications to the text of the Amendment documents and circulate these to all submitters in advance of the panel hearing to clearly identify the modifications that Council will recommend to the panel as part of its submissions. To be clear, no formal changes are being recommended at this stage given the conflicting submissions.  All suggested changes which Council supports will be part of Council’s position advocated to the panel.

Council officers have met with all submitters to better understand the intent of submissions and to gauge how any proposed modifications to the Amendment might address concerns.  Council officers will continue with discussions to identify what concerns can be resolved.

NEXT STEPS

In accordance with the Planning and Environment Act 1987, Council must consider each of the submissions received and form a view on each submission. The consideration of each submission is set out in the table earlier in this report. Given the variety of views which are inconsistent with each other, the only practical (and lawful) way forward for Council is to either abandon the Amendment, or refer all of the submissions to an independent Planning Panel.

In this instance it is recommended that Council resolve to request the Minister for Planning to appoint an independent Planning Panel and refer all of the submissions to the Panel for its consideration. The role of a Planning Panel is to provide an independent forum for all submitters who wish to be heard, to be heard in an informal, non-judicial manner.

The cost of conducting the Panel Hearing will be borne by the proponent. In accordance with the Planning and Environment Act 1987, the proponent is also required to pay Council a fee to assist with the resources required to consider submissions.

 

Council officers will prepare a modified set of planning provisions forming part of the Amendment which generally reflects the response to submissions and present these to the panel as part of Council’s submission. The Panel will be invited to consider recommending these changes be made.

Council officers will also continue to work with the submitters and the proponent to consider if any other matters ca be resolved. To this end, it is recommended that Council authorise officers to continue discussions generally in line with the positions outlined in the officer response within the table contained in the Submissions section of this report.

Tentative dates for Panel Hearing were pre-set for November 2019. Following the hearing the Planning Panel will prepare a report with recommendations for the Planning Authority (Council) to consider.

CRITICAL DATES

Date

Key Milestone

July 2018

Council resolve to commence planning scheme amendment.

October 2018

Authorisation granted by Minister for Planning

January 2019

Exhibition of Amendment C230

March – September 2019

Consideration of Submissions

November 2019

Direction Hearing 

December 2019

Planning Panel

Policy strategy and legislation

Ministerial Directions

The Amendment has been prepared considering the following ministerial directions:

·    Ministerial Direction No. 9 Metropolitan Planning Strategy

·    Ministerial Direction No. 11 Strategic Assessments of Amendments

·    Ministerial Direction No.15 The Planning Scheme Amendment Process

·    Ministerial Direction No.19 Information Requirements for Amendments That May Result in Impacts on the Environment, Amenity and Human Health.

The completion of the Environmental Site Assessment prior to the finalisation of the Amendment satisfies Ministerial Direction No. 1.

Planning Practice Notes

The Amendment documents have been prepared considering the following practice notes:

·    PPN02: Public Land Zones

·    PPN10: Writing Schedules

·    PPN23: Applying the Incorporated Plan and Development Plan Overlays

·    PPN30: Potentially Contaminated Land

·    PPN46: Strategic Assessment Guidelines

·    PPN89: Extractive Industry and Resources

State Planning Policy Framework (SPPF)

The Amendment will implement the SPPF, particularly the following:

·    Facilitate investment in Melbourne’s outer areas to increase local access to employment

·    Protect and strengthen existing and planned employment areas and plan for new employment areas

·    Ensure availability of land for industry.

·    Assist in the identification, protection and management of important areas of biodiversity

·    Consider the risk of bushfire to people, property and community infrastructure.

·    To ensure the design of subdivisions achieves attractive, safe, accessible, diverse and sustainable neighbourhoods.

Local Planning Policies and Strategies

The proposed Amendment considers and implements Councils local policies and strategies including:

·    Whittlesea 2040 – A place for all (2018)

·    Whittlesea Municipal Strategic Statement (MSS)

·    City of Whittlesea Economic Development Strategy (2017)

·    Cooper Street West Position Paper (2017)

The Amendment also accords with State Government Policy as outlined in the Melbourne North Growth Corridor Plan (Victorian Government, 2012) and Plan Melbourne 2017 – 2050, the updated metropolitan planning strategy.

link to strategic risks

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

The subject land contains a number of environmental characteristics including significant conservation areas and potentially contaminated land. The completion of an Environmental Site Assessment was the initial step in the process to satisfactorily address the potential for contamination. The Environmental Site Assessment identified the site as having a “medium potential for contamination”. Council officers will seek further assessment in order to further understand the type and level of contamination affecting the subject site.

 

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

The Cost of conducting the Panel Hearing will be borne by the proponent. In accordance with the Planning and Environment Act 1987, the proponent is also required to pay Council a fee to assist with the resources required to consider submissions.

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

 

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C230 to the Whittlesea Planning Scheme has been prepared and exhibited in accordance with Council’s resolution from 3 July 2018. The Amendment seeks to rezone the subject land to facilitate the future development of the site for employment purposes (industrial uses).

Amendment C230 was publicly exhibited from 10 January - 22 February 2019. A total of eight submissions were received to the Amendment. Council officers have held discussions with submitters and have considered all submissions.  The concerns of some submitters can be resolved with some recommended changes; others cannot.

Therefore, it is recommended that Council request that the Minister for Planning pursuant to Section 23 of the Planning and Environment Act 1987, appoint an independent Planning Panel and that all submissions received in relation to the proposed Amendment be referred to the panel for its consideration.

It is anticipated that the Planning Panel will be conducted in November 2019 with the proponent covering costs.

Council officers will continue to work with the submitters and proponent to try and resolve as many issues as possible.

 

 

 

 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Request the Minister for Planning appoint an independent Planning Panel pursuant to Section 23 of the Planning and Environment Act 1987, to consider submissions made in relation to proposed Planning Scheme Amendment C230 to the Whittlesea Planning Scheme.

2.       Council refers all submissions to the Panel.

3.       Council adopts as its submission to the Panel a position which is generally consistent with the response to submissions in the table forming part of this report.

4.      Advise the proponent, all submitters and Planning Panels Victoria of the above.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                                           Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.6      ASSEMBLIES OF COUNCIL - 1 OCTOBER 2019  

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Governance Officer   

 

recommendation summary

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

key facts and/or issues

To report to Council the records of Assemblies of Councillors in accordance with Section 80A(2) of the Local Government Act.


 

Report

Background

The Local Government Act 1989 requires records of Assemblies of Councillors to be reported to an ordinary Council meeting and recorded in the minutes of that meeting.

A meeting is an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision or the exercise of a Council delegation and the meeting is:

·    A planned or scheduled meeting that includes at least half the Councillors and a member of Council staff; or

·    An advisory committee of Council where one or more Councillors are present.

A record must be kept of an assembly of Councillors which lists the Councillors and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

Proposal

Assemblies of Councillors records not previously reported to Council are detailed in the following table:-

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

Councillor Briefing

13 August 2019

Cr Cox

(Mayor)

Cr Alessi

Cr Kozmevski

Cr Pavlidis

CEO

DCS

DCRS

DCTP

DPPE

MCSA

POSPO

TLPRD

MMP

TLOCSA

MPUD

 

1.     Domestic Animal Welfare Support Policy

2.     Redleap Recreation Reserve Master Plan

3.     Mill Park Leisure Centre Redevelopment Update

4.     General Business

a.     Questions regarding golf course

b.     Cross-cultural projects

c.     Thanks to Nick for contribution to City of Whittlesea

5.     CEO/Councillor Time

Nil disclosures

Councillor Briefing

20 August 2019

Cr Cox

(Mayor)

Cr Joseph (Deputy Mayor)

Cr Alessi

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

CEO

ADCS

DCRS

DCTP

DPPE

MCBP

TLSPP

SPPO

 

1.     Amended Community Building Policy & Strategy

Nil disclosures

 

Arts Cultural & Sporting Grants Program for Young People

22 August 2019

 

Cr Cox

(Mayor)

Cr Pavlidis

TLCI

CDGO

1.     Zaynab Martin – Sporting Grant – Interstate – Successful

Nil disclosures

 


 

 

Whittlesea Reconciliation Group Meeting

22 August 2019

Cr Sterjova

TLACD

APO

1.     Acceptance of 23 May Minutes

2.     Membership

3.     WRG Co-Chair

4.     Aboriginal Protocols

5.     Aboriginal Liaison Officer Report

6.     Annual Program/Budget

7.     Change the Date

8.     Aboriginal Gathering Place

9.     South Morang Sculpture Project

10.   City of Whittlesea Community Water Panel

Nil disclosures

Councillor Briefing

27 August 2019

 

Cr Joseph (Deputy Mayor)

Cr Alessi

Cr Kirkham

Cr Kozmevski

Cr Pavlidis

Cr Sterjova

ACEO

DCS

ADCRS

DCTP

DPPE

ULIP

MFCYP

TLEY

IPPO

MCSA

TLLLA

1.     Major Road Projects in the North

2.     Three-Year-Old-Kindergarten Reform Update

3.     Street Activities Policy

4.     General Business

a.     SKM/Recycling Update

b.     Traffic Issue – 4E Model

c.     111 Meridian Drive, South Morang

Nil disclosures

Masons Road Advisory Committee

29 August 2019

 

Cr Cox

(Mayor)

Cr Joseph (Deputy Mayor)

Cr Kirkham

Cr Sterjova

ACEO

DCTP

MCDT

PM

TLG

GO

1.     Masons Road Advisory Committee Meeting

Nil disclosures

 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ACEO

Acting Chief Executive Officer – Helen Sui

MFCYP

Manager Family, Children & Young People – Wendy Castles

ADCS

Acting Director Community Services – Ben Waterhouse

MMP

Manager Major Projects – Nick Mazzarella

ADCRS

Acting Director Corporate Services – Nick Mazzarella

MPUD

Manager Parks & Urban Design – Susan Hecker

APO

Aboriginal Partnership Officer – Barry Firebrace

PM

Project Manager – Paul Diffey

CDGP

Community Development Grants Officer – Krystle Kalomakaefu

POSPO

Parks & Open Space Projects Officer – Alex Desmond

CEO

Chief Executive Officer – Simon Overland

SPPO

Social Policy & Projects Officer – Karen Greer

DCS

Director Community Services – Russell Hopkins

TLACD

Team Leader Aboriginal & Cultural Diversity – Nick Butera

DCRS

Director Corporate Services – Helen Sui

TLCI

Team Leader Community Inclusion – Kelisha Nikitas

DCTP

Director City Transport and Presentation– Nick Mann

TLEY

Team Leader Early Years – Bridgid Keele

DPPE

Director Partnerships, Planning and Engagement – Liana Thompson

TLG

Team Leader Governance – Angelo Mamatis

GO

Governance Officers – Amanda Marijanovic & Felicity Maddern

TLLLA

Team Leader Local Laws Administration – Steve Burgess

IPPO

Infrastructure Planning & Project Officer – Nadine Klobucar

TLOCSA

Team Leader Operations City Safety & Amenity – Michael Papathanasiou

MCBP

Manager Community Building & Planning – Belgin Besim

TLPRD

Team Leader Public Realm Development – Adrian Napoleone

MCDT

Manager City Design & Transport – Ben Harries

TLSPP

Team Leader Social Policy & Planning – Carmen Faelis

MCSA

Manager City Safety & Amenity – Debbie Blandford

ULIP

Unit Leader Infrastructure Projects – Louie D’Amore

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

link to strategic risks

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

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council monitors and evaluates all of its operations

Council Priority                             Organisational Sustainability

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

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

 

Recommendation

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

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.7      Epping Community Services Hub Annual Report

Attachments:                        1        ECSH Report _ Brotherhood of St Laurence

2        Partner Organisation List July 2019   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Team Leader Social Policy & Planning   

 

RECOMMENDATION SUMMARY

That Council note the attached Brotherhood of St Laurence (BSL) Epping Community Services Hub Annual Progress Report 2018 - 2019.

KEY FACTS AND / OR ISSUES

·    Council established the Epping Community Services Hub (ECSH) at 713 High Street, Epping to facilitate the attraction and expansion of much needed services to the municipality.

·    The Brotherhood of St Laurence (BSL) provides the strategic leadership and operational management of the Hub in line with a 5 - year lease with Council. The Brotherhood of St Laurence (BSL) sub-leases to appropriate community service providers (subject to Council approval).

·    The Hub has successfully attracted a range of new community services providers to the municipality and increased access for the local community.

·    Since commencing operation in 2016, the ECSH is almost at capacity with 28 service providers located at the ECSH providing programs and services including drug and alcohol supports, multicultural services, youth services, mental health supports, employment services and disability services.

·    Over the past 18 months ECSH has experienced steady growth in participant visits, new enquiries, occupancy and programs on offer.

·    Thousands of residents have accessed the services and programs provided by ECSH, with over 900 participants/clients assisted in July 2019 alone.

