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Minutes

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 10 December 2019

AT 6.37pm

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

 

 

COUNCILLORS

 

EMILIA LISA STERJOVA               MAYOR, NORTH WARD

TOM JOSEPH                                  NORTH WARD

RICKY KIRKHAM                            NORTH WARD

ALAHNA DESIATO                         DEPUTY MAYOR, SOUTH EAST WARD

SAM ALESSI                                    SOUTH EAST WARD

NORM KELLY                                  SOUTH EAST WARD

MARY LALIOS                                 SOUTH EAST WARD

LAWRIE COX                                   SOUTH WEST WARD

STEVAN KOZMEVSKI                    SOUTH WEST WARD

CAZ MONTELEONE                       SOUTH WEST WARD

KRIS PAVLIDIS                               SOUTH WEST WARD


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

 

 

SENIOR OFFICERS

 

 

KELVIN SPILLER                               ACTING CHIEF EXECUTIVE OFFICER

RUSSELL HOPKINS                         DIRECTOR COMMUNITY SERVICES

BEN HARRIES                                   ACTING DIRECTOR CITY TRANSPORT & PRESENTATION

AMY MONTALTI                                ACTING DIRECTOR CORPORATE SERVICES

JULIAN EDWARDS                           ACTING DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

 

ORDER OF BUSINESS

 

The Acting Chief Executive Officer submitted the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3         MAYORAL STATEMENT – STRATHBOGIE SHIRE REPRESENTATIVE.. 9

1.4         Present.. 9

2.            Apologies.. 10

3.            Declarations of Interest. 10

4.            Confirmation of Minutes of Previous Meeting.. 10

5.            Questions, Petitions and Joint Letters.. 13

5.1         Questions To Councillors.. 13

5.1.1       CASA D'ABRUZZO PARTNERSHIP.. 13

5.2         Petitions.. 15

5.2.1       Petition - Traffic and Road Hazard Issues at Hamilton Court, Lalor VIC 3075. 15

5.3         Joint Letters.. 15

Nil Reports.. 15

6.            Officers’ Reports.. 17

6.1         Partnerships, Planning & Engagement. 19

6.1.1       Contract 2017-138 Variation - Infringement Management System.. 19

6.1.2       2365 Plenty Road, Whittlesea - Amendment to Planning Permit No.715913 for Buildings and Works associated with One additional Waterslide.. 23

6.1.3       2365 Plenty Road, Whittlesea - Amendment to Planning Permit No. 716618 to extend operating hours from 6.00pm to 8.00pm on seven days (to be nominated) per calendar year   33

6.1.4       46 Spring Street, Thomastown - Application for Extension of Time to Planning Permit 716669 for the Construction of two dwellings.. 45

6.1.5       240-258 High Street, Thomastown - Development of a 6-storey mixed-use building comprising of 76 dwellings (apartments), 6 retail premises, a reduction in car parking requirements, and an alteration of access to a road in a road zone, category 1. 61

6.1.6       1 Luke Court, Mill Park - Application for Extension of Time to Planning Permit 715334 for the construction of three dwellings.. 255

6.1.7       Planning Scheme Amendment C228 - 65W and 70W Regent Street. 269

6.1.8       New safety standards for private swimming pools.. 281

6.1.9       2019 Whittlesea 2040 Indicators Report. 287

6.1.10    Community Development Grants Program 2019 - 2020 Round Two Funding Recommendations.. 305

6.1.11    Epping Community Services Hub Partner Organisation Request. 325

6.2         Community Services.. 329

6.2.1       Netball and Basketball Plan.. 329

6.2.2       Health and Wellbeing Partnership Plan 2017-21:Progress Report. 375

6.2.3       RESPONSE TO JOINT LETTER - AUSTRALIA DAY AND OUR ABORIGINAL COMMUNITY.. 381

6.2.4       Aged Care Reform – Transition Plan.. 393

6.3         City Transport and Presentation.. 421

6.3.1       Contract 2018-132 Supply of Road, Drainage and Associated Street Lighting Works Tender Evaluation.. 421

6.3.2       Contract 2019-16 - All Abilities Play Space Stage 2 - Tender Evaluation Report. 427

6.3.3       2019/20 First Quarter New Works Program Report. 433

6.3.4       Thomastown Streetscape Improvement Works (Stage 1) Contract 2019-101 - Tender Evaluation Report. 453

6.4         Corporate Services.. 459

6.4.1       Contract 2017-181A Debt Collection Services - Tender Evaluation: 459

6.4.2       Contract 2020-1 Facility Trade Services - Tender Evaluation Report. 463

6.4.3       Tender Evaluation: 2019-42 Cleaning Services.. 467

6.4.4       COUNCIL ACTION PLAN 2019/20 - PROGRESS UPDATE.. 473

6.4.5       Quarterly Safety and Wellbeing report - September 2019 update.. 483

6.4.6       Quarterly Financial Report Q1 - September 2019. 489

6.5         Executive Services.. 509

6.5.1       Appointment of Councillor Delegate to the Municipal Fire Management Planning Committee.. 509

6.5.2       Interstate Conferences 2020. 513

6.5.3       Assemblies of Councillors - 10 December 2019. 517

6.5.4       Meetings of the Chief Executive Officer 31 October 2019 - 20 November 2019. 523

7.            Notices of Motion.. 527

7.1           Notice of Motion 878 - Funding of facilities at Shield Street, Epping (Prism Park) 527

7.2           Notice of Motion 879 - Funding of indented parking in Josef Street, Bundoora.. 529

7.3           Notice of Motion 880 - Mernda Aquatic & Indoor Sports Centre.. 531

7.4           Notice of Motion 881 - Public Toilets at David Street, Lalor   533

9.            Urgent Business.. 535

10.         Reports from Delegates Appointed to Council by Other Bodies. 535

11.         Confidential Business. 537

11.1       Partnerships, Planning & Engagement. 537

Nil Reports.. 537

11.2       Community Services.. 537

Nil Reports.. 537

11.3       City Transport and Presentation.. 539

11.3.1    Redevelopment of the Mill Park Leisure Centre, Mill Park Contract 2017-101 - Update on Project and Contract Variation Report. 539

11.4       Corporate Services.. 541

Nil Reports.. 541

11.5       Executive Services.. 543

11.5.1    GOVERNANCE RELATED LEGAL ADVICE.. 543

11.5.2    OUTCOME OF INDEPENDENT INVESTIGATION AND PROBITY AUDIT  545

11.6       Notices of Motion.. 547

Nil Reports.. 547

12. uRGENT BUSINESS.. 549

12.1 INTERIM ALTERNATE RECYCLING OPTIONS.. 549

12.2 INTERIM ALTERNATE RECYCLING OPTIONS.. 551

12.3        URGENT BUSINESS - INTERIM ALTERNATE RECYCLING OPTIONS - MAKING PART OF INFORMATION PROVIDED TO COUNCILLORS IN A MEMO DATED 6 DECEMBER 2019 AVAILABLE TO THE PUBLIC.. 557

12.4        URGENT BUSINESS - COUNCIL'S DECISION 19 NOVEMBER 2019 RELATING TO ROLE OF THE MAYOR.. 559

12.5        URGENT BUSINESS - TERMINATION THE CONTRACT OF EMPLOYMENT WITH CHIEF EXECUTIVE OFFICER SIMON OVERLAND   561

12.6        URGENT BUSINESS - LEGAL ADVICE PROVIDED TO COUNCILLORS  563

13.         adjournment. 565

 

 

Note:

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

 

 

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Chief Executive Officer opened the meeting with a prayer at 6:37pm.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Sterjova 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.”

1.3       MAYORAL STATEMENT – STRATHBOGIE SHIRE REPRESENTATIVE

The Mayor, Cr Sterjova announced that Cr John Mason from Strathbogie Shire Council and his wife were in attendance at the meeting:

“I would like to acknowledge Cr John Mason in the audience from Strathbogie Shire Council and his lovely wife Kerry. I met him only a few days ago at the Mayoral Induction Day and I am so overwhelmed in regard to his support by coming all the way down to Whittlesea. It is wonderful to have you here.”

1.4       Present

Members:

Cr Emilia Lisa Sterjova        Mayor (North Ward)

Cr Tom Joseph                    Councillor (North Ward)

Cr Ricky Kirkham                Councillor (North Ward)

Cr Alahna Desiato               Deputy Mayor (South East Ward)* entered the meeting at 6:41pm

Cr Sam Alessi                      Councillor (South East Ward)

Cr Norm Kelly                      Councillor (South East Ward)

Cr Mary Lalios                     Councillor (South East Ward)

Cr Lawrie Cox                     Councillor (South West Ward)

Cr Stevan Kozmevski          Councillor (South West Ward)

Cr Caz Monteleone             Councillor (South West Ward)

Cr Kris Pavlidis                    Councillor (South West Ward)

Officers:

Mr Kelvin Spiller                  Acting Chief Executive Officer

Mr Russell Hopkins             Director Community Services

Mr Ben Harries                    Acting Director City Transport & Presentation

Ms Amy Montalti                  Acting Director Corporate Services

Mr Julian Edwards               Acting Director Partnerships, Planning & Engagement

Mr Michael Tonta                 Manager Governance

 


Cr Desiato entered the Council Chamber at 6:41pm.


2.         Apologies

Nil

3.         Declarations of Interest

NIL


Cr Lalios left the Council Chamber  prior to the vote on the confirmation of the Minutes of the Ordinary Meeting held on 12 November 2019.


4.         Confirmation of Minutes of Previous Meeting

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT the Minutes of the Ordinary Meeting of Council held 12 November 2019, as circulated, be confirmed.

LOST


Cr Lalios returned to the Council Chamber following the vote on the confirmation of the Minutes of the Ordinary Meeting held on 12 November 2019 and prior to the vote on the confirmation of the Minutes of the Adjourned Ordinary Meeting of Council held 19 November 2019.


 

 

COUNCIL RESOLUTION

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT the Minutes of the Adjourned Ordinary Meeting of Council held 19 November 2019, as circulated, be confirmed.

 CARRIED


In accordance with clause 72 of the Procedural Matters Local Law (No 1 of 2018), Cr Cox requested that his opposition to the Council Resolution be recorded.


 

 

 

 

COUNCIL RESOLUTION

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT the Minutes of the Special Meeting of Council held 23 November 2019, as circulated, be confirmed.

 CARRIED


In accordance with clause 72 of the Procedural Matters Local Law (No 1 of 2018), Cr Cox requested that his opposition to the Council Resolution be recorded.


 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Cox

Abstained

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Joseph

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

carried

council resolution

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT the Minutes of the Special Meeting of Council held 3 December 2019, as circulated, be confirmed.

 CARRIED

 

 

 

 

 

 

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Nil

Abstained

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Joseph

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

carried

 


 

5.         Questions, Petitions and Joint Letters

5.1       Questions To Councillors

5.1.1    CASA D'ABRUZZO PARTNERSHIP

FERNANDO CARDINALE

The Committee of the Casa D’Abruzzo Club would like Council to explain why on the 19th November 2019 Council resolved to hold no further discussions with the Casa D’Abruzzo Club relating to the proposed partnership with Council to construct an indoor sports stadium on land owned by the Club.  

When on 1st October 2019 Council resolved the following – 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.

THE MAYOR – CR EMILIA LISA STERJOVA

At our adjourned meeting on 19 November Council decided to no longer pursue a partnership with Casa D’Abruzzo to build sports courts in Epping.

Councillors raised several factors influencing the decision including that despite being offered a lease, Council would not own the land the courts were built on.

When we further considered all the factors, Council decided it could not pursue the partnership to build the courts.

We understand that there is a need for more sports courts in our community and we will work strongly with the state government through Growing Suburbs Fund to develop more sporting facilities across the City of Whittlesea.

We are happy to talk with you further about the decision.

 

 

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 10 December 2019

 

5.2       Petitions

5.2.1    Petition - Traffic and Road Hazard Issues at Hamilton Court,   Lalor VIC 3075

Cr Kirkham tabled a petition received from 34 residents requesting Council consider traffic and road hazard issues at Hamilton Court, Lalor VIC 3075.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Lalios

 

THAT Council resolve to receive the petition requesting Council consider traffic and road hazard issues at Hamilton Court, Lalor VIC 3075 and a report be prepared.

 

Carried

 

5.3       Joint Letters

            Nil Reports 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.         Officers’ Reports

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to adopt the Recommendations for item numbers 6.1.7, 6.1.8, 6.1.11, 6.2.2, 6.3.1, 6.3.2, 6.3.4, 6.4.1, 6.4.2, 6.4.3, 6.4.4, 6.4.5, 6.5.2, 6.5.3 and 6.5.4.

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 10 December 2019

 

6.1       Partnerships, Planning & Engagement

6.1.1      Contract 2017-138 Variation - Infringement Management System

Attachments:                        1        Contract Variation 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:           Acting Director Partnerships, Planning & Engagement

Author:                                  Manager City Safety and Amenity   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2017-138 for Infringement Management System:

·    is varied by $288,204 (excl. GST).

·    to a new contract sum of $982,869.25 (excl. GST).

KEY FACTS AND / OR ISSUES

The contract manager advises that:

·    The infringement management system contract was awarded to Database Consultants Australia in December 2018.

·    The infringement management system is an integrated system that is used to manage all types of infringements throughout the infringement lifecycle. It will enable officers to issue infringements, manage payment plans, conduct infringement appeals and prosecute unpaid infringements.

·    This variation is required for a back-end infringement management solution to manage infringement appeals and prosecutions. It is a critical element of the system to ensure that infringement management is integrated and efficient.

·    The back-end infringement management solution was included in the original scope of this tender.

·    At the time of awarding the original contract, a new back-end solution was emerging which required further exploration. Investigations have been completed and this report makes a recommendation on the final product.

·    The contract has been performed satisfactorily to date.

 

 

Report

Background

The infringement management system contract was awarded to Database Consultants Australia in December 2018.  A summary of the financial performance of the contract is provided in the confidential attachment.

The contract commenced on 25 June 2019 and the current approved end date is 31 December 2021.  Options exist to extend the contract up to 31 December 2023.

The infringement management system is an integrated system that is used to manage all types of infringements (including parking, animals, local law, asset protection, litter, planning, health and fire infringements) throughout the infringement lifecycle.

The system will enable officers to issue infringements, manage payment plans, conduct infringement appeals and prosecute unpaid infringements.

This variation is required for a back-end infringement management solution to manage infringement appeals and prosecutions. It is a critical element of the system to ensure that infringement management is integrated and efficient.

The back-end infringement management solution was included in the original scope of this tender.