·    The State Government considers the ECSH to be a model of best practice in the areas of collaboration, governance and service delivery.

 

Report

Background

In September 2014, Council undertook an Expression of Interest (EOI) process for the Council owned property at 713 High Street, Epping (the site). The aim was to establish a Community Services Hub that would facilitate the expansion of much needed service provision to the municipality and attract best practice collaborative governance and service models.

Council sought interest from agencies to, firstly take on the role of lead agency and lead tenant, to manage the facility and to facilitate a collaborative environment, and secondly, to partner with other agencies that would like to be accommodated within the building as sub tenants. On 24 February 2015, Council resolved to endorse BSL as the lead agency and lead tenant and lease the site to BSL for a five -year period: “... BSL will take on the lease for the facility for a five- year period and with the consent of Council, will sub lease to appropriate services providers”.

BSL provided a progress report for 2016/17-2017/18 to Council Briefing on the 31 July 2018. Over the past three and half years Council has considered and approved sublease requests from a broad range of human service providers wishing to join the ECSH. Services are attracted to the collaborative environment at the ECSH and a location that enables them to effectively service the growing communities in our municipality.

There has been considerable interest from other local governments, growth and Interface Councils, in how local government can effectively facilitate the expansion of needed services to their municipalities and create collaborative partnerships across service systems.  The State Government has recognised the ECSH as a best practice model and will consider using this model in similar settings in the future.

Proposal

In line with the lease and Memorandum of Understanding, BSL has provided Council with the Annual Progress Report for ECSH (Attachment 1). In the past 18 months ECSH has experienced continued growth and delivered much needed services to the community. BSL has identified key improvements to support continuity, increase efficiencies and enhance collaboration.

ECSH has experienced continued growth and increased community reach.

The facility has a capacity of 110 desks and has now reached target occupancy of 95% (104.5 desks). The ECSH opened in June 2016 with 7 partner organisations/sub tenants and now has 28 services (Attachment 2). Accompanying the steady growth in partner organisations, over the past 18 months ECSH has continued to grow;

·    monthly participant visits increased from nearly 400 in January 2018 to just over 900 for July 2019

·    new enquiries from approximately 50 in January 2018 to nearly 120 in the month of April 2019

·    programs from 35 in January 2018 to 45 in July 2019

·    partner organisations from 20 in January 2018 to 28 in July 2019.

 

 

 

Collaboration and community outcomes

The attached BSL report provides examples of the collaboration between partners at the ECSH and demonstrated benefits for participants. The partner organisations have expressed and demonstrated a genuine commitment to collaborate for improved community and client outcomes. This includes soft referrals and holding clients for smoother transition, and seamless experience across different services within the Hub. All partner organisations also collaborate in the leadership of the ECSH through participation in the Leadership and Strategy Group and working groups.   

Lessons learnt and continuous improvement.

ECSH partners, with leadership from BSL have managed the impacts of demand on consulting rooms exceeding capacity, staff changes within Hub partners and BSL and Hub administration.

BSL identify the focus for the next 12 months to include working with Council and partners to:

·    implement and evaluate improvements from lessons learnt

·    investigate options to consulting rooms to meet increase demand and

·    develop clear performance and outcome measures.

Consultation

The attached BSL report is informed by consultations BSL held, as lead agency, with partner organisations and the ECSH Leadership and Strategy Group.

Financial Implications

There are no financial implications for Council in this report.

The current model at the Epping Community Services Hub, endorsed by Council on 24 February 2015, involves a lead agency (BSL) leasing the building from Council and then developing sub-leases with individual agencies (subject to Council approval).

Policy strategy and legislation

·    Whittlesea 2040 A place for all

·    Epping Central Structure Plan (2011)

·    Human Services Needs Analysis (2014 and 2017)

·    South Morang Civic Precinct Community Infrastructure Analysis (2013)

 

 

 

 

 

 

link to strategic risks

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

ESCH responds to gaps in service provision and infrastructure and is consistent with Council priorities and plans. The Epping Central Structure Plan (2011), the South Morang Civic Precinct Community Infrastructure Analysis (2013), the Human Services Needs Analysis (2014 and 2017) and the Council Plan identify substantial demand for additional infrastructure and community services in the municipality, particularly those targeting the needs of young people, families, new migrants, CALD communities, seniors and people with disabilities. The ESCH provides an opportunity to meet the current needs of the community and respond to the evidence of significant population growth.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        Health and human services are accessible and responsive to the needs and aspirations of all people

Council Priority                             Health and Wellbeing

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 Epping Community Services Hub (ECSH) has been operational for three years. The Brotherhood of St Laurence has provided the strategic leadership and operational management of the Hub. This is the second report to Council, covering 2018-19. The report highlights that the ECSH has continued to facilitate the steady growth and enhancement of human services in the municipality.

RECOMMENDATION

THAT Council note the attached Brotherhood of St Laurence (BSL) Epping Community Services Hub Annual Progress Report. 2018 – 2019.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                             Tuesday 1 October 2019

 

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Ordinary Council Minutes                                                                                 Tuesday 1 October 2019

UNCONFIRMED

6.1.8      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.

 

MOTION

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT Council resolve to:

Approve Planning Application No. 714406-03 and issue an Amended Planning Permit for, construction of a warehouse, office, covered vehicle storage area and a permanent crane, the display of business identification signage, waiver of loading and unloading of vehicles provision and alteration of access to a road in a Road Zone Category 1, at 258 Mahoney’s Road, Thomastown, including the following changes:

 

·           Amend the permit preamble to include the construction of a permanent crane

·           Include the following new conditions 7, 8, 9, 50, 51 and 52 (and renumber conditions as relevant):

 

7.      No signage can be displayed on the permanent crane.

8.      When the permanent crane is not loading and unloading goods it must be lowered with no part of the structure to sit higher than 26 metres as shown on Plan Reference TP05 – Elevations prepared by MJL Design & Drafting and dated 7 March 2019.

9.      The Crane and supporting base are to be painted in muted paint tones to the satisfaction of the Responsible Authority.

 

AusNet Transmission Group Conditions (Nos. 50-52)

 

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

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

 

52.          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.

Such that the conditions of Planning Permit (Amended) 714406 read in full:

1.   Prior to the endorsement of the plans, 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.

2.       Within two months from the date of issue of this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $5000.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

(a)     Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund up to 50% of the security deposit to the payee;

(b)     Subject to satisfactory maintenance of the landscaping works for a period of two years after the completion of such works, the Responsible Authority will refund to the payee the balance of the security deposit; and

(c)     In the event that the landscaping works are not completed or maintained to the satisfaction of the Responsible Authority, the Responsible Authority may complete and/or maintain the landscaping work and deduct the cost thereof (including supervision) from any security deposit lodged pursuant to this permit.

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

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

5.       Before the use of the development allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

6.       Cranes must only operate within the confines of the site at all times.

7.       No signage can be displayed on the permanent crane.

8.       When the permanent crane is not loading and unloading goods it must be lowered with no part of the structure to sit higher than 26 metres as shown on Plan Reference TP05 – Elevations prepared by MJL Design & Drafting and dated 7 March 2019.

9.       The Crane and supporting base are to be painted in muted paint tones to the satisfaction of the Responsible Authority.

10.     Before the use of the development starts, the car parking areas and access ways must be drained, and fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

11.     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 nature-strip 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.     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, 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.

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

15.     Prior to using or occupying any building on the site, 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.

16.     Before the use of the development commences, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

17.     The permit holder shall 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.

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

19.     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.

20.     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.

 

 

 

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

Signage Conditions (Nos. 22-27)

22.     The location and details of the signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

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

24.     Signs must not contain any flashing light.

25.     Signs must not be illuminated in any way except with the written consent of the Responsible Authority.

26.     All signs must be constructed and thereafter maintained to the satisfaction of the Responsible Authority.

27.     The signage component of this permit expires ten years from the date of issue.  At the expiry of this permit, any sign authorised by this permit must be removed from the land.

VicRoads Conditions (Nos. 28-33)

28.     All disused or redundant vehicle crossings must be removed and the area reinstated to footpath and nature strip with appropriate kerb and channel, to the satisfaction of and at no cost to both VicRoads and the Responsible Authority, prior to the use and the development.

29.     The crossovers should be constructed (to a minimum width of 6.5m at the property line, flared 60 degrees to the property line, with 3.0m radial turnouts at the kerb with 1.0m clearance from any fixed object such as poles, trees pits and etc.) at no cost to VicRoads and to the satisfaction of the Responsible Authority prior to the use of the development.

30.     Any crossover that is to be used for access by heavy vehicles must be of a construction standard of an Industrial Vehicular Crossing as per Whittlesea City Council specifications.

31.     The crossovers must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a forward direction or compromise operational efficiency of the road or public safety (e.g. By spilling gravel or dirt onto the roadway).

32.     Prior to the commencement of the use hereby approved, the crossover and driveway are to be constructed at no cost to VicRoads and to the satisfaction of the Responsible Authority.

33.     Any business identification signs must not be animated, flashing, reflective or internally illuminated.

 

 

 

 

Melbourne Water Conditions (Nos. 34-46)

34.     No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses.

35.     The warehouse and office must be constructed with finished floor levels set no lower than 88.48 metres to Australian Height Datum.

36.     The car park must be constructed with finished surface levels set no lower than 87.47 metres to Australian Height Datum.

37.     The land within 10 metres of the top of bank of Central Creek must be regraded and reinstated to be consistent with the 2009 Lidar surface levels, to the satisfaction of Melbourne Water.

38.     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.

39.     Deleted.

40.     The layout of the site and size, design and location of buildings must include a 12 metre setback from the top of bank of Central Creek to allow for the passage of floodwaters.

41.     Deleted.

42.     Prior to the commencement of works, a Site Environment Management Plan (SEMP) is to be submitted to Melbourne Water for approval. The SEMP must detail sediment and pollution controls that will be implemented during the construction phase of the project. The SEMP must include the following:

-        The erection of silt fencing along the top of bank to prevent erosion and soil runoff into Central Creek during works

-        Appropriate spoil stockpiling trenching locations and machinery locations to ensure that the waterway is protected at all times.

43.     Prior to the commencement of works, a separate application direct to Melbourne Water must be made for approval of any new or modified storm water connection to Melbourne Water’s drains or watercourses.

44.     Any proposed works must not impact upon bank stability. Any area disturbed during the works will be required to be reinstated to Melbourne Water’s satisfaction by the proponent and at their cost.

45.     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.

 

 

 

 

46.     Prior to the endorsement of landscape plans, amended landscape plans must be submitted to Melbourne Water for review and approval. The landscape works must be carried out in accordance with the endorsed landscape plans and must be completed no later than six months after the endorsement of the landscape plans. The landscape plans must include a planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross-section form in colour). Where new plantings are to be installed on the site, wherever possible local indigenous plants are to be used. The landscape plans must detail the following:

a.       Details of surface finishes located on recreational pathways, maintenance access or any other pathways near the waterway;

b.      Details of the species included in the plantings to be retained along the banks of Central Creek;

c.       A planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross section form in colour);

d.      Landscape treatment with specification of products being used for work such as mulching, erosion control matting and path surfaces.

Melbourne Airport Conditions (Nos. 47-49)

47.     Cranes are not to protrude beyond 228m AHD into Melbourne Airport Prescribed Airspace. If at any times cranes will protrude beyond 228m AHD approval of the cranes to extend into the airspace is required from the Aerodome Operator (Melbourne Airport) in accordance with the Airports (Protection of Airspace) Regulations 1996. It is an offence for a controlled activity to be carried out without approval.

48.     Any structure or building activity (including construction cranes) on the subject land, either permanent or temporary, must not penetrate “prescribed airspace” surfaces without the approval of Melbourne Airport in accordance with the Airports (Protection of Airspace) Regulations 1996.

49.     Safety airport operations require the minimisation of the risk of glare experienced by pilots. Accordingly, all roofed areas of the proposed buildings must be coloured in non-reflective muted tones or constructed of suitable materials that absorb light rather than creating unnecessary glare.

AusNet Transmission Group Conditions (Nos. 50-52)

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

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

52.     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.

 

 

Time limits

53.     This permit will expire if:

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

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

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

 

NOTES:

Advanced Trees

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

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

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

Building Over Easements

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

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

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

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

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

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

Melbourne Water

The flood line for the property grades from 87.88 metres to Australian Height Datum (AHD) at the north western boundary down to 87.62 metres to AHD at the south eastern boundary.

If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 189606.

VicRoads

The proposed development requires roadworks within the declared road and the road reserve. A separate approval for this activity is required to be obtained from VicRoads under the Road Management Act. Please contact VicRoads prior to commencing any works.

 

 

This Permit has been amended as follows:

 

Date of Amendment

Description of Amendment

5 October 2017

Additional VicRoads Conditions should now read as:

VicRoads Condition (Nos. 25-30)

 

29.     Prior to the commencement of the use hereby approved, the crossover and driveway are to be constructed at no cost to VicRoads and to the satisfaction of the Responsible Authority.