At the time of awarding the original contract, a new back-end solution was emerging which required further exploration. Investigations have been completed and this report makes a recommendation on the final product.

VARIATION

The contract has been performed satisfactorily however a variation of $288,204 is now required for a back-end infringement management solution to manage infringement appeals and prosecutions.  Further details of the requested variation are provided in the confidential attachment.

FINANCIAL IMPLICATIONS

Sufficient funding for this contract is available in the budget for technology reserve.

link to strategic risks

Strategic Risk Information Management - Failure to effectively manage Council’s information and records, including IT systems

Current infringement management software is outdated and is becoming obsolete, which was the purpose of introducing the overall infringement management system. This variation relates to a critical element of the overarching infringement management system as without it, infringement appeals and prosecutions would not be supported.

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 proposed system is best practice across the local government sector, with 41 councils in Victoria using this software to deliver their services.

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

Variation of the contract is sought in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2017-138, for Infringement Management System to:

1.       Approve a variation of $288,204 (excluding GST) making a revised contract sum of $982,869.25 (excluding GST).

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

 

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Cox

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.2      2365 Plenty Road, Whittlesea - Amendment to Planning Permit No.715913 for Buildings and Works associated with One additional Waterslide

Attachments:                        1        Site Plans

2        Locality Maps   

Responsible Officer:           Team Leader Planning Services

Author:                                  Planning Officer   

 

APPLICANT:                                  Studio IOD

ZONING:                               Green Wedge Zone

OVERLAY:                            Significant Landscape Overlay (Schedule 1)

REFERRAL:                          Nil

OBJECTIONS:                      Nil

RECOMMENDATION SUMMARY

That Council resolve to approve the application to Amend Planning Permit No. 715913 and grant an Amended Planning Permit for the proposed buildings and works associated with one additional waterslide at 2365 Plenty Road, Whittlesea (Funfields).

KEY FACTS AND / OR ISSUES

·        Planning Permit 715913 was originally issued on 24 August 2016 and amended on 13 July 2019 for buildings and works (including earthworks) to construct a waterslide and associated pump room and outdoor eatery.

·        The application seeks to amend Planning Permit No. 715913 to add one additional waterslide to the existing Funfields facility in Whittlesea.

·        Advertising of the application was carried out via way of written notice to adjoining and adjacent owners and a sign placed on site.  No objections were received.

·        The proposal accords with the objectives of the Whittlesea Planning Scheme and is considered appropriated subject to continuous compliance with existing permit conditions to control off site impacts from activities on the site.

 

 

Report

SITE AND SURROUNDING AREA

The site is located on the western side of Plenty Road, south of the Whittlesea Township (see Attachment 1).  The site comprises an area 15.6ha and rises gradually from Plenty Road towards the central section of the property and then further rises more steeply to the rear (western) boundary of the site, which forms part of the Whittlesea Hills.

The Funfields Theme Park contains a number of amusement rides, water theme-based activities and associated recreational areas such as barbeques.  Entry to the site is via Plenty Road, which provides access to a sealed car parking area and associated unsealed overflow car park area.  Mature planted vegetation is provided throughout the site and along boundaries to the residential interfaces.  A caretaker’s residence is also established on the site under the original Permit.

Land to the north abuts a standard density residential area, separated by a 12m wide tree reserve (a total of 14 dwellings abut this interface).  Land to the south abuts a low density residential area (six lots containing existing dwellings).  Land to the west abuts rural land used for grazing purposes.  Land to east, opposite Plenty Road, is currently vacant and zoned for low density residential purposes.

BACKGROUND

The site has operated as an amusement type park in various formats and intensity for some 30 years.  Over this period numerous planning permits have been granted for a range of facilities, rides and associated works. 

Planning Permit 715211 was issued on 7 May 2015 for buildings and works to construct a water slide.  The current proposal seeks to add to that waterslide.

All use conditions associated with operation of the amusement park are managed under the original planning permit (amended) for the site.

restrictions and easements

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

Proposal

It is proposed to construct an additional waterslide to the existing ‘tornado wave’ waterslide facility. This additional waterslide will be connected to the existing Standing Tower and existing Splash Down Pool.

The existing waterslide site is located towards the centre rear of the site, attached to the existing braided water slide and southwest of the existing wave pool.

The new waterslide is proposed to have a maximum height of 18.97m above natural ground level at the highest point and has a length of approximately 90m. It is proposed to be a curved-wall funnel ride, and the largest part of the funnel will be 20 metres in diameter.

The colour of the new waterslide will be ‘rainbow colours’ as detailed in the plans (see Attachment 2) and this new waterslide will be made out of fibre glass and supported by aluminium space frame alloy with steel support columns.

Public Notification

The application was advertised for a period of 14 days by way of written notice to adjoining and adjacent owners/occupiers and a sign placed on site.  No objections were received at the conclusion of this advertising period.

PLANNING ASSESSMENT

Planning Policy Framework

The application has been assessed and is consistent with the Planning Policy Framework.

Clause 11.01-1R – Green Wedges outlines strategies that aim to ‘support development in the green wedge that provides for environmental, economic and social benefits’.  Clause 12.05–2s Landscapes requires that consideration be given to protecting and enhancing significant landscapes and their associated values.

Clause 17.04-1S – Facilitating Tourism and Clause 17.04-1R – Tourism in Metropolitan Melbourne, which seek to ‘maintain and develop Metropolitan Melbourne as a tourism destination’ and ‘encourage tourism development to maximise the employment and long term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination’.

Local planning policy provisions also seek to support tourism, but at the same time also seek to recognise and protect visually sensitive areas and landscapes, as detailed at Clause 21.05-3 – Rural Land Character Areas.

For the reasons further set out in this report, the proposed development is considered to be consistent with tourism, green wedge and landscape objectives as set out in State and Local planning policy provisions.

Zoning and Overlay Provisions

Clause 35.04 - Green Wedge Zone

An objective of the Green Wedge Zone seeks ‘to recognise, protect and conserve green wedge land for agricultural, environmental, historic, landscape, recreational and tourism opportunities’. 

The use of the land, including patron management, traffic management, use of external sound amplification equipment (loud speakers), hours of operation, number of patrons and waste management has been established and is managed under Planning Permit No. 716618, which was amended on 27 December 2017 to reflect current conditions.

It is considered that the proposed development is located in an area capable of accommodating an additional waterslide.  While the site adjoins residential areas, the siting of this waterslide facility is located approximately 130.0m from the northern property boundary is considered suitable and compatible with the adjoining residential area (subject to continuous compliance with existing permit conditions to control off site impacts from activities on the site).

Clause 42.03 - Significant Landscape Overlay – Schedule 1

The site is affected by a Significant Landscape Overlay - Schedule 1 relating to the protection and enhancement of the Whittlesea Hills. 

A permit is required to construct a building and/or carry out works within a Significant Landscape Overlay.

It is considered that the proposed additional waterslide will suit the existing amusement park use on site and will not detrimentally affect the conservation and enhancement of the area including visual amenity given that the slide is significantly setback from neighbouring properties boundaries (130.0m from the northern property boundary and 85.0m from the southern property boundary) to ensure residential amenity is not compromised, and is setback from any native vegetation.