30.    Any business identification signs must not be animated,

         flashing, reflective or internally illuminated.

Additional Melbourne Water Conditions should now read as:

Melbourne Water Condition (Nos. 31 to 43)

 

42.          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.

43.           Prior to the endorsement of landscape plans, amended landscape plans must be submitted to Melbourne Water for review and approval. The landscape works must be carried out in accordance with the endorsed landscape plans and must be completed no later than six months after the endorsement of the landscape plans. The landscape plans must include a planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross-section form in colour). Where new plantings are to be installed on the site, wherever possible local indigenous plants are to be used. The landscape plans must detail the following:

 

a.    Details of surface finishes located on recreational pathways, maintenance access or any other pathways near the waterway;

b.    Details of the species included in the plantings to be retained along the banks of Central Creek;

 

c.    A planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross section form in colour);

d.    Landscape treatment with specification of products being used for work such as mulching, erosion control matting and path surfaces.

Deletion of Melbourne Water condition 36

Deletion of Melbourne Water condition 38

 

 

Inclusion of  VicRoads Note to read as:  

VicRoads

 

The proposed development requires roadworks within the declared road and the road reserve. A separate approval for this activity is required to be obtained from VicRoads under the Road Management Act. Please contact VicRoads prior to commencing any works.

 

DATE

·           Amend the permit preamble to include the construction of a permanent crane

·           Include the following new conditions 7, 8, 9, 50, 51 and 52 (and renumber conditions as relevant):

7.     No signage can be displayed on the permanent crane.

8.     When the permanent crane is not loading and unloading goods it must be lowered with no part of the structure to   sit higher than 26 metres as shown on Plan Reference TP05 – Elevations prepared by MJL Design & Drafting and dated 7 March 2019.

9.     The Crane and supporting base are to be painted in muted paint tones to the satisfaction of the Responsible Authority.                             

AusNet Transmission Group Conditions (Nos. 49-51)

 

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

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

52.     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.

                                                                

MEETING ADJOURNMENT

 

The Mayor adjourned the meeting at 7:12PM.

 

MEETING RESUMPTION

 

The meeting resumed at 7:17PM.

 

 

 

 

 

COUNCIL RESOLUTION

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT Council resolve to:

Approve Planning Application No. 714406-03 and issue an Amended Planning Permit for, construction of a warehouse, office, covered vehicle storage area and a permanent crane, the display of business identification signage, waiver of loading and unloading of vehicles provision and alteration of access to a road in a Road Zone Category 1, at 258 Mahoney’s Road, Thomastown, including the following changes:

 

·           Amend the permit preamble to include the construction of a permanent crane

·           Include the following new conditions 7, 8, 9, 50, 51 and 52 (and renumber conditions as relevant):

 

7.      No signage can be displayed on the permanent crane.

8.      When the permanent crane is not loading and unloading goods it must be lowered with no part of the structure to sit higher than 26 metres as shown on Plan Reference TP05 – Elevations prepared by MJL Design & Drafting and dated 7 March 2019.

9.      The Crane and supporting base are to be painted in muted paint tones to the satisfaction of the Responsible Authority.

 

AusNet Transmission Group Conditions (Nos. 50-52)

 

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

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

52.          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.

Such that the conditions of Planning Permit (Amended) 714406 read in full:

1.   Prior to the endorsement of the plans, 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.

2.       Within two months from the date of issue of this permit, or at such later date as the Responsible Authority may approve in writing, there shall be lodged with the Responsible Authority an amount of $5000.00 as security deposit for the satisfactory completion and maintenance of the landscaping works hereby permitted.

(a)     Upon completion of the landscaping works to the satisfaction of the Responsible Authority, the Responsible Authority will refund up to 50% of the security deposit to the payee;

 

 

(b)     Subject to satisfactory maintenance of the landscaping works for a period of two years after the completion of such works, the Responsible Authority will refund to the payee the balance of the security deposit; and

(c)     In the event that the landscaping works are not completed or maintained to the satisfaction of the Responsible Authority, the Responsible Authority may complete and/or maintain the landscaping work and deduct the cost thereof (including supervision) from any security deposit lodged pursuant to this permit.

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

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

5.       Before the use of the development allowed by this permit starts, landscaping works shown on the endorsed plan must be completed and then maintained to the satisfaction of the Responsible Authority.

6.       Cranes must only operate within the confines of the site at all times.

7.       No signage can be displayed on the permanent crane.

8.       When the permanent crane is not loading and unloading goods it must be lowered with no part of the structure to sit higher than 26 metres as shown on Plan Reference TP05 – Elevations prepared by MJL Design & Drafting and dated 7 March 2019.

9.       The Crane and supporting base are to be painted in muted paint tones to the satisfaction of the Responsible Authority.

10.     Before the use of the development starts, the car parking areas and access ways must be drained, and fully sealed and constructed with asphalt, interlocking paving bricks, coloured concrete or other similar materials to the satisfaction of the Responsible Authority.

11.     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 nature-strip 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.     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, 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.

 

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

15.     Prior to using or occupying any building on the site, 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.

16.     Before the use of the development commences, reticulated (water, sewerage, gas and electricity) services must be constructed and available to the satisfaction of the Responsible Authority.

17.     The permit holder shall 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.

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

19.     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.

20.     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.

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

Signage Conditions (Nos. 22-27)

22.     The location and details of the signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

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

24.     Signs must not contain any flashing light.

25.     Signs must not be illuminated in any way except with the written consent of the Responsible Authority.

26.     All signs must be constructed and thereafter maintained to the satisfaction of the Responsible Authority.

27.     The signage component of this permit expires ten years from the date of issue.  At the expiry of this permit, any sign authorised by this permit must be removed from the land.

VicRoads Conditions (Nos. 28-33)

28.     All disused or redundant vehicle crossings must be removed and the area reinstated to footpath and nature strip with appropriate kerb and channel, to the satisfaction of and at no cost to both VicRoads and the Responsible Authority, prior to the use and the development.

29.     The crossovers should be constructed (to a minimum width of 6.5m at the property line, flared 60 degrees to the property line, with 3.0m radial turnouts at the kerb with 1.0m clearance from any fixed object such as poles, trees pits and etc.) at no cost to VicRoads and to the satisfaction of the Responsible Authority prior to the use of the development.

30.     Any crossover that is to be used for access by heavy vehicles must be of a construction standard of an Industrial Vehicular Crossing as per Whittlesea City Council specifications.

31.     The crossovers must be maintained in a fit and proper state so as not to compromise the ability of vehicles to enter and exit the site in a forward direction or compromise operational efficiency of the road or public safety (e.g. By spilling gravel or dirt onto the roadway).

32.     Prior to the commencement of the use hereby approved, the crossover and driveway are to be constructed at no cost to VicRoads and to the satisfaction of the Responsible Authority.

33.     Any business identification signs must not be animated, flashing, reflective or internally illuminated.

 

Melbourne Water Conditions (Nos. 34-46)

34.     No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses.

35.     The warehouse and office must be constructed with finished floor levels set no lower than 88.48 metres to Australian Height Datum.

36.     The car park must be constructed with finished surface levels set no lower than 87.47 metres to Australian Height Datum.

37.     The land within 10 metres of the top of bank of Central Creek must be regraded and reinstated to be consistent with the 2009 Lidar surface levels, to the satisfaction of Melbourne Water.

38.     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.

39.     Deleted.

 

40.     The layout of the site and size, design and location of buildings must include a 12 metre setback from the top of bank of Central Creek to allow for the passage of floodwaters.

41.     Deleted.

42.     Prior to the commencement of works, a Site Environment Management Plan (SEMP) is to be submitted to Melbourne Water for approval. The SEMP must detail sediment and pollution controls that will be implemented during the construction phase of the project. The SEMP must include the following:

-        The erection of silt fencing along the top of bank to prevent erosion and soil runoff into Central Creek during works

-        Appropriate spoil stockpiling trenching locations and machinery locations to ensure that the waterway is protected at all times.

43.     Prior to the commencement of works, a separate application direct to Melbourne Water must be made for approval of any new or modified storm water connection to Melbourne Water’s drains or watercourses.

44.     Any proposed works must not impact upon bank stability. Any area disturbed during the works will be required to be reinstated to Melbourne Water’s satisfaction by the proponent and at their cost.

45.     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.

46.     Prior to the endorsement of landscape plans, amended landscape plans must be submitted to Melbourne Water for review and approval. The landscape works must be carried out in accordance with the endorsed landscape plans and must be completed no later than six months after the endorsement of the landscape plans. The landscape plans must include a planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross-section form in colour). Where new plantings are to be installed on the site, wherever possible local indigenous plants are to be used. The landscape plans must detail the following:

a.       Details of surface finishes located on recreational pathways, maintenance access or any other pathways near the waterway;

b.      Details of the species included in the plantings to be retained along the banks of Central Creek;

c.       A planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross section form in colour);

d.      Landscape treatment with specification of products being used for work such as mulching, erosion control matting and path surfaces.

 

 

Melbourne Airport Conditions (Nos. 47-49)

47.     Cranes are not to protrude beyond 228m AHD into Melbourne Airport Prescribed Airspace. If at any times cranes will protrude beyond 228m AHD approval of the cranes to extend into the airspace is required from the Aerodome Operator (Melbourne Airport) in accordance with the Airports (Protection of Airspace) Regulations 1996. It is an offence for a controlled activity to be carried out without approval.

48.     Any structure or building activity (including construction cranes) on the subject land, either permanent or temporary, must not penetrate “prescribed airspace” surfaces without the approval of Melbourne Airport in accordance with the Airports (Protection of Airspace) Regulations 1996.

49.     Safety airport operations require the minimisation of the risk of glare experienced by pilots. Accordingly, all roofed areas of the proposed buildings must be coloured in non-reflective muted tones or constructed of suitable materials that absorb light rather than creating unnecessary glare.

AusNet Transmission Group Conditions (Nos. 50-52)

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

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

52.     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.

Time limits

53.     This permit will expire if:

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

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

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

NOTES:

Advanced Trees

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

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

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

 

 

Building Over Easements

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

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

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

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

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

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

Melbourne Water

The flood line for the property grades from 87.88 metres to Australian Height Datum (AHD) at the north western boundary down to 87.62 metres to AHD at the south eastern boundary.

If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 189606.

VicRoads

The proposed development requires roadworks within the declared road and the road reserve. A separate approval for this activity is required to be obtained from VicRoads under the Road Management Act. Please contact VicRoads prior to commencing any works.

This Permit has been amended as follows:

 

Date of Amendment

Description of Amendment

5 October 2017

Additional VicRoads Conditions should now read as:

VicRoads Condition (Nos. 25-30)

 

29.     Prior to the commencement of the use hereby approved, the crossover and driveway are to be constructed at no cost to VicRoads and to the satisfaction of the Responsible Authority.

30.     Any business identification signs must not be animated,

        flashing, reflective or internally illuminated.

Additional Melbourne Water Conditions should now read as:

Melbourne Water Condition (Nos. 31 to 43)

 

42.     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.

 

 

 

 

43.     Prior to the endorsement of landscape plans, amended landscape plans must be submitted to Melbourne Water for review and approval. The landscape works must be carried out in accordance with the endorsed landscape plans and must be completed no later than six months after the endorsement of the landscape plans. The landscape plans must include a planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross-section form in colour). Where new plantings are to be installed on the site, wherever possible local indigenous plants are to be used.

 

The landscape plans must detail the following:

 

a.         Details of surface finishes located on recreational pathways, maintenance access or any other pathways near the waterway;

b.          Details of the species included in the plantings to be retained along the banks of Central Creek;

c.           A planting schedule of all proposed trees, shrubs and ground covers, including: botanical names; common names; pot sizes; life-form; quantities of each plant; planting density (plants per square metre) planting zones/locations (in plan and cross section form in colour);

d.         Landscape treatment with specification of products being used for work such as mulching, erosion control matting and path surfaces.

Deletion of Melbourne Water condition 36

Deletion of Melbourne Water condition 38

Inclusion of  VicRoads Note to read as:  

VicRoads

 

The proposed development requires roadworks within the declared road and the road reserve. A separate approval for this activity is required to be obtained from VicRoads under the Road Management Act. Please contact VicRoads prior to commencing any works.

 

 

 

 

 

 

DATE

·           Amend the permit preamble to include the construction of a permanent crane

·           Include the following new conditions 7, 8, 9, 50, 51 and 52 (and renumber conditions as relevant):

7.       No signage can be displayed on the permanent crane.

8.       When the permanent crane is not loading and unloading           goods it must be lowered with no part of the structure to sit           higher than 26 metres as shown on Plan Reference TP05 –           Elevations prepared by MJL Design & Drafting and dated 7           March 2019.