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 additional waterslide has been assessed against the relevant provisions of the Whittlesea Planning Scheme and demonstrates a satisfactory level of compliance. It is considered that the proposal will not have a detrimental impact on neighbouring properties due to the significant setbacks to the site boundaries and the presence of some landscaping along the boundaries. Accordingly, approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve the application to amend Planning Permit No. 715913 and issue an Amended Permit for buildings and works associated with one additional waterslide in accordance with the endorsed plans and subject to the existing conditions contained within the permit. 

The following permit note will be added at the end of the permit:

Date of Amendment

Description of Amendment

10 December 2019

·    Planning Permit amended to allow for the buildings and works associated with one additional waterslide.

 

 

Council Resolution

Moved:                       Cr Desiato

Seconded:               Cr Kirkham

 

THAT Council resolve to adopt the Recommendation.

CarrieD UNANIMOUSLY

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                       Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.3      2365 Plenty Road, Whittlesea - Amendment to Planning Permit No. 716618 to extend operating hours from 6.00pm to 8.00pm on seven days (to be nominated) per calendar year

Attachments:                        1        Locality Maps   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Planner   

APPLICANT:                                  Studio IOD

ZONING:                               Green Wedge Zone (GWZ)

OVERLAY:                            Significant Landscape Overlay Schedule 1 (SLO1)

REFERRAL:                          Nil

OBJECTIONS:                      Six

RECOMMENDATION SUMMARY

That Council resolve to refuse the application to amend the Planning Permit to allow an extension of operating hours from 6.00pm to 8.00pm on seven days per year (typically during January) with days to be nominated depending on weather.

KEY FACTS AND / OR ISSUES

·        The site is the existing “Funfields” theme park, located on the western side of Plenty Road, Whittlesea.

 

·        The original Planning Permit was issued in 1984 by the then Melbourne and Metropolitan Board of Works, allowing for the establishment of the land for the “Outdoor Recreation Park” and later amended in 2017 to bring operational conditions up to date.

 

·        The current application seeks to amend the Permit to extend operating hours from 6.00pm to 8.00pm on seven days per calendar year.

 

·        The proposed days are not nominated and would be selected by the operator, however are anticipated to be in January.

 

·        Advertising of the application has resulted in five objections being received, primarily expressing concern with amenity impacts.

 

·        It is recommended that Council refuse the application as the additional hours will cause an unreasonable impact on the amenity of the surrounding residential area.

 

Report

SITE AND SURROUNDING AREA

The Funfields Theme Park contains a number of amusement rides, water theme-based activities and associated recreational areas such as barbeques.  Entry to the site is via Plenty Road, which provides access to a sealed car parking area and associated unsealed overflow car park area.  Mature planted vegetation is provided throughout the site and along boundaries to the residential interfaces.  A caretaker’s residence is also established on the site under the original Permit.

The site is located on the western side of Plenty Road, south of the Whittlesea Township (see Attachment 1).  The site comprises an area 15.6ha and rises gradually from Plenty Road towards the central section of the property and then further rises more steeply to the rear (western) boundary of the site, which forms part of the Whittlesea Hills.

Land to the north abuts a standard density residential area, separated by a 12m wide tree reserve (a total of 14 dwellings abut this interface).  Land to the south abuts a low density residential area (six lots containing existing dwellings).  Land to the west abuts rural land used for grazing purposes.  Land to east, opposite Plenty Road, is currently vacant and zoned for low density residential purposes.

BACKGROUND

The site has operated as an amusement type park in various formats and intensity for some 30 years.  Over this period numerous planning permits have been granted for a range of facilities, rides and associated works. 

The original permit restricted operating hours, which were further refined under the last amendment to this permit.

restrictions and easements

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

Proposal

The application seeks approval for the extension of operating hours for an additional two hours, from 6.00pm to 8.00pm on seven days per calendar year.  These days are not nominated other than likely to occur in January.

The current proposal is to amend Condition 18 of the Permit, which presently reads as follows:

18.       Without the prior written consent of the Responsible authority the use hereby permitted shall operate only between the hours of 9.00am to 6.00pm daily.

To:

18.    Without the prior written consent of the Responsible authority the use hereby permitted shall operate only between the following:

Daily                                        9:00 am to 6:00 pm

Seven (7) days In January         On any Seven (7) days in January to be nominated with up to 5 days’ notice on Funfields website and social media platforms’.  The operation hours of the park will be increased by two hours and be 9:00 am to 8:00 pm.

The seven days to be nominated are expected to be during the month of January, and the selection to be subject to weather conditions.  Up to five days advance notice would be provided of the staying open late days on the Funfields website and via social media platforms.

 

There would be consequential amendments to the Patron Management Plan and Traffic Management Plan to address the extended operating hours.

 

All rides and facilities would operate during the extended hours, except for the go-kart track which would still close at 6.00pm.

 

There would be no change in the permitted number of patrons during the proposed extended hours (as permitted by Condition 22 of the Permit).

Public Notification

The application was advertised for a period of 14 days by way of written notice to adjoining and adjacent owners/occupiers and a sign placed on site.  Advertising of the application has resulted in six objections being received (see Attachment 2).  The grounds of objection can be summarised as follows:

1.       The extent of people screaming on the site, which if hours were to be extended to 8.00pm would extend into the evening hours and further disturb residential amenity of adjacent residents, which is considered unreasonable.

2.       The current time of operation already has a significant adverse impact on residents.

3.       The level of noise from Funfields has continually increased with the introduction of new/additional rides, such as the wave pool, volcano and ‘voodoo’ ride.

4.       Disturbance from the departure of vehicles will extend through to 8.00pm and beyond.

5.       The fence along the boundary is ineffective as a noise barrier with many dwellings being higher due to the topography.

6.       The acoustic report, patron management plan and traffic report are largely ineffective in controlling impacts to residents.

7.       Cleaning is usually undertaken after closing and includes the use of blowers and high-pressure water cleaners.

PLANNING ASSESSMENT

Planning Policy Framework

 

The application has been assessed against the Planning Policy Framework.

The high level policy basis of Clause 11 (Settlement) states that planning is to recognise the need for, and as far as practicable contribute towards (among other things) economic viability as well as a high standard of urban design and amenity.  It also states that Planning is to prevent environmental and amenity problems created by siting incompatible land uses close together.

Although the current proposal does not include any development aspect (i.e. hours relating to use only) it is noted that Clause 11.01-1R (Green Wedges – Metropolitan Melbourne) has a strategy that aims to support development in the green wedge that provides for environmental, economic and social benefits.  Further, Clause 12.05-2S (Landscapes) requires that consideration be given to protecting and enhancing significant landscapes and their associated values.

 

Clause 17.04-1S (Facilitating Tourism) and Clause 17.043-1R (Tourism in Metropolitan Melbourne) seek to maintain and develop Metropolitan Melbourne as a tourism destination and encourage tourism development to maximise the employment and long term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination.

The amusement park is established and therefore at a high level is consistent with State and Local Planning Policy, however policy requires consideration of amenity impacts associated with intensification of use and in this instance, there are real concerns with expanding the hours of operation and the associated impact on the amenity of the nearby residential area

Zoning and Overlay Provisions

There are a number of imperatives throughout the Planning Scheme to limit adverse impacts arising from incompatible adjoining land uses and to limit the effect on the amenity of the area.

The proposal to extend the hours is likely to adversely impact on the adjoining and nearby residents, and therefore refusal of the proposal is recommended.