9.       The Crane and supporting base are to be painted in muted           paint tones to the satisfaction of the Responsible Authority.

AusNet Transmission Group Conditions (Nos. 49-51)

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

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

52.     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.

                                                                                                               CARRIED UNANIMOUSLY




Ordinary Council Minutes                                                                                 Tuesday 1 October 2019

UNCONFIRMED

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.9      Annual Report 2018-2019

Attachments:                        1        Final COW Annual Report 2018-19 (distributed separately - refer to p.7)   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Acting Manager Advocacy & Communications   

 

RECOMMENDATION SUMMARY

That Council resolve to receive and note the 2018-2019 Annual Report in accordance with Section 134(1) of the Local Government Act 1989.

KEY FACTS AND / OR ISSUES

The Annual Report 2018-2019 contains the following:

·    A report of Council’s operations during the financial year (Part 1);

·    An audited performance statement for the financial year of results achieved against the prescribed performance indicators and measures and includes a copy of the Auditor-General’s Report on the Performance Statement (Part 2);

·    Audited financial statements, prepared in accordance with the Australian Accounting Standards and a copy of the Auditor-General’s Report on the Financial Statements (Part 3);

·    In accordance with the Local Government Act 1989, public notice has been given that the Annual Report has been prepared and is available for inspection.

 

Report

Background

Council’s performance for the 2018-2019 Annual Report has been reported against each

Council priority to demonstrate how Council is performing in achieving the 2017-2021 Council Plan. Performance has been measured as follows:

 

·  Results achieved in relation to the strategic indicators in the Council Plan;

 

·  Progress in relation to the major initiatives identified in the 2018-2019 Annual Budget;

 

·  Services funded in the Budget and the persons or sections of the community who

    provided those services; and

 

·  Results against the prescribed service performance indicators and measures.

 

Highlights include:

 

·         Work is now underway to convert the roundabout at Findon Road, Ferres Boulevard in South Morang into a traffic light intersection. Used as a gateway into Mill Park and South Morang, the $12 million project is the largest roads project in Council’s history and will improve the flow of traffic through the busy intersection and complement the extension of Findon Road to Plenty Road.

 

       $70 million was spent on our New Works Program, which included more than 150 projects to build and upgrade community centres, sporting fields, tennis courts, playgrounds, roads, bike paths and footpaths across our municipality.

 

·         Work continued on the $25 million refurbishment of Mill Park Leisure with the state of the art facility expected to re-open in mid-2020.

 

       A new contract with Green Life Group to maintain parks, open spaces and streetscapes in our city will save $10 million over ten years and includes the company moving their headquarters into the municipality and employing up to 79 new local staff. 

 

       Council adopted a Biodiversity Strategy. This strategy aims to improve the management and protection of biodiversity across the municipality, ensuring our natural environments can thrive and continue to be enjoyed as the city grows into the future.

 

       We continued to deliver a number of essential services to our community.  These include waste and recycling collection services, building and planning services, maternal and child health services, maintenance and provision of local parks and open spaces, services and support for the aged, people with a disability and migrants. 

Proposal

The Annual Report provides an overview of Council’s performance in the 2018-2019 financial year against the seven Council Priorities set out in our Council Plan 2017-2021 and Annual Budget 2018-2019.

The Report also highlights achievements and challenges faced and includes statutory reporting and legislative information as required under the Local Government Act 1989 and other legislation.

It is recommended that the 2018-2019 Council Annual Report be received and noted. 

Consultation

Copies of the Annual Report will be made available at Council Offices and at the Yarra Plenty Regional Library branches of Lalor, Thomastown, Mill Park and Whittlesea.  A copy will also be published on Council’s website at whittlesea.vic.gov.au.

Critical Dates

A public notice has been placed to let residents know that copies of the Annual Report are available for inspection and that it will be considered by Council at this meeting. 

Financial Implications

The Annual Report was produced within approved budget allocations. 

Policy strategy and legislation

A copy of the Annual Report including the Audited Performance Statement and Financial Statements has been forwarded to the Minister for Local Government in accordance with Section 131(6) of the Local Government Act 1989.

The Annual Report promotes open and transparent government by reporting Council’s operations.

link to strategic risks

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

Under the Local Government Act 1989, Council must produce an Annual Report that complies with the statutory obligations and forward to the Minister for Local Government within three months after the end of the financial year.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council services are transparent, equitable and accessible

Council Priority                             Organisational Sustainability

 

Declarations of Conflicts of Interest

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

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

Conclusion

The City of Whittlesea 2018-2019 Annual Report is an integral part of Council’s commitment to open and accountable governance.  It provides the community with an overview of Council’s performance and achievements during the 2018-2019 financial year in delivering against Council’s priorities set out in the 2017-2021 Council Plan and 2018-2019 Annual Budget.  It also provides detailed financial statements relating to Council’s financial position which continues to remain sound. 

 

RECOMMENDATION

THAT Council resolve to receive and note the 2018-2019 Annual Report in accordance with Section 134(1) of the Local Government Act 1989.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.1.10    Whittlesea Community Connections Annual Report 2018-19

Attachments:                        1        WCC Annual Report 2018-2019   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Partnerships Project Officer   

 

RECOMMENDATION SUMMARY

THAT Council resolve to note the Whittlesea Community Connections Annual Report, 2018-2019.

KEY FACTS AND / OR ISSUES

Council has an agreement with Whittlesea Community Connections (WCC) to provide key programs and services for our community in the areas of:

·    Community Help;

·    Community Engagement;

·    Volunteer Resource Service.

This report outlines the key achievements over the past twelve months, 2018-2019.

WCC has met or exceeded all expected targets.  Council has developed an effective working relationship with WCC under the leadership of the Chief Executive Officer.  The WCC Board brings a strong commitment to delivering an integrated and ethical model of community engagement and service delivery that Council can be proud of.

Achievements for the year include:

·    40 supported volunteering opportunities for community information volunteers, with 8,000 hours contributed by volunteers to assist local people. The skills, confidence and work experience these volunteer opportunities provide has enabled 18 local people to gain employment during this period.

·    Casework services provided to 640 of the most disadvantaged Whittlesea residents: outcomes included finding accommodation for people experiencing homelessness, support for Family Violence Recovery, advocacy for debt relief, support and services for older people experiencing elder abuse.

·    attracted $47,000 in philanthropic support paid directly to people experiencing hardship, average payment of $350 per person and another $38,000 in utility relief grants with an average payment of $450 per person ($85,000).

 

Report

Background

Whittlesea Community Connections (WCC) has worked in partnership with the City of Whittlesea (CoW) since its inception 48 years ago. This partnership covers a range of areas, programs and services that are focused on improving residents’ health and wellbeing, improving their access to information and support services and helping them connect and participate. The partnership has both a population-wide focus and a targeted focus on those most marginalised and disadvantaged in our community. 

CoW and WCC entered a 10-year service agreement, commencing in July 2018.

The 2018 -2028 Service Agreement identifies three priority areas:

·    Community Help;

·    Community Engagement;

·    Volunteer Resource Service.

This annual progress report is a requirement of the service agreement between Council and WCC for the project funded by CoW titled “Working together to improve the health, wellbeing and connectedness of residents across Whittlesea”. 

WCC’s approach includes:

·    providing multiple entry points for residents and groups to get information, receive support and access opportunities;

·    integrating a large diverse volunteer base in our own organisation and in other organisations, creating pathways for community connection and employment;

·    service delivery and service planning with the community for the community;

·    a community-led approach to organisational governance and program development.

The attached report provides an overview on the progress made by WCC on the three priority areas against the actions outlined in the WCC Annual Workplan.  It highlights the achievements against outputs and outcomes.

Proposal

Achievements

All output targets outlined in the first 12 months of the Service Agreement have been achieved or exceeded over the past twelve months. 

The Service Agreement funding delivers:

·    the delivery of 40 different volunteer opportunities (8,000 volunteer hours) and 400 hours of volunteer training, worth an estimated $230,000:  the skills, confidence and work experience these volunteer opportunities provide has enabled 18 local people to gain employment during this period;

·    400 hours of training for volunteers, volunteer managers and people experiencing challenges with employment (worth $30,000);

·    Tax help service assisting 240 people on low incomes complete their tax returns (worth $9,000);

·    Casework services provided to 640 of the most disadvantaged Whittlesea residents at less than $450 per person, with a total value of $288,000. Outcomes included finding accommodation for people experiencing homelessness, support for Family Violence Recovery, advocacy for debt relief, support and services for older people experiencing elder abuse;

·    Attracted $47,000 in philanthropic support paid directly to people experiencing hardship, average payment of $350 per person and another $38,000 in utility relief grants average payment of $450 per person ($85,000).

 

Outcomes achieved include:

Community Help

·    community information was delivered to a much wider public audience through a mobile coffee van, attending community meeting places, events and school communities in Mernda, Doreen and the Whittlesea township;

·    establishment of the online Whittlesea Community Directory;

·    building on learnings from Mernda outreach to secure funding to establish Mernda Community House;

·    establishment of the Whittlesea Township outreach;

·    research and consultation on housing and homelessness in CoW, including establishing a housing and homelessness working group to develop a 10-year housing-related action plan.

Community Engagement

·    supported the community engagement process for the development of Whittlesea 2040, through engaging with “hard-to-reach’ communities”, with over 1,000 survey responses collected;

·    establishment of new partnerships with Whittlesea Community House, Melbourne Polytechnic, PRACE and the Whittlesea Community Farm and Food Collective;

·    strengthened partnerships with Victoria Police, Hume Whittlesea Primary Care Partnership, InTouch, Berry Street Family Violence service, Victoria Legal Aid, Thomastown West Primary school, PRACE and Spectrum;

·    strengthened relationships with Hope Street, Haven Home Safe, and Councils’ Aged and Disability, Youth Services, Early Years and Health teams;

·    establishment of an Equity of Access Working Group to identify barriers to access WCC: this includes identifying the services and cohorts not accessing services and developing responses to address these issues;

·    establishment of a Youth Advisory Group, Community Farm Advisory Group and the Women’s Advisory Group;

·    commenced action in relation to emerging issues, including raising issues for people seeking asylum through MP briefings and WCF forums and clusters, designing and implementing new responses including fortnightly dinners and a Pharmacy program in partnership with Cabrini Outreach.

Volunteer Resource Service

·    volunteer Champions Program and Emergency Response volunteers program initiated, with an initial five community members being recruited and trained as volunteer champions. Languages spoken by these individuals include Arabic, Italian and Hindi;

·    trialling new ways to engage and support bi-cultural volunteers in Council consultations through the CoW 2040 project;

·    worked with CoW Emergency Management Team to plan a project that will support the Whittlesea Township community to develop its own Emergency Management Plan.

Profile of Active Clients for Community Help Service

The following provides a snapshot of WCC clients for 2018/19:

·    at the end of the financial year, there were 581 active clients;

·    there were 306 new clients during the year;

·    the majority of clients identified as female;

·    44% of active clients spoke English at home;

·    the main languages spoken at home by new and active clients was the same, with Arabic being the most prevalent, followed by Persian (excl. Dari), Macedonian and Kurdish;

·    the majority of new clients required assistance with material aid – 39% and housing – 20%: forty-four (44) new clients indicated they were homeless.

These data will be monitored over time to provide an understanding of the changing and emerging issues in the community.

Consultation

WCC provided data and information which has informed this report.  Consultation has occurred with WCC regarding the achievements and challenges, focussing on key priorities for the following twelve months.

Financial Implications

WCC has met or exceeded the specified outputs for the first year of the new Service Agreement.  Funding for the organisation in 2018/19 was $414,600.  This will increase to $424,965 in 2019/20, as specified in the Service Agreement.

Policy strategy and legislation

The partnership between WCC and CoW enables Council to deliver on key policy initiatives outlined in several Council policies and strategies. 

These include:

·    Whittlesea 2040 A place for all:  the services, programs and outcomes aligns with key goals and directions;

·    Health and Wellbeing Partnership Plan:  specifically, the partnership is underpinned by priorities in this Plan:

Create safe and welcoming community environments;

Implement initiatives that address community safety, emergency management and violence against women and their children; and

Implement responsive prevention approaches.

link to strategic risks

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

The work of WCC focusses on strengthening community engagement and building capacity to enhance social inclusion.

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

WCC has worked with Council to develop measurable outputs aligned to the funding agreement.  All of these have been achieved or exceeded.  Work has commenced on developing measurable outcomes aligned to Whittlesea 2040.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

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

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

 

Conclusion

This overview of the activities for 2018/19 represents a report of the first twelve months of the 10-year Service Agreement between Council and WCC.

WCC has continued to provide important services in the community, focussing on bringing people together to enhance their health and wellbeing and community connections.  Specifically, the work has focussed on three priority areas: Community Help, Volunteer Resource Services and Community Engagement. 

WCC has met or exceeded all output targets.  WCC and Council have commenced work on a more concise reporting format, which will support processes for monitoring trends over time and align the activities of the Agreement with Whittlesea 2040 indicators.

 

RECOMMENDATION

THAT Council resolve to note the Whittlesea Community Connections Annual Report, 2018-2019.

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                          Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.2       Community Services

6.2.1      Senior Citizen Clubs' Grant Program 2019-2020

Attachments:                        1        Senior Citizen Clubs' Grant Program - Grant Recommendations.

2        New Senior Citizens Clubs Seeking Recognition   

Responsible Officer:           Manager Aged and Disability

Author:                                  Team Leader Positive Ageing   

 

RECOMMENDATION SUMMARY

That Council resolves to recognise the two new senior citizens’ clubs and award the annual senior citizen clubs’ grants to all 81 clubs that applied.

KEY FACTS AND / OR ISSUES

·    Council provides an annual, non-competitive grant to local senior citizens’ clubs recognised by City of Whittlesea.

·    The objective of the grant program is to support access to social connection for older residents and promote positive ageing.

·    The grant amounts are based on an entitlement to a minimum grant ($1244.24 including 1.6% CPI increase) for Council recognised senior citizens’ clubs with a membership of up to 20 residents, plus an additional amount for each additional local resident who is an active member.

·    The Senior Citizen Clubs Grant Program 2019-2020 supports 81 senior citizens’ clubs, including two new clubs, and benefits 8,256 senior residents of City of Whittlesea.

·    Clubs that experienced a significant growth in membership of City of Whittlesea residents have received a proportionate increase in funding. Clubs that experienced a decline in membership received the same amount of funding as last year, plus a CPI increase.

·    The total value of the senior citizen club grants being provided in 2019-2020 is $187,477.96.

·    The Senior Citizen Clubs’ Grant Program will be reviewed in 2019 in consultation with existing senior citizen’s clubs.

 

Report

Background

Council provides an annual grant to recognised senior citizens’ clubs in the City of Whittlesea. The objective of this program is to support older residents build social connections and improve their physical and mental wellbeing.

The Senior Citizen Clubs’ Grant program is non-competitive and 81 senior citizens’ clubs operating in City of Whittlesea applied through the program for the financial year 2019-2020. This includes, 79 existing senior citizen’s clubs recognised by Council and two new senior citizen’s clubs recommended for recognition by the Positive Ageing team. Additional information about the new is seniors’ clubs is attached. All clubs have satisfactorily met the eligibility criteria.   

The grant funds can be used for:

·    Purchasing equipment’s for the club

·    Providing programs to encourage improved physical wellbeing of Club members

·    Organising day trips or outings

·    Subsidising catering costs for special occasions or general meetings

·    Contribution to Public Liability Insurance

The Council grant funds cannot be used to pay for rent or facility hire costs.

The grant amount is calculated using a formula that considers the number of members who are City of Whittlesea residents, regular participation at meetings, and number of meetings and events held in the last year. A CPI increase of 1.6% has been applied.

The smarty grants online system was trialled this year and the Positive Ageing team has worked closely with clubs to build their capacity to use the online system.

Proposal

It is proposed to recognise two new senior citizens’ clubs and award the senior citizen clubs’ grants to all 81 clubs that have applied for the grants.

The complexity of the grant calculation process has not translated well to the Smarty Grants system. Therefore, to ensure clubs are not disadvantaged, for this year only, clubs that experienced a decline in membership (33 clubs in total) will receive the same amount of funding as last year, plus a 1.6% CPI increase. Clubs that experienced considerable growth in membership have received additional funding.

The Senior Citizen Clubs’ Grant Program will be reviewed in 2019 in consultation with senior citizens’ clubs and staff will work to ensure the issues that have arisen this year are addressed.

Consultation

The senior citizens’ clubs have been consulted regarding the grant process and feedback has been received. It will inform the planned review of the Senior Citizen Clubs’ Grant Program.

Critical Dates

It is planned to present the grants at a ceremony to be held at Plenty Ranges Arts and Conventional Centre on Monday 21 October 2019.

Financial Implications

The total value of the grants being provided in 2019-2020 is $187,477.96. This is $2,477.96 above the allocated budget of $185,000. This increase will be accommodated by savings within the Positive Ageing program budget.

The individual club grant allocations, inclusive of a CPI increase of 1.6% on base value of last year, are listed in the attachment.

Policy strategy and legislation

The Senior Citizen Clubs’ Grants Program 2019-2020 is consistent with Council’s Positive Ageing Strategy (2016-2025) and Community Building Strategy. The applications were assessed and administered within Council’s current Grants Policy and Guidelines.

link to strategic risks

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

The growth in the population of seniors and the number of local seniors’ clubs and activities in City of Whittlesea will continue to increase the demand on the Senior Citizen Clubs’ Grant Program. 

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A socially cohesive community

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

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

Conclusion

The Senior Citizen Clubs’ Grant Program assists local seniors’ clubs to deliver valuable programs, services and activities to their members.

 

RECOMMENDATION

THAT Council resolve to:

1.       Recognise the two new senior citizens’ clubs that have applied for funding (refer attachment two), and

2.       Award the annual senior citizen club grants as recommended in attachment one, Senior Citizen Clubs’ Grant Program 2019-2020.

 

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                             Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                           Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.2.2      Casa D'Abruzzo Partnership Opportunity  

Responsible Officer:           Director Community Services

Author:                                  Team Leader Sport & Recreation   

 

RECOMMENDATION SUMMARY

1.      Council enters into a partnership with the Casa D’Abruzzo Club (the Club) to develop a four-court indoor stadium, subject to finalisation of an agreement on terms acceptable to Council’s Chief Executive Officer; and

2.      Council commits a once-off $5,000,000 contribution in the 2020-21 budget towards the development of the stadium complex at the Casa D’Abruzzo Club, in exchange for guaranteed community access for at least 20 years in accordance with the agreement; and

3.      Council authorises the Chief Executive Officer to sign the agreement on behalf of Council.

KEY FACTS AND / OR ISSUES

·    The City of Whittlesea currently has a significant shortage of indoor sports courts which is directly reflected in lower than average participation rates for netball and basketball.

·    This report presents an opportunity for Council to partner with the Club for the development of a new four-court Indoor Sports Stadium in Epping for a once-off Council investment of $5 million.

·    This project presents the opportunity for four indoor sports courts to be delivered at a significantly reduced cost to Council, within a shorter timeframe than is possible for development of courts directly by Council. The partnership proposal from the Club is for Council investment in infrastructure on private land.

·    It is important that Councillors note that the Club owns and operates electronic gaming machines, and that Council has undertaken substantial advocacy in the anti-gambling space over several years. Any such partnership may create a potential policy tension that needs to be considered, in addition to any social, economic or reputational implications.

·    While the provision of the courts will lead to an increase in participation, particularly for women, some visitors may access the gaming machines at the adjacent venue.

·    Council’s financial contribution is subject to satisfactory execution of the 20-year agreement to ensure community access and ongoing maintenance standards for the term of the agreement.

 

Report

Introduction

This report presents a proposal for Council’s consideration to partner with the Club for the development of a four-court indoor sports stadium in Epping, at a reduced cost and earlier date than is currently planned in Council’s New Works Program. Any such partnership will generate physical activity-based community health and wellbeing outcomes; however, the Club owns and operates 75 EGM’s. As such, the proposed partnership may create a potential policy tension with the City of Whittlesea Gambling Strategy.  

Background

In May 2014 Council adopted the Sports Stadium Feasibility Study (SSFS) that identified the need for a strategic approach to the provision of additional indoor courts. At the time there had been substantive advocacy by local basketball and netball providers which were unable to cater to the increasing demand of participation. The plan also recommended Council explore partnership opportunities such as school sites to help address the indoor courts demand.

 

In 2014 Council also adopted the City of Whittlesea Gambling Strategy (Gambling Strategy). The Gambling Strategy is Council’s latest commitment to ‘harm minimisation’ in association with gambling and aims to address the complex issues related to gambling or ‘gaming,’ while at the same time promoting healthy communities.

 

Throughout 2019 Council officers have been working with local Netball and Basketball Associations and State Sporting Associations in the development of a plan that provides further strategic direction regarding the future provision of indoor sports courts within the City of Whittlesea. Indoor courts typically cater for both netball and basketball, as well as a range of other indoor sports. This plan will be presented to Council for consideration in late 2019.

 

Key findings of the draft Plan and SSFS indicate that the City of Whittlesea currently has a significant shortage of indoor sports courts, which significantly limits participation in a range of sports. The City of Whittlesea currently does not own or operate any compliant indoor sports courts, and Council has not invested in the provision of new indoor courts since 1999.

 

The lack of access to indoor sports courts is directly reflected in the Netball and Basketball participation rates across the municipality which is low in comparison to that of Greater Melbourne and other growth councils. Based on average participation rates, there should be an estimated 830 additional netballers and approximately 3,220 additional basketballers participating locally. Netball and basketball in particular provide a significant participation opportunity for women and girls with female participants making up 96% of netball registrations and 28% of basketball registrations. The local demand for netball and basketball facilities is high, as 51% of registered netball participants and 46% of registered basketball participants are currently leaving the municipality to play. This is attributable in part to the lack of facilities and poor condition of some existing infrastructure currently available within the municipality. The lack of facilities also disproportionately affects women and girls, who have significantly higher participation rates in netball and basketball.

 

  

THE CLUB’S PARTNERSHIP PROPOSAL

The Clubs’ proposed partnership presents an opportunity for four indoor sports courts to be delivered at significantly reduced cost to Council, within a shorter timeframe than is possible for development of courts directly by Council.

 

In the latter half of 2018 representatives of the Club approached Council to propose a partnership for development of a four-court competition compliant indoor stadium located in Epping by the end of 2021, for a one-off Council investment of $5 million. The Club already has plans to develop its own two indoor court facility, and with Council’s contribution the scope of this facility could be increased to four courts. Council’s contribution will secure guaranteed community access over the duration of a 20-year agreement. Costings indicate for Council to build a comparative four-court indoor court stadium on its own land would be in the vicinity of $15 million.

 

Council receives many offers for partnership proposals, all of which are duly considered on a case by case basis. In addition to significant community demand for the provision of indoor sports courts, Council has a long-standing existing relationship with the Club through a lease agreement for community use of existing soccer pitches. The Club also privately operates six community access tennis courts.

GAMBLING POLICY TENSIONS

While the Club’s proposed partnership presents an opportunity for Council, the policy tension that such a capital investment would create needs to be considered. Specifically, further provision of sports stadia is consistent with Council’s Whittlesea 2040 and Active Whittlesea Strategy which states; The City of Whittlesea will make a positive contribution to community health and wellbeing outcomes by enhancing opportunities for residents to be more physically active, through addressing barriers to active participation across a diverse range of sport and physical recreation activities and environments. 

Yet the proximity of the proposed stadia to existing electronic gaming machines (EGMs) creates a potential tension with Council’s Gambling Strategy that states; the City of Whittlesea is a leader in minimising the harms associated with gambling in the municipality through investing in health and community wellbeing (see attached).

In further exploring this policy tension officers have identified several risks to Council, given the Club is a private entity and operates 75 EGMs in close proximity to the proposed stadium. Gambling on EGMs is widely considered a public health issue; and in 2018/19, gambling losses at the Club were $6,552,412.  Council has also opposed several applications for the extension of EGMs licences through the VCAT dispute process. 

While it’s acknowledged that there are clearly benefits to the community in constructing additional netball and basketball courts, particularly for female participation, several potential risks of pursuing a partnership agreement have been assessed. 

RISK ASSESSMENT

Consideration has been given to a range of risks associated with a partnership arrangement of this nature.

·    The Club’s Financial Standing - Protection and recourse in the instance the Club becomes insolvent throughout the course of the agreement.

·    Agreement Compliance - Protection and recourse in the instance the Club become non-compliant with the terms and conditions of the agreement.

·    Community Access - Protection for community access to the asset as specified in the partnership agreement.

·    Reputational – Communications and strategies to manage any unintended negative social and economic impact resulting from Council’s further partnership with a gaming provider.

·    Advocacy & Leadership - The partnership may be viewed as contradictory to Council’s advocacy position and leadership role in advocating for gaming reform.

·    Community Opinion - There is a potential that local residents may lose confidence in Council’s ability to be seen as a credible advocate for future anti-gambling reform.

·    Community Impact - Public health evidence clearly indicates that EGMs cause considerable harm in the community.   

·    Opposing Future EGM’s Applications - It could be difficult for Council to argue against any future applications to increase the number of EGMs at the Club.

As with any major project a number of risks exist.  However, each of these risks can be mitigated through a range of legal, financial and communication measures to protect Council’s interest in the project.