Notably, the use itself has incrementally been intensified with additional rides and facilities over recent years, which has contributed to increasing noise levels.  While the patron numbers are capped at 4,600 people, this number excludes ‘season pass holders’.  There is no intention to reduce the number of patrons during the proposed extended hours, and in any event any such reduction would be difficult to implement or enforce.

In relation to noise impacts, the applicant was requested to address how noise will be managed during the proposed extended hours – noting that under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No.N-1 (SEPP N-1), the hours from 6.00pm to 10.00pm (weekdays) constitute “evening” hours where lower noise limits apply.

In response the applicant has submitted the Acoustic Report which was prepared for the Wave Pool.  A specific acoustic report to address the entire use when in operation (i.e. with patrons) to assess and limit the noise levels during the extended time period would be required before any decision could be made on the change.  Due to the topography of the site, any acoustic fence on the boundary is of very limited effect.

The stated intention of providing up to five days advance notice of the extended hours, once a day is selected for the extended hours, and by the Funfields website and social media is not considered adequate notice to residents or to Council.

Concerns have been raised by a number of objectors primarily relating to noise and amenity impacts and in the absence of sufficiently addressing those concerns, the extension of hours should not occur.

Declarations of Conflicts of Interest

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

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

Conclusion

The proposal for additional hours has not satisfactorily addressed concerns associated with amenity having regard to the relevant sections of the Whittlesea Planning Scheme.  Accordingly, refusal of the application is recommended.

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 716618 and issue a Notice of Decision to Refuse to Grant an Amendment to a Permit for the extension of hours on up to seven days per calendar year (typically January) on the following grounds:

1.       The proposal would cause an unreasonable adverse amenity impact to adjoining and nearby residential areas.

2.       The proposed additional hours encroach into the “evening” hours under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No.N-1 (SEPP N-1) and it has not been demonstrated that compliance can be achieved.

council resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to:

Approve Planning Application No. 716618 and issue a Notice of Decision to approve to Grant an Amendment to a Permit for the extension of hours on up to seven days per calendar year (during January) at 2365 Plenty Road, Whittlesea in accordance with the endorsed plans and subject to the following conditions:

1.         Within three months of the date of the amended permit, three copies of the following management plans must be submitted to and approved by the Responsible Authority.  When approved, the plans will be endorsed and will then form part of the permit. The plans must include:

a)         A Patron Management Plan that outlines:

i)          staffing and other measures which are designed to ensure the orderly arrival and departure of patrons

ii)        signage to be used to encourage responsible off-site patron behaviour

iii)       the training of staff in the management of patron behaviour

iv)       staff communication arrangements

v)        measures to control noise emissions from the premises

 

b)        A Traffic Management Plan that is generally in accordance with that submitted with the application, but modified to include:

i)          the location of all areas onsite to be used for staff and patron parking

ii)        specification of staff numbers adequate to enable efficient operation of car parking areas onsite

iii)       the number and location of all onsite security staff

iv)       the means by which the direction of traffic and pedestrian flows to and from car parking areas will be controlled onsite

v)        measures to discourage patron car parking in the surrounding road network.

vi)       measures to preclude staff parking in designated patron car parking areas

vii)      staffing and other measures to ensure the orderly departure and arrival of patrons especially any large groups departing at closing time

viii)    servicing of the drainage and maintenance of car parking areas.

2.         The layout of the site and the size of the proposed buildings and works as shown on the endorsed plan shall not be altered or modified (whether or not in order to comply with any Statute, Statutory Rule or By-law or for any other reason) without the consent of the Responsible Authority.

3.         Provision shall be made for the drainage of the site to the requirements of Council.

4.         A reticulated water supply shall be provided to the requirements of the Melbourne and Metropolitan Board of Works.

5.         All sewage and sullage waters shall be treated in accordance with the requirements of the Health Commission of Victoria and the Council. All effluents shall be disposed of and contained within the curtilage of the land to the satisfaction of the Environment Protection Authority and shall not be discharged directly or indirectly to an adjoining property, street or any watercourse or drain. Sufficient land shall be set aside and kept available for the purpose of effluent disposal.

6.         The area set aside for parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall.

a.    be provided and completed to the satisfaction of Responsible Authority prior to the commencement of the use hereby permitted;

b.    thereafter be maintained to the satisfaction of the Responsible Authority;

c.    be made available for such use at all times and not used for any other purpose;

d.    be properly formed to such levels that it can be used in accordance with the plan;

e.    be paved with crushed rock or gravel of an adequate thickness to prevent the formation of potholes and depressions according to the nature of the subgrade and the vehicles which will use the area;

f.     be adequately drained and maintained continuously in useable condition;

g.    have the boundaries of all vehicle spaces clearly indicated on the ground in conformity with the endorsed plan.

7.         The surface of the car park area shall be so treated as to prevent loss of amenity to the neighbourhood by emission of dust and the discharge of drainage.

8.         The section of the access driveway within 50 metres of the frontage to plenty Road shall be provided with an all-weather sealcoat.

9.         No vehicle under the control of the operator under this permit or his staff shall be parked in the streets nearby.

 

10.      The loading and unloading of vehicles and the delivery of goods to and from the store or other place where goods are or are to be kept shall at all times be effected within the curtilage.

11.      The area set aside for landscaping on the endorsed plan shall be planted and maintained to the satisfaction of the Responsible Authority.

12.      Concrete kerbs or such other form part of barrier as the Responsible Authority may approve, of sufficient height to prevent the passage of vehicles, shall be provided between landscape areas and areas provided for the parking or passage of vehicles.

13.      The use hereby permitted shall not cause injury to or prejudicially affect the amenity of the locality by reason of the processes carried on, the transportation of materials, goods and commodities to and from the premises or by reason of the appearance of any building, works or materials or by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or of the presence of vermin or otherwise.

14.      External lighting shall be provided with suitable baffles and located such that no direct light is emitted outside the site.

15.      No goods shall be stored or left exposed outside of the building so as to be visible from any public road or thorough fare.

16.      No external sound amplification equipment or loud speakers may be used other than for the purpose of an emergency public announcement address system and to permit reasonable level background music within the boundaries of the site, in accordance with the relevant EPA Guidelines.

17.      Access to the site and any ancillary roadworks shall be constructed in accordance with the requirements of the Road Construction Authority and Council and in accordance with endorsed plan Annexe 1.

18.      Without the prior written consent of the Responsible authority the use hereby permitted shall operate only between the following:

a.    Daily: 9:00 am to 6:00 pm

b.    Seven days In January:  On any seven days in January to be nominated with up to five days’ notice on Funfields website and social media platforms, the operating hours of the park may be increased by two hours to be 9:00 am to 8:00 pm.

19.      Whilst the use hereby permitted is in operation no barrier or obstruction which will cause a delay in traffic movement shall be places along the access driveway between Plenty Road and the car park area.

20.      Without the further consent of the Responsible Authority the water slide hereby permitted shall not include any above ground structures.

21.      Provision shall be made and maintained for the prevention and extinguishing of fires, to the requirements of the Country Fire Authority and the satisfaction of the Responsible Authority.

22.      The use of the development hereby permitted shall be restricted to 4600 patrons (excluding season pass holders) at any one time to the satisfaction of the Responsible Authority.

23.      No bins, or other receptacles for the bulk storage of any form of rubbish or refuse shall be placed or allowed to remain in view of the public, and no smell shall be emitted from such receptacles.

 

24.      All healthy trees and shrubs designated for retention on the endorsed plan shall be adequately protected from damage during the construction process and retained on the site.