PROPOSED PARTNERSHIP AGREEMENT TERMS

Partnerships between local government authorities and private entities to construct large community infrastructure on privately owned land are not commonplace and there is little precedent. However, Joint Use Agreements with State Government have seen the provision of jointly funded facilities on school sites delivered regularly.

The City of Whittlesea has previously provided a financial contribution towards the development of the RMIT Bundoora four court indoor sports stadium. This agreement, brokered in 1999, allowed for Council to fund over 50 per cent of the project cost in exchange for community access; Council funded $2.45 million and RMIT/grant contributions was $1.5 million. This existing agreement is not dissimilar in nature to that proposed with the Casa D’Abruzzo Club, with operational control devolved to the partner. However, given the status of the university as a tertiary education provider, there is greater security of tenure over Council’s investment.

Another recent example of local government investment in indoor stadia on non-council land is Banyule City Council’s investment of $5 million towards the La Trobe University Sports Park indoor stadium. This agreement buys Banyule’s sporting clubs 162 hours of court time per week for a minimum 38 weeks of the year; this is equivalent to use of two courts. The lease agreement is for a term of 10 years.

In further assessing the basis of the partnership, Officers have prepared draft terms for a construction/development and operational agreement; these terms have in-principle agreement from the Club. However, any agreement will require further development and legal advice to ensure Council’s investment can be adequately protected and achieved.  The primary details of the agreement include the following;

·    Development and operation of a four-court indoor sports stadium, inclusive of recommended car parking provision and accessibility and associated Statutory requirements;

·    Council financial contribution subject to satisfactory sign off, by Council, of facility detailed design plans; 

·    Guaranteed community access for a 20-year term;

·    Delivery of the asset by mid-2021;

 

·    Community access to the facility is proposed as follows:

Access to four courts six days per week from 4pm until 11pm (10pm on Sunday), totalling 228 hours of court time per week;

Minimum of 9,120 hours access per year; and

Minimum of 182,400 hours access over the term of a 20-year agreement.

·    Hire rates and charges to be agreed by Council and the Club, and not to increase by more than CPI annually;

·    The Club remains responsible for capital maintenance, repairs and facility renewal;

·    The Club to underwrite any operational deficit incurred for the facility over the term of the agreement;

·    The Club to ensure that the agreed facility and court presentation standards are maintained for the life of the agreement; and

·    The Club to provide facility management services including staffing presence and court programming.

Should Council provide in-principle support for a partnership with the Club to develop a four-court indoor stadium, a contractual agreement will be drafted in conjunction with Council’s legal advisors and signed by the CEO, on behalf of Council. Council’s financial contribution will be subject to satisfactory execution of this agreement.

Prospective use and tenants

To further assess the merit of the proposed partnership discussions have been had with potential Basketball or Netball Associations. There has been strong interest from a range of netball and basketball associations to become anchor tenants at this site and facilitate competitions, should it be developed with at least four indoor courts.

 

Operational modelling indicates a four-court indoor facility would operate at 100 per cent capacity from year three, for Council’s proposed hours of community access.

OPTIONS ANALYSIS

The partnership proposal from the Club is for a one-off Council investment of $5 million. For this Council will have access, for 20 years, to four indoor sports courts, with terms to be specified under an agreement. The potential benefits, opportunities and risk of the proposed partnership have been assessed. To assist in this assessment, Officers have developed three options for Council’s consideration:

Option 1 – Do nothing (the Club build a 2-court facility)

Option 2 - Partner with the Club for development of 4 indoor sports courts

Option 3 – Council lead 4 Indoor sports court facility at Greenfield site

 

 

 

 

 

 

 

These are summarised below.

Option 1 – Do nothing (the Club build a 2-court facility)

Option 2 - Partner with the Club for development of 4 indoor sports courts

Option 3 – Council lead 4 Indoor sports court facility at greenfield site

Cost to Council

$0

 

$5 million

Upfront investment approx. $15 million + ongoing maintenance

Time for realisation of asset

2021

2021

At least 2023 although this could be longer pending competing priorities

Risk Profile

Low

High

Low

Land

Private

Private

Council

Assumptions

· The Club will deliver a 2-court facility with no guarantee for community access

· No guarantee of project delivery

· Fees may be inaccessible as facility is to be managed privately with no agreement

· Agreement required to guarantee access

· Proposed 20-year term

· Ability to further develop Basketball and Netball association participation and pathways

· External funding sources (State and Federal) will be sought

· External funding sources (State and Federal) will be sought and likely secured

· Council retains ownership of asset and full operational autonomy

· Development of this facility will be at least two years after option 2, potentially much longer

· Council responsible for ongoing costs of maintenance, capital improvements and insurance

Benefits

· Lowest cost

· Low risk

· Reduces the current shortfall in court provision by two courts

· Does not provide a sustainable competition venue which needs a minimum of 3 or 4 courts

· Low Council investment

· No Council responsibility relating to maintenance and renewal

· Provides quickest relief to reduce large provision shortage in the western area of the municipality

· Sustainable and viable competition venue

· CoW minimum proposed access:

228 hours per week

9120 hours per year

182,400 hours for life of 20-year agreement

· Additional rates levied due to improved capital value

· Low risk

· Guaranteed supply

· Control and ownership of asset

· Construction economies of scale and profitable business modelling indicate preference to build larger indoor court facilities would be considered

· Viable competition venue

 

 

Options Summary:

Option 1 sees no action from Council in the immediate development of additional competition compliant indoor court infrastructure. This option does little to address the significant identified demand for lack of sporting association competition venues for indoor sports within the city but provides more courts than currently supplied. This option presents the lowest risk and cost. This option also alleviates the policy clash associated with Option 2. 

Option 2 presents a high risk, high participation benefit with an asset deliverable within a 2-year timeframe. This option presents a potential policy tension between two of Council’s key policy positions; Active Whittlesea Strategy and the Gambling Strategy. This option also presents a potential $10 million saving to Council which should be considered in meeting future infrastructure demands.

Option 3 is based on a hypothetical situation for development of a Council owned and operated four-court stadium on a Greenfield site. This option has been developed to create a comparative analysis between proposed private partnership stadium development and Council directly developing, owning and managing a stadium facility. This option presents the highest capital expenditure for Council as well as higher ongoing operational costs and highest level of project and facility autonomy. This option also alleviates the policy tension associated with Option 2.

General considerations:

Ideally to achieve maximum economies of scale and community participation all Council facilities should be constructed with at least 6 indoor courts; no options provide this level of provision.

Whilst Option 3 has been presented for comparative purposes, it is noted that there is currently no allowance in the New Works Program for a development of a stadium complex in the north west growth corridor which will be operational within the next 10 years, although this can be addressed through the annual budget process.

Council contribution towards Option 2 would represent an opportunity for Council to address the immediate indoor courts shortage in the north-west over the next 10 years, prior to the development of a larger required indoor sports facility in Epping North by 2029. There isn’t current budget allocation for this project in the draft 2020/2021 budget. Officers from Sport and Recreation Victoria have advised that this project would be eligible for potential State Government grants, noting that such funding is not guarenteed.

Option 3, which sees the development of a four-court facility on Council land, has been costed at a capital contribution of $15 million, the risk of rock has been catered for within this allowance. It would be likely that State and Federal Government grants would be secured for this option.

Critical Dates

The Club’s preference is to award tender of the stadium contract prior to the end of the 2019 calendar year. Establishment of any agreement for use should be executed and countersigned by both parties by 30 June 2020.

Financial Implications

A $5 million Council contribution is required as part of Council’s 2020-21 budget towards the proposed stadium facility. 

Policy strategy and legislation

Planning and investment into new and existing sport and recreational environments and infrastructure is vital in ensuring the future health, liveability and vibrancy of the Whittlesea community.

This is recognised through Council’s obligations under the Local Government Act (1989) “to improve the overall quality of life of people in the local community” (Section 3C 2c) and in a local context through the Active Whittlesea Policy Statement: ‘City of Whittlesea will make a positive contribution to community health and wellbeing outcomes by enhancing opportunities for residents to be more physically active, through addressing barriers to active participation across a diverse range of sport and physical recreation activities and environments’. Delivery of high quality, compliant netball and basketball infrastructure will contribute to the achievement of several high-level Council policies and objectives specifically:

Whittlesea 2040 - Goal 1 Connected Community. Specifically, goals: 1.2 – healthy and safe community – increase physical activity. 1.3 – A participating community.

Active Whittlesea Strategy 2019 – 2028 articulates Council’s commitment to ensuring all residents have the opportunity to lead healthy and active lives. Development of this document will respond directly to Key Direction 3 ‘Open Space / Infrastructure’ through ensuring local communities have access to places and spaces that are safe, inclusive, accessible and meet their needs.

Health and Wellbeing Partnership Plan 2017 – 2021 – Focus Area 5 of this plan aims to ‘Facilitate Access to Active Recreation Opportunities’, specifically outlining an action to implement a strategy to increase participation in active recreation, particularly amongst minority population groups.

It is noted that there is a potential policy tension in relation to Council’s Gambling Strategy. 

City of Whittlesea Gambling Strategy and Action Plan 2014 to 2024 - articulates Council’s long-term commitment to influence legislation and regulations that will reduce the harm associated with gambling, particularly from EGMs located in hotels and clubs.  It defines Council’s role and responsibilities in managing gambling and its commitment to supporting a ‘harm minimisation’ approach to gambling on EGMs.  The City of Whittlesea aims to reduce the detrimental impacts of gambling on the health and wellbeing of community, whilst acknowledging that use of EGMs is a legal recreational activity that forms part of a range of entertainment options.

link to strategic risks

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

Due diligence will be undertaken in relation to the finances of the Club prior to finalisation of any agreement. This partnership presents an opportunity to deliver community sporting infrastructure at a reduced cost to Council. In the current fiscal environment, Council cannot afford to fund all required infrastructure.

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

Council enters into partnership with a private entity that operates electronic gaming machines.  There is a potential policy tension with Council’s existing anti-gambling position. 

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

Council needs to take steps to ensure protection from any future potential insolvency or non-compliance on the Club’s behalf.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

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

Council Priority                             Health and Wellbeing

 

Declarations of Conflicts of Interest

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

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

Conclusion

This partnership presents an opportunity for Council to improve the provision of community sporting infrastructure, at a reduced cost to Council, but does present a potential policy tension and several risks as outlined within the report. While the provision of the courts will lead to an increase in participation, particularly for women, some visitors may access the gaming machines at the adjacent venue.

This infrastructure would provide a large range of physical activity opportunities for the Whittlesea community, particularly those in the western corridor of the city where there is a significant lack of provision of indoor sports courts.

On balance and whilst recognising all available evidence, risks, and benefits it is acknowledged that the potential partnership demonstrates community health and wellbeing benefits and is fiscally advantageous to Council.

As such, it is recommended that Council enters into partnership with the Casa D’Abruzzo Club for development of a four-court indoor sports stadium in Epping; and provisionally allocate a once off contribution of $5,000,000 as part of its 2020-21 budget, all subject to the execution of an agreement by the CEO.

 

 

 

 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.       Enter into a partnership with the Casa D’Abruzzo Club to develop a four-court indoor stadium, subject to finalisation of an agreement on terms acceptable to Council’s Chief Executive Officer;

2.       Note that based on the available evidence, risks, and benefits, on balance it is considered that the partnership demonstrates positive community health and wellbeing benefits;

3.       Make a one-off, capped contribution of $5,000,000 in the 2020-21 budget towards the development of the stadium complex at the Casa D’Abruzzo Club in exchange for guaranteed community access for at least 20 years in accordance with the agreement; and

4.       Authorise Council’s Chief Executive Officer to sign the agreement on behalf of Council.

 

DECLARation OF INTEREST

Cr Monteleone declared an indirect interest in this item to the Chief Executive Officer prior to the meeting.

Prior to the matter being considered or any vote taken in relation to the matter, Cr Monteleone left the Council Chamber at 7:24PM and advised the Mayor accordingly.