25.      The colour of the water slide and alpine slide shall be to the satisfaction of the Responsible Authority.

26.      The owner of the land shall enter into an agreement with the Responsible Authority pursuant to Section 52A of the Town and Country Planning Act in which it shall covenant as follows:

a.    That it shall pay for the works required by Condition 17 of this permit whether or not the works are to be constructed on land owned by the owner of the land; and

b.    In the event that the land remains unused as an outdoor recreation park for any period in excess of two years and if required to do so by the Responsible Authority, it will reinstate the landscape so as to preserve the landscape quality of the area.

27.      The use and development hereby permitted shall after it is commenced be continued to the satisfaction of the Responsible Authority.

28.      The permit shall expire if the development hereby permitted is either not commenced within two years from the date hereof or not completed within for years from the date hereof, or within any extension of those times which upon application made before or within three months after the expiry of the permit is granted in writing by the Responsible Authority.

VicRoads Conditions

29.      Before development works commence, amended plans must be submitted to and approved by the Roads Corporation. When approved by the Roads Corporation, the plans may be endorsed by the Responsible Authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with; the Architectural Plans by Studio IOD, Ref. No. 16.051, Drawing Nos. TP01-          TP03, Rev. B, dated 20/08/2018, the Functional Layout Plan by Traffix Group,           Drawing No G21470-A-01, dated 23 May 2018, and the Traffic Management Plan     by Traffix Group, Ref No. G21470TMP1C, dated May 2018 but modified to show:-  

    1. Deleted; and
    2. The southern access being modified in order to prohibit right hand turn movements from the site.  Right hand turn movements from the site shall be restricted by;

a)  Installation of 'left turn only' signage facing exiting traffic.

b)  Installation of a splitter island within the crossover.

30.      Deleted.

31.      The crossover and driveway are to be constructed to the satisfaction of the Roads Corporation and/or the Responsible Authority and at no cost to the Roads Corporation prior to the commencement of the use hereby approved.

 

 

 

 

32.      Prior to the commencement of the use hereby approved, the access lanes, driveways, crossovers and associated works must be provided and available for use and be:

a.    Formed to such levels and drained so that they can be used in accordance with the plan.

b.    Treated with an all-weather seal or some other durable surface.

33.      Driveways 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 safe manner or compromise operational efficiency of the road or public safety (eg. by spilling gravel onto the roadway).

34.      Traffic Management Plan by Traffix Group, Ref No. G21470TMP1C, dated May 2018 forming part of the panning permit approval. 

Notes:

The proposed development requires the construction of a crossover. Separate approval under the Road Management Act for this activity may be required from VicRoads (the Roads Corporation). Please contact VicRoads prior to commencing any works.

Date of amendment

Description of amendment

27 December 2017

  • Preamble updated to reflect the current operations of the park.
  • Condition 1 deleted and replaced with condition requiring the submission of plans and reports.
  • Condition 16 deleted and replaced.
  • Condition 18 amended to update hours of operation.
  • Condition 22 updated to increase the maximum patron numbers.
  • VicRoads conditions added.
  • Note added to permit.

1 November 2018

  • Condition Nos. 29, 30 and 34 amended to facilitate additional turning movements. 

13 May 2019

  • New Architectural plans endorsed, which include additional asphalt to existing car park, entry gate and shade sails

10 December 2019

  • Condition 18 amended to allow the extension of the operating hours until 8.00pm for up to seven days during the month of January and for notice of any day of extended hours to be given five days prior on the Funfields website and social media platforms.

CARRIED UNANIMOUSLY

 

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.4      46 Spring Street, Thomastown - Application for Extension of Time to Planning Permit 716669 for the Construction of two dwellings

Attachments:                        1        Locality Map

2        Endorsed Plans   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Administrative Officer   

APPLICANT:                                  J Prasad

COUNCIL POLICY:              22.16     Housing Diversity and Design

ZONING:                               General Residential Zone (Schedule 4)

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

RECOMMENDATION SUMMARY

That Council resolve to refuse the application for an Extension of Time to Planning Permit No. 716669 for the construction of two dwellings as the layout does not comply with the prescribed setbacks outlined within Amendment C200 approved on 9 May 2019.

KEY FACTS AND / OR ISSUES

·    Planning Permit 716669 was originally issued on 7 September 2017 for the construction of two dwellings on the site.

·    The application seeks to extend Planning Permit No. 716669 due to the applicant recently purchasing the property and the Planning Permit expiring during the settlement period.

·    The proposal does not meet the requirements of the changes to the residential zone introduced by Amendment C200 in so far as, a canopy tree is required in the front and rear setback in an area of 5 metres by 5 metres in addition to the required secluded private open space.  This has not been achieved in the rear setback without a redesign.

·    The request for an extension of time should therefore not be granted as it is not in accordance with Planning Scheme applied by the implementation of Stage 2 of the Housing Diversity Strategy.

 

Report

SITE AND SURROUNDING AREA

The subject site is located on the northwest corner of Spring Street and Johnson Street, approximately 420m west of High Street, Thomastown. The site is a regular shaped allotment with a street frontage of 15.6m to Spring Street and a depth of 28.19m, yielding a total site area of 580.57m2. The site contains a single storey detached, weatherboard dwelling and outbuildings associated with a residential use. Vehicular access is provided via an existing concrete crossing located along the eastern property boundary. There is no vegetation of significance within the site.

The surrounding area is characterised by residential allotments of a similar size to the subject site. The locality comprises a mix of detached and semi-detached single storey and double storey dwellings. Landscaping is minimal and in the form of low level front gardens with some trees. The site is located within a 500m proximity to the High Street Activity Centre, Thomastown Railway Station and Meridian Business Park.

restrictions and easements

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

There is a 1.83m wide drainage and sewerage easement along the rear title boundary.

approved development

It is proposed to extend the approved Planning Permit that allows the demolition of the existing dwelling and construction of two double storey dwellings.

The details of the approved development are outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

Three plus a study

 9.0m front (south); 2.0m side (east); 1.5m side (west).

209m2 (including 33m2 of secluded private open space) in an area of 6.1 metres by 6.7 metres

Single space garage (6.0m x 3.5m) plus a tandem open car space

8.5m (overall)

Dwelling No. 2

Double storey

Three

3.0m front (east); 1.8m side (north); 1.5 m rear (west).

91m2 (including 35m2 of secluded private open space) in an area of 5.1 metres by 6.7 metres

Single space garage (6.0m x 3.5m) plus a tandem open car space

8.2m (overall)

Public Notification

There are no requirements to advertise an extension of time.

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy was introduced into the Whittlesea Planning Scheme via Planning Scheme Amendment C181, gazetted on 22 October 2015.

The Strategy provides a strategic framework for future residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The Housing Diversity Strategy was a reference document in the Whittlesea Planning Scheme and an assessment against it was provided under Standard B2 of the Clause 55 assessment.

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

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

Amendment C200 was approved and gazetted on 9 May 2019. The amendment introduced additional overlays and requirements to some areas of the municipality including Local Policy 22.16 (Housing Diversity and Design). Schedule 4 to General Residential Zone now applies to the land and has introduced additional requirements of Clause 55.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table will describe non-compliance with the varied standard of C200. Under these provisions a development:

·      Must meet all of the objectives

·      Should meet all of the standards

 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B13

Landscaping

x

x

The required area for a canopy tree has been provided within the frontage, however has not been provided in the rear setback (northern side of the subject site) of the site.

The current design response does not have the ability to allow for both the required area of secluded private open space as well as an area of 5 metres by 5 metres, which is required in addition to the open space.

The open space area is also shown as paved allowing no meaningful landscaping opportunities other than low level plantings.

Extension of time

Council must consider the following general principles when determining whether or not to exercise its discretion to extend time (Kantor v Murrindindi Council 1997).

Considerations

Comments

Whether there has been a change of planning policy?

Since the permit was issued, there has been a change of planning policy via Amendment C200 implementing changes to the Schedule to the zone including additional Clause 55 requirements. The schedule that now applies to the land is Schedule 4 – General Residential Zone. Changes to this zone includes varied Landscaping and Private Open Space requirements.

Whether the land owner is seeking to ‘warehouse’ the permit?

There is no evidence that the land owner is seeking to warehouse the permit.

Intervening circumstances bearing on the grant or refusal of the extension

The intervening circumstances bearing on the refusal of the extension of time comes about as a result of the change in policy and that the proposal does not accord with Amendment C200.  Additionally, the owner has only recently taken possession of the property with the permit expiring during the settlement period.

The total elapse of time

It has been two years and two months since the permit was issued.

Whether the time limit originally imposed was adequate?

The time limit originally imposed was in accordance with the provision of the Planning and Environment Act 1987.

The economic burden imposed on the land owner by the permit.

There is no evidence of any economic burden imposed on the land owner by the permit.

The probability of a permit issuing should a fresh application be made.

If a fresh application was lodged, based on the current design response, it would not be supported. All applications being assessed by Planning Officers are required to meet the current planning controls.

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY (SCHEDULE 3)

The site is affected by the Development Contributions Plan Overlay. This contribution has been paid as required by condition 1 of the Planning Permit.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change in circumstances. The second stage of the Housing Diversity Strategy was introduced into the Whittlesea Planning Scheme after the permit was issued. These changes in policy suggest that it would be unlikely that the current proposal (in its current form) would be supported if a fresh application were to be made. On these grounds it is recommended that the extension of time be refused. The applicant is not prevented from making a further application for medium density development on the land which complies with current planning provisions.

 

Recommendation

THAT Council resolve to refuse the application for an Extension of Time to Planning Permit No. 716669 for the construction of two dwellings as the layout does not comply with the prescribed setbacks outlined within Amendment C200 approved on 9 May 2019.


Cr Joseph left the Council Chamber at 7:08pm prior to the vote on this item.


 

council resolution

Moved:                       Cr Desiato

Seconded:               Cr Kirkham

 

THAT Council resolve to approve the application to extend Planning Permit No. 716669 for a further two years (until 7 September 2021) for the construction of two dwellings at 46 Spring Street, Thomastown and advise the applicant accordingly.

CARRIED


Cr Joseph returned to the Council Chamber at 7:10pm after the vote on this item.


 

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.5      240-258 High Street, Thomastown - Development of a 6-storey mixed-use building comprising of 76 dwellings (apartments), 6 retail premises, a reduction in car parking requirements, and an alteration of access to a road in a road zone, category 1

Attachments:                        1        Locality Maps

2        Architectural Plans

3        Concept Architectural Plans

4        Urban context report

5        ESD & Stormwater Report

6        Traffic Report

7        Environmental Audit Summary

8        Acoustic Report   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

APPLICANT:                                  Forte Group Pty Ltd

COUNCIL POLICY:              21.09     Housing

22.16     Housing Diversity and Design

ZONING:                               Commercial 1 Zone

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

REFERRAL:                          Department of Transport
Department of Transport (Roads Corporation)
Environment Protection Authority

OBJECTIONS:                      Nil

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 718058 and issue a Planning Permit, for the development of a 6-storey mixed-use building comprising of 76 dwellings (apartments), 6 retail premises, a reduction in parking requirements and an alteration of access to a road in a road zone, category 1.

KEY FACTS AND / OR ISSUES

·    The application seeks a permit for the development of a 6-storey mixed-use building comprising 76 apartments and six retail premises.

·    The proposal is located within a Commercial 1 Zone, where residential uses at densities complementary to the role and scale of a commercial centre is a purpose of the zone.

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

·    The proposal would provide a good design outcome for a prominent site located adjacent to the recently upgraded Thomastown Train Station.

·    The parking reduction sought relates to the commercial component with the shortage able to be absorbed through the use of public transport, sharing of existing spaces and within the existing public car parking found within the area.

·    The proposal aligns with the Thomastown and Lalor Neighbourhood Activity centres Master Plan (2011).

·    The environmental issues, including remediation of the former service station, have been assessed to be resolved by the EPA.

 

Report

SITE AND SURROUNDING AREA

The site is located on the eastern side of High Street, immediately north of the Thomastown Train Station and adjoins the rail reserve to the east. Overall the site measures 2,260m2, with an extensive frontage to High St measuring approximately 130m and a depth of 17m.

The site is currently vacant and features a number of trees, shrubs, and temporary boundary fencing. Vehicle access is provided through three separate crossovers that are located along the western boundary of the site. The land is generally flat. It is noted that there are no tree protection controls that affect this site.

The surrounding land to the north and west is characterised predominately by commercial land uses. Medium density housing is prominent further west from High Street. To the south is the Thomastown Train Station, and associated train station parking. To the east of the site there is the train reserve, train station car parking, and medium density housing fronting Station Street.

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

·   High Street Thomastown shopping strip (20m west)

·   Thomastown Train Station (75m south);

·   Thomastown Train Station Bus Interchange (100m south);

·   Bus Route 570 – Thomastown to RMIT Bundoora (150m southeast);

·   Bus Route 559 – Thomastown via Darebin Drive (160m southeast); and,

·   Thomastown Recreation & Aquatic Centre / Main Street Reserve / Thomastown Library / Bubup Wilam Kindergarten / Thomastown Neighbourhood House - (approximately 700m west);

restrictions and easements

The site is formally described as Crown Allotment 26D Parish of Keelbundora. 

The Certificate of Title shows that the site is not subject to any restrictive covenants or agreements.

The site is not affected by any easements.

PREVIOUS LAND USE

Historically, the site was a former service station.  This was initially raised as a concern at the pre-application stage in mid-2018 and an Environmental Audit Report was requested. This report was provided to Council in August 2019 and has been reviewed by the EPA, who responded on 10 September 2019 advising that the site can accommodate the proposal subject to the development complying with certain conditions. The full report has not been attached due to its file size and length (over 5600 pages), however the Executive Summary has been attached (Attachment 7) for reference.

Proposal

The application seeks a permit for the development of two 6-storey mixed-use buildings comprising a total of 76 dwellings (apartments), 6 retail premises, a reduction in car parking requirements, and an alteration of access to a road in a road zone, category 1 (see Attachment 2 Architectural Plans). Details of the proposal are as follows:


 

Basement Levels 1 and 2

 

·     2 levels of basement car parking consisting of a total of 94 car parking spaces comprising:

57 car spaces within Basement 2.

37 car spaces within Basement 1.

·     44 bicycle spaces provided within a secure bicycle storage room for residents and retail

staff within Basement 1.

·     58 above-bonnet storage cages of 6m³ within Basement 1 and 2, and 19 storage cages of 6m³ in Basement 2.