 

MOTION

Moved:                       Cr Alessi

Seconded:               Cr Kozmevski

THAT Council resolve to:

1.       Enter into a partnership with the Casa D’Abruzzo Club to develop a four-court indoor stadium, subject to finalisation of an agreement on terms acceptable to Council’s Chief Executive Officer;

2.       Note that based on the available evidence, risks, and benefits, on balance it is considered that the partnership demonstrates positive community health and wellbeing benefits;

3.       Make a one-off, capped contribution of $5,000,000 in the 2020-21 budget towards the development of the stadium complex at the Casa D’Abruzzo Club in exchange for guaranteed community access for at least 20 years in accordance with the agreement;

4.         Make its contribution conditional upon the Club agreeing not to increase EGM numbers for the full term of Victorian government entitlements (2022-2032);

5.         Make its contribution conditional upon the Club agreeing that there will be no increase to the operating hours of the EGMs on site; and

6.         Authorise Council’s Chief Executive Officer to sign the agreement on behalf of Council.

 

 

EXTENSION OF SPEAKING TIME

 

Moved:                       Cr Desiato

Seconded:               Cr Joseph

 

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

                                                                                                                                     CARRIED

COUNCIL RESOLUTION

Moved:                       Cr Alessi

Seconded:               Cr Kozmevski

THAT Council resolve to:

1.       Enter into a partnership with the Casa D’Abruzzo Club to develop a four-court indoor stadium, subject to finalisation of an agreement on terms acceptable to Council’s Chief Executive Officer;

2.       Note that based on the available evidence, risks, and benefits, on balance it is considered that the partnership demonstrates positive community health and wellbeing benefits;

3.       Make a one-off, capped contribution of $5,000,000 in the 2020-21 budget towards the development of the stadium complex at the Casa D’Abruzzo Club in exchange for guaranteed community access for at least 20 years in accordance with the agreement;

4.         Make its contribution conditional upon the Club agreeing not to increase EGM numbers for the full term of Victorian government entitlements (2022-2032);

5.         Make its contribution conditional upon the Club agreeing that there will be no increase to the operating hours of the EGMs on site; and

6.         Authorise Council’s Chief Executive Officer to sign the agreement on behalf of Council.

                                                                                                                                    CARRIED                                                                         

Division

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

 

For

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Kelly

Abstained

Nil

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

carried


Cr Monteleone returned to the Council Chamber at 7:49PM following the vote on this item.



UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.2.3      Youth Advisory Committee

Attachments:                        1        Draft Terms of Reference - Youth Advisory Committee   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Youth Services   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.       Endorse the Terms of Reference for a Youth Advisory Committee as per Attachment 1;

2.       Nominate two Councillors to be Council’s representatives on the Youth Advisory Committee, and

3.       Review the operation of the Youth Advisory Committee after 12 months.

KEY FACTS AND / OR ISSUES

·    At its meeting on 6 August 2019 Council considered Notice of Motion No. 875 and resolved to develop a Youth Advisory Committee and requested that Officers prepare a report outlining its operation including a draft Terms of Reference.

·    Youth participation is central to Council’s Youth Strategy, YouthPlan2030+.  The Youth Advisory Committee will provide a formal means for interaction and mutual information sharing between Council and young people, allowing young people to identify and advocate for issues of importance to them, and provide for an increased level of civic participation.

·    A draft Terms of Reference (see Attachment 1) has been developed for consideration and has been informed by similar youth committees in other municipalities and is based on best practice youth engagement and participation principles.

 

Report

INTRODUCTION

A Youth Advisory Committee provides opportunities for young people to participate and learn about civic and democratic processes and provides a mechanism for Council to receive advice and input from young people about youth-specific issues.  It provides a formal means for interaction and mutual information sharing between Council and young people, allowing young people to identify and advocate for issues of importance to them, and provide for an increased level of civic participation, to have a voice and influence as part of the political process. 

Background

Councillors have previously considered information related to potential options for Council to receive advice and input from young people relating to youth-specific issues. Council considered Notice of Motion No. 857 at the Council Meeting of 6 August 2019, and resolved “to develop a youth advisory committee, with a report outlining its operation including a Terms of Reference to be presented at a future Council meeting”.

Proposal

That Council consider the draft Terms of Reference for a Youth Advisory Committee and if endorsed, proceed with an expression of interest process to enlist young people to the committee for a 12-month term commencing in early 2020.

Council will need to nominate two Councillors to be its representatives on the Youth Advisory Committee.

Consultation

Council Officers consulted with young people from Baseline’s existing programs to discuss various engagement methods, including a Youth Advisory Committee.

The draft Terms of Reference were informed by similar youth committees in other municipalities and are based on best practice youth engagement and participation principles. These included examples from:

·    City of Moreland

·    Shire of Mitchell

·    City of Maribyrnong

·    City of Wyndham

·    City of Kingston

·    City of Yarra

·    City of Greater Geelong

·    Mount Alexander Shire

 

·    The National Centre of Excellence in Youth Mental Health

·    The Youth Affairs Council of Victoria

Council’s Governance Team was also consulted in the preparation of the draft Terms of Reference.

Critical Dates

An expression of interest process will be conducted in mid-October 2019 to engage young people in the Youth Advisory Committee to commence in early 2020.

Financial Implications

Development and facilitation of a Youth Advisory Committee would be undertaken within existing budgets.

Policy strategy and legislation

In November 2017 Council endorsed YouthPlan2030+, the strategic framework developed to guide its future investment in the wellbeing of young people. YouthPlan2030+ is informed by the voice of young people, their parents and sector experts. The plan is also informed by national and international literature and evidence on adolescent development and what constitutes good youth work practice, together with local data.

As well as being central to Council’s Youth Strategy, a commitment to youth participation is reflected in the Victorian Government’s Youth Policy, which includes a Youth Engagement Charter that outlines principles that guide the government’s engagement with young people and how it will give effect to those principles in practice.

One of the key directions under Whittlesea 2040 Goal 1: ‘Connected Community’ is ‘a participating community’. The Youth Advisory Committee aims to increase levels of civic participation in young people, allowing them greater opportunities to meaningfully participate in decisions impacting their lives.

link to strategic risks

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

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A participating community

Strategic Objective                        We have access to information, skill development and knowledge to participate in decision-making in an informed way

Council Priority                             Organisational Sustainability

 

 

Declarations of Conflicts of Interest

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

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

Conclusion

A Youth Advisory Committee will provide additional opportunities for young people to be actively involved in their community, having a say on issues impacting their lives.  It will give them a means of engaging directly with Councillors, and the ability to advocate on areas that are of importance to them.  It would also provide an opportunity for young people to gain experience of and insight into the functions of Council.

 

RECOMMENDATION

THAT Council resolve to:

1.       Endorse the Terms of Reference for a Youth Advisory Committee as per Attachment 1;

2.       Appoint Cr. ____________ and Cr. ____________ as Council’s representatives on the Youth Advisory Committee, and

3.       Review the operation of the Youth Advisory Committee after 12 months.

 

Council Resolution

Moved:                       Cr Sterjova

Seconded:               Cr Desiato

 

THAT Council resolve to:

1.       Endorse the Terms of Reference for a Youth Advisory Committee as per Attachment 1;

2.       Appoint Cr Sterjova and Cr Desiato as Council’s representatives on the Youth Advisory Committee; and

3.       Review the operation of the Youth Advisory Committee after 12 months.

 

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.2.4      Community Events Funding Program 2019-2020 - Summary of Recommendations

Attachments:                        1        CEFP 2019-20 - Summary of Funding Recommendations   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Arts, Heritage and Events   

 

RECOMMENDATION SUMMARY

1.      That Council endorse the recommendation to re-distribute $16,000 from the Neighbourhood Events category into the Festivals and Events category for the 2019/20 funding round; and

2.      That Council endorse the panel’s recommended allocation of the Community Events Funding Program (CEFP) totalling $86,000 outlined in attachment one.

KEY FACTS AND / OR ISSUES

·    At its meeting on 5 March 2019, Council endorsed the Community Events Funding Program with an allocation of $86,000 divided into two categories:

Neighbourhood Events with a pool of $30,000 (inviting applications up to $2,000) and

Festival and Events with a pool of $56,000 (inviting applications up to $20,000)

·    The CEFP 2019-2020 received 31 applications totalling $260,240 in funding requests. Of these, 13 applications are recommended for funding

·    The applications recommended for funding in the Neighbourhood Events Category totalled $14,000. The Management Panel recommended re-distributing the remaining $16,000 into the Festivals and Events category for this year.

·    Applicants were offered support in developing applications; information sessions were provided and Council Officers provided support and advice to each applicant via phone, email or face-to-face meetings

·    Each application was assessed and scored by two assessing officers. Applications recommended for funding (attachment one) meet the objectives of the program by promoting opportunity for participation and sharing through outdoor events that build community connection

·    Unsuccessful applicants will be supported to submit applications in future grant rounds.

 

 

Report

Background

Council’s CEFP is a new grant program endorsed by Council on 5 March 2019 to support community managed outdoor cultural events. The funding program has an allocation of $86,000 that is divided into two categories:

·    Neighbourhood Events has an allocation of $30,000 and invites applications for amounts up to $2,000

·    Festivals and Events has an allocation of $56,000 and invites applications for amounts up to $20,000

The CEFP contributes to achieving Whittlesea 2040: A Place for All by providing support to events that address local need and build on local capacity.  The community has told us that they love participating in festivals and events and this funding program will enable them to develop and deliver events which are culturally meaningful, presenting opportunities to interact with each other, volunteer time and skills, contribute to growing our local economy and building a positive sense of place and belonging. 

Overview of applications received

·    The CEFP 2019-2020 received 31 applications totalling $260,240 in requested funding

·    13 applications were for the Neighbourhood Events category

·    18 applications were for the Festivals and Events category

·    The overall total cost of events submitted was over $620,000 with a total estimated value of volunteer time towards event applications of approximately $260,000.

Assessment process

The CEFP assessment process was run in accordance with Council’s Grants Policy and Grant Administration Guidelines. Each organisation and project was assessed against the criteria outlined in the CEFP guidelines and key requirements.

The three-stage assessment process involved an initial eligibility review, two independent assessments by Council Officers, and a Management Panel assessment for final recommendations.

Each application was comprehensively assessed and weighted against the established criteria with 13 applications being recommended for funding; of those eight applications were recommended to receive their requested amount and five applications were recommended for partial funding.  14 applications were not recommended, and three were assessed as ineligible against the CEFP criteria.

Successful applicants receive funding for one year and can be considered again for funding in either category in future rounds.

Proposal

That Council endorse the recommendation to re-distribute funds from the Neighbourhood Events category to the Festival and Events category for the 2019/20 funding round and endorse the recommended allocations under the CEFP 2019-2020 totalling $86,000.

Consultation

Local community groups and the wider community were provided with timely information about the new funding program and opportunities to meet with Council’s relevant Officer to discuss proposals, including through Community Activity Centres, Facebook, existing networks, Council’s website and targeted information sessions. During these sessions Officers discussed each project and provided advice and support to applicants prior to submission.

The Summary of Funding Recommendations (attachment one) has been developed in consultation with assessors and the Grants Management Panel. 

Critical Dates

Applicants to the CEFP 2019-2020 will be notified of grants outcomes immediately after Council’s consideration of the funding recommendations.

Financial Implications

The CEFP 2019-2020 allocation is $86,000. The round comprises two categories of funding; Neighbourhood Events with a pool of $30,000 and Festivals and Events with a pool of $56,000. The applications recommended for funding in the Neighbourhood Events Category totalled $14,000. The Management Panel, therefore, recommended to allocate the remaining $16,000 into the Festivals and Events category increasing that pool to $72,000 for the 2019/20 funding round.

Policy strategy and legislation

The CEFP directly aligns with the following Council policies and strategies:

·    Whittlesea 2040: A Place for All, linking with Goal 1: Connected community.

·    Grants Policy

·    Festivals and Events Policy

 

link to strategic risks

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

Council’s commitment to supporting community cultural events is articulated in Whittlesea 2040: A Place for All.  Community managed events contribute to civic participation and social cohesion therefore contributing to positive community outcomes.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A participating community

Strategic Objective                        All residents will have the opportunity to participate in, contribute to and enjoy arts, cultural and recreational activities

Council Priority                             Community Safety

 

Declarations of Conflicts of Interest

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

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

Conclusion

The Community Events Funding Program leverages and builds upon the existing skills and capacity of our community assisting a range of local community groups to develop and deliver their own events.  The interest, excitement and community connection generated by the outdoor events proposed in these applications will provide an invaluable contribution to Council’s community vision.

 

RECOMMENDATION

THAT Council resolve to endorse the:

1.       Recommendation to re-distribute $16,000 from the Neighbourhood Events category into the Festivals and Events category for 2019/20; and

2.       Panel’s recommended allocation of the Community Events Funding Program (CEFP) totalling $86,000 outlined in attachment one.

 

Council Resolution

Moved:                       Cr Joseph

Seconded:               Cr Alessi

 

THAT Council resolve to adopt the Recommendation.

Carried


UNCONFIRMEDOrdinary Council Minutes                                                                            Tuesday 1 October 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.3       City Transport and Presentation

6.3.1      Contract 2019-2 Conservation Management Services Tender Evaluation Report

Attachments:                        1        2019-2 Tender Evaluation Report - Confidential attachment - Confidential

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

Responsible Officer:           Director City Transport & Presentation

Author:                                  Team Leader Environmental Management   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2019-2 for Conservation Management Services be awarded:

·    for a term from 1 December 2019 to 1 April 2025 with extension options to 1 April 2029

·    to Naturelinks Landscape Management

·    for the total lump sum and for the tendered schedule of rates with total expenditure limited to $7,000,000 (excl. GST).

KEY FACTS AND / OR ISSUES

The tender evaluation panel advises that:

·    The Conservation Management Services contract will provide a conservation and environmental maintenance service to a current estate of 48 conservation sites totalling 517ha.