·     Utilities and services including separate lift / stair access for residents and retail staff, waste bin storage, hydrant pump room, substation, and water tanks.

 

Ground Floor

 

·     6 retail tenancies comprising 904.5² net leasable floor area.

·     Retail units 1, 2, 5, and 6 have separate entries facing High Street.

·     Retail units 3 and 4 have separate accesses located internally.

·     Under croft outdoor retail spaces extending outward to the central public plaza.

·     18 bicycle spaces provided in two locations fronting High Street.

·     The three existing crossovers to High Street removed and reinstated, with a new sole crossover constructed on High Street to the southwestern corner of the site.

·     2.0m wide separate entries in each building for resident access.

·     Separate lift / stair access for residents and retail staff.

·     2 ventilated temporary bin storage rooms, one in each building, with separate bins for waste and recycling and facilities for bin washing.

 

Public Realm Improvement

 

·     Public central plaza with landscaped garden beds and paved footpath at ground floor level.

 

First Floor to Sixth Floor

 

·     Five upper levels of residential use comprising 76 apartments within two buildings as follows:

10 x 1 Bedroom apartments;

58 x 2 Bedroom apartments; and,

8 x 3 Bedroom apartments.

·     Private open space is in the form of balconies at the upper levels ranging between 12.15m² to 74.24m² with a minimum dimension of 1.8m to 2.4m, and convenient access from a living room.

·     The dwellings range in size from a minimum of approximately 55m2 to 123m2.

·     Storage is provided to each apartment within each apartment as well as 6m3 within the basement for each dwelling.

 

Other Key Features

 

·     The development has a maximum building height of 20.5m.

·     The development has a site coverage of 82%.

·     The proposed development will comprise the following key finishes:

Charcoal coloured aluminium glazing suite;

Textured off-white GRC façade cladding;

Charcoal coloured perforated metal shroud;

Reflective aluminium cladding;

Frameless glass balustrade; and,

Breeze pattern grey brick.

Public Notification

The proposal is exempt from notice, in accordance with Clause 34.01-7 ‘Exemption from notice and review’ of the Whittlesea Planning Scheme which states:

An application to subdivide land or construct a building or construct or carry out works 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 land within 30 metres of land (not a road) which is in a residential zone, 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.

The parking reduction component is also exempt from notice, in accordance with Clause 52.06-4 ‘Exemption from notice and review’ of the Whittlesea Planning Scheme which states:

 

An application under Clause 52.06-3 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 if:

·    the application is only for a permit under Clause 52.06-3; or

·    the application is also for a permit under another provision of the planning scheme and in respect of all other permissions sought, the 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.

HOUSING DIVERSITY STRATEGY

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

The HDS is a reference document in the Planning Scheme. The site is within a Neighbourhood Renewal change area, which recognises areas close to services and facilities. In this instance the site adjoins the Thomastown Railway Station and is located directly across the Thomastown High Street shopping strip.  The preferred housing types are noted as townhouses, multi-units, apartments, shop-top housing and mixed-use development.

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

·   A range of medium building heights;

·   Building heights that achieve passive surveillance;

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

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

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

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

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

 

Amendment C200 was approved on 9 May 2019. It is the second stage of implementation, which focuses on identifying the appropriate statutory tools to achieve the key strategic objectives of the Housing Diversity Strategy (2013-2033). The amendment only affects residential zones.

THOMASTOWN AND LALOR NEIGHBOURHOOD ACTIVITY CENTRES MASTER PLAN (2011)

The Master Plan includes street improvements to shopping areas including better seating, shelters and bike facilities, how these will happen, and a timeline of when they are likely to happen. The Master Plan vision is:

To improve the Thomastown and Lalor Neighbourhood Activity Centres so that they remain economically and socially sustainable in the context of growing larger retail centres in the municipality.

Its key directions for Thomastown are:

 

·          Improve access to and around the shops;

·          Provide social gathering spaces throughout the centres to encourage social interaction;

·          Improve the overall appearance of the shops;

·          Improve access to parking (bicycles and vehicles);

·          Increase safety, or perceptions of safety;

·          Encourage a better relationship between the shops and the community precincts;

The Masterplan outlines a series of improvements to the public realm, including along Central Avenue and Highlands Road opposite the application site. Improvements to Highlands Road have been highlighted and are to be implemented.

The proposal is considered to be in accordance with the strategic direction of the master plan as it will act as an ‘agent of change’ for the immediate area and provide improvements to the prominent streetscape of High Street.

Assessment Against Clause 58 of the Whittlesea Planning Scheme (APARTMENT DESIGN STANDARDS) 

The following table provides details on whether the proposal complies with the requirements of Clause 58 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.

 

Title & Objective/s & Standard/s

Assessment

Clause 58.01

URBAN CONTEXT REPORT AND DESIGN RESPONSE

ü Complies

An application must be accompanied by:

·   An urban context report.

·   A design response

The application has been submitted with both of the above to the satisfaction of the Responsible Authority.

 

Clause 58.02 URBAN CONTEXT

Title & Objective/s & Standard/s

Assessment

Clause 58.02-1

Urban context objectives

·   To ensure that the design responds to the existing urban context or contributes to the preferred future development of the area.

·   To ensure that development responds to the features of the site and the surrounding area.

Standard D1

·   The design response must be appropriate to the urban context and the site.

·   The proposed design must respect the existing or preferred urban context and respond to the features of the site.

ü Complies

The development proposes a six-storey development form which is a suitable response to this commercial location, allowing for substantial housing, contributing to the revitalisation of the immediate area.

The six-storey level is a statement built form that will act as an ‘agent of change’ for the improvement of the Thomastown area, in accordance with the Thomastown and Lalor Neighbourhood Activity Centre master Plan (2011), and is therefore considered to be an appropriate transition from the existing context.

58.02-2

Residential policy objectives

·   To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

·   To support higher density residential development where development can take advantage of public and community infrastructure and services.

Standard D2

·   An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

ü Complies

The application has been submitted with a written planning assessment. 

Increased density is supported in well serviced established areas, including existing commercial centres.

The site represents a suitable increase in density being in direct proximity to the Thomastown Train Station and neighbourhood activity centre.

 

 

 

 

 

 

 

 

 

 

 

58.02-3 Dwelling diversity objective

·   To encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard D3

·   Developments of ten or more dwellings should provide a range of dwelling sizes and types, including dwellings with a different number of bedrooms.

ü Complies

 

The dwelling typologies range between one to three bedrooms with varying floor areas.

58.02-4 Infrastructure objectives

·   To ensure development is provided with appropriate utility services and infrastructure.

·   To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard D4

·   Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.

·   Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

·   In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

ü Complies

The proposal will be connected to reticulated services and is not expected to adversely overload the existing utility services and infrastructure.

58.02-5       Integration with the street objective

·   To integrate the layout of development with the street.

Standard D5

·   Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.

·   Development should be oriented to front existing and proposed streets.

·   High fencing in front of dwellings should be avoided if practicable.

 

·   Development next to existing public open space should be laid out to complement the open space.

ü Complies

 

The development effectively addresses High Street through the utilisation of active frontages for retail and associated outdoor areas, stimulating street activation and an improved public realm. Separate pedestrian and vehicular access is provided to maintain safe access, and no front fencing is proposed.

58.03 SITE LAYOUT

Title & Objective/s & Standard/s

Assessment

58.03-1 Energy efficiency objectives

·   To achieve and protect