·    Seven tenders were received and were all subjected to a thorough pre-agreed evaluation process.

·    The recommended tenderer Naturelinks Landscape Management was the highest ranked for both the North and South regions of the contract and is considered best value when considering all relevant factors including risks and references.

 

Report

Background

The purpose of this contract is to provide the City of Whittlesea with the services of a suitably qualified and experienced contractor to deliver a range of conservation and environmental services throughout the municipality. This contract will provide the primary maintenance services across 48 conservation sites with a current estate of 517ha. Maintenance activities include pest plant and animal management, revegetation, ecological burning and other biodiversity improvement works.

The sites included for management in the contract are a mix of Council owned bushland sites, developer offset sites and areas of local biodiversity importance. Provision has been made for an 8% increase in the conservation estate using forecasts and land use budgets provided by Council’s planning areas.

The lump sum contract replaces an existing Schedule of Rates contract for the services.  This contract reflects a varying levels of service approach and all sites have been classified according to the relative service inputs required. The Service Provider will, in partnership with Council, develop and implement longer term action plans for the delivery of the service.

 

To help maximise competition the contract was tendered in two parts which reflect a north-south municipality split:

•        Part A - South region

•        Part B - North region

Contemporary procurement methods were employed in this tender to help achieve best value outcomes that drive efficiency and innovation. This included the option for tenderers to nominate a yearly ‘Productivity Offset’ to reflect anticipated gains in the efficiency of contract delivery.

This approach has enabled Council to leverage the savings from the efficiency gains of tenderers. The new contract model further encourages innovation through a partnership approach with Council. The duration of the contract aligns with the Parks Maintenance and Tree Services contracts through to 2025. This will allow reassessment of the delivery model and continuous improvement through future service reviews.

It is anticipated that efficiencies will be gained under the proposed contract model including significant savings. The contract partnership model also encourages the Service Provider to prioritise Whittlesea as a client, create local employment opportunities and support social procurement initiatives.

Tenders for the contract closed on 26 June 2019.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

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

A Tender Probity & Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan. 

 

 

The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

60%

Capability

20%

Capacity

10%

Impact

10%

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

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

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A
Naturelinks Landscape Management

Yes

Yes

95.9

1

Tenderer B

Yes

Yes

84.9

2

Tenderer C

Yes

Yes

83.9

3

Tenderer D

Yes

No

66.9

4

Tenderer E

Yes

No

65.1

5

Tenderer F

Yes

No

62

6

Tenderer G

Yes

No

59.1

7

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

FINANCIAL IMPLICATIONS

Sufficient funding is available from approved recurrent budget allocations.

link to strategic risks

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

The nature of the service is highly variable and responsive to changing climatic conditions (e.g. drought or flood). The risk is that the nature of the service may shift because of unforeseen environmental conditions.

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

This contract is a new model in the delivery of conservation services for Council and will require diligent vendor management to ensure the service is delivered in an effective and timely way.

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Whittlesea 2040 Goal                    Sustainable environment

Whittlesea 2040 Key Direction     Valued natural landscapes and biodiversity

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

Council Priority                             Environmental Sustainability

This contract will help maintain the health of conservation reserves throughout the municipality by managing threatened flora and fauna species, pest plants and animals and ensure Council meets associated statutory obligations.

Declarations of Conflicts of Interest

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

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

CONCLUSION

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

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Naturelinks Landscape Management for the estimated total lump sum of $7,000,000 and schedule of rates detailed in the confidential attachment the following contract:

Number:    2019-2

Title:          Conservation Management Services

Term:         1 December 2019 to 1 April 2025

Options:    Term extensions up to 1 April 2029 (only to be exercised if separately approved by Council)

Value:        Total expenditure is limited to a maximum of $7,000,000 (excluding GST) unless otherwise approved by Council

subject to the following conditions:

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

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

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

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

Council Resolution

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                 Tuesday 1 October 2019

 

6.3.2      Redleap Recreation Reserve Master Plan

Attachments:                        1        Redleap Recreation Reserve Master Plan

2        Phase 1- Community Engagement and Participation Report

3        Phase 2- Community Engagement and Participation Report   

Responsible Officer:           Manager City Design & Transport

Author:                                  Parks & Open Space Projects Officer   

 

RECOMMENDATION SUMMARY

That Council endorse the Redleap Recreation Reserve Master Plan.

KEY FACTS AND / OR ISSUES

·    The City of Whittlesea’s Open Space Strategy (2016) recommends an upgrade to build on and strengthen Redleap Recreation Reserve as a key destination point for the surrounding community.

·    The scale of the upgrade for Municipal Level Open Space such as Redleap Recreation Reserve, caters for a suburban, rather than regional catchment.

·    The reserve’s proximity to the Stables Shopping Centre, attractive landscape settings, walking tracks, playground, and picnic areas attracts a significant number of visitors, making it the most highly visited open space in Mill Park prompting the requirement for a Master Plan.

·    A Master Plan has been prepared to guide the future direction of Redleap Recreation Reserve, meeting the contemporary leisure needs of the community and to address aging infrastructure and facilities. The Master Plan includes five key objectives developed in consultation with the community and key stakeholders, which set the direction for a vibrant and inviting park experience, addressing informal and formal play and recreation, improved public access and connectivity and a rejuvenated natural landscape.

·    The Master Plan has been developed in consultation with stakeholders and the community. Reaching out to key stakeholders and 700 households, 180 community members directly engaged in the process and overwhelming support was provided for all recommendations.

 

Report

Introduction

The Redleap Recreation Reserve is an 8.3 hectare (ha) active reserve situated in Mill Park, directly fronting onto Redleap Avenue and Moorhead Drive with a link to Childs Road via the Stables Shopping Centre car park. The reserve neighbours several schools including Mill Park Secondary College and St Francis of Assisi Catholic Primary School.

The City of Whittlesea’s Open Space Strategy (2016) identifies Redleap Recreation Reserve as a Municipal Level Open Space. The reserve caters for recreational needs, providing both informal and formal facilities with historical and natural values.

Redleap Recreation Reserve supports active and passive recreation at a municipal level and directly caters to the local community.  The reserve primarily accommodates football, cricket, basketball and passive recreation use, centralised around Peter Hopper Lake. The reserve attracts the highest visitor rate of a reserve in Mill Park.

The Reserve has a very attractive landscape setting which includes a lake and River Red Gums of significance and attracts a significant number of visitors with community members coming to feed the resident duck population, utilise the walking track around the lake, the picnic area and playground facilities.

The scale of the upgrade for Municipal Level Open Space differs from that of the four major community parks, catering for a suburban, rather than regional catchment. Unlike other reserves in the municipality, Redleap Recreation Reserve duplicates facilities with two smaller separate playgrounds, picnic facilities and car parks. This accommodates the large visitor numbers with a focus on local neighbourhood use.

Proposal

An action from the Open Space Strategy 2016, the Redleap Recreation Reserve Master Plan has been developed to guide future use and development of the reserve, to ensure that it continues to function as a high quality public open space reserve and meet the needs of the growing community.  

Five key objectives of the Master Plan (refer to attachment 1 for detail) were developed with consideration of the feedback from the community and stakeholders following exhibition of the plan. The key recommendations of the objectives and key actions are:

1.       Enhance the value of play with improved opportunities for varied age groups and skill sets.

Playground: Remove the north playground and upgrade the south playground to a municipal level playspace which caters to varied age groups and skill sets.

2.       Encourage community use by providing opportunities and space for community led events.

Open grass areas: maintain and enhance the open grass area to offer space for community led events.

Upgrade of reserve infrastructure: provide additional / upgraded infrastructure including drink fountains, picnic settings, seating and bins.

3.       Maintain and support active recreation and encourage and provide for passive recreation.

Toilets: upgrade the existing toilet facility, designed in accordance with the City of Whittlesea Public Toilet and Amenities Plan.

Cricket practice nets: Upgrade cricket practice nets and realign their location to improve access for pedestrians and general reserve users.

Basketball court: Provide a new multi-use basketball half court.

Dog off leash area: Provide a dedicated dog off leash area which is fully fenced and includes a drink fountain with integrated dog bowls, rubbish bins, bench seating and sensory elements.

Fitness: Create a 500m walking/ running circuit around Peter Hopper Lake, including distance markers every 100m. Create a dedicated area for a range of fitness equipment.

4.    Maintain and enhance the natural landscape.

Peter Hopper Lake: Conduct stormwater review and incorporate water sensitive urban design initiatives to improve the quality of the water.

Vegetation: Remove dense understorey vegetation to improve view lines through the reserve. Enhance the landscape character by revegetating garden beds and the periphery of the lake with native low story species and improve the landscape treatment around significant trees.

5.    Create an inviting park where the community feels safe and welcome

Path lighting: Provide solar lighting to the main path network and solar bollard lighting to the fitness circuit around Peter Hopper Lake to improve access and safety.

Forecourt areas: Upgrade paving in the forecourts of Mill Park Basketball Stadium and the AFL Cricket Pavilion.

Paths: Establishment of additional paths to increase connectivity and upgrade of existing granitic gravel and asphalt paths to concrete.

Accessibility: Improve the pedestrian access between the reserve, the Stables Shops and Mill Park Basketball Stadium.

Consultation

A tailored consultation process was undertaken to develop the Master Plan reaching out to key stakeholders and the general community. 180 community members directly engaged in the process and strong support was provided for all recommendations. 

Phase 1- Master Plan Development Phase 

Feedback was gathered from stakeholders and residents to understand how they currently use the reserve and what they would like to see to maximise opportunities for further use. This information informed the development of the draft Master Plan. Engagement included:

·    Key stakeholder meetings with representatives from Mill Park Football Club, Mill Park Cricket Club and the Norparrin Centre.

·    70 onsite interviews conducted over a two week period at different times of the day including middle of the day week day, after school, weekend, school holidays.

·    Children’s drawing activity conducted at the Rockin’ @ Redleap event, engaging 44 children, having conversations and gathering important local knowledge and ideas.

 

 

Phase 2 Consultation – Draft Master plan:

The draft Master Plan, was publicly exhibited to the community with 12 recommendations and was an opportunity to check that we had clearly heard stakeholders and community views, and to test that those views were appropriately integrated into the draft Master Plan.

To further promote the project and highlight the opportunity for engagement a variety of communication methods were utilised including: 

A direct mailout to 700 household within walking distance of the reserve

·    ‘Have your Say’ page on the City of Whittlesea website

·    Signage installed at the reserve

·    Social media posts

118 community members provided their feedback and demonstrated strong support for the draft Master Plan.  For further information on the community consultation, see attachment 2.

Financial Implications

The estimated budget required to implement the plan recommendations and actions is subject to further design development; however initial estimates places the cost at $2.6 million.  While some elements of the Master Plan can be funded through existing rolling open space programs, such as the cricket net upgrades, the bulk of the improvements will be subject to consideration as a project within Council’s future new works program.  

Policy strategy and legislation

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

·        Council’s 2040 Strategy and findings report 2018

·        Council Plan: Direction – Places and spaces to connect people

·        Open Space Strategy 2016

·        Active Whittlesea Strategy 2019-2028

·        Council’s Playspace Framework Policy 2013

·        Whittlesea 2030 Strategy

·        Disability Action Plan

·        Park Lighting Strategy

·        Shade Policy

link to strategic risks

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

The current sports and public open space infrastructure is aged with many of the site assets not currently included in Council’s asset renewal programs.  

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

Free and equitable access to well-maintained and safe public spaces is a recognised social indicator for healthy communities. Capital upgrade to recreation facilities and natural landscapes, in line with recommended actions from Council’s adopted Open Space Strategy 2016 is required to achieve high quality public spaces which are well connected, accessible, inclusive and designed to meet the cultural, passive and active recreational of the growing community.   

 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

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

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

Council Priority                             Planning and Infrastructure

 

Declarations of Conflicts of Interest

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

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

Conclusion

A Master Plan has been prepared to guide and provide direction for the future upgrades and improvements of Redleap Recreation Reserve. The Master Plan responds to aging infrastructure, connectivity and community concerns regarding safety, with recommendations being developed to create an inviting park experience where visitors feel safe and welcome. The consultation for the Master Plan has shown that Mill Park residents are overwhelmingly supportive of the Master Plan and are enthusiastic to see future upgrades to their local open space.

 

 

 

RECOMMENDATION

THAT Council resolve to endorse the Redleap Recreation Reserve Master Plan

 


Cr Desiato left the Council Chamber at 8:16PM prior to the vote on this item.


Council Resolution

Moved:                       Cr Alessi

Seconded:               Cr Kelly

 

THAT Council resolve to adopt the Recommendation.

Carried


Cr Desiato returned to the Council Chamber at 8:19PM following the vote on this item.


 

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                            Tuesday 1 October 2019

 

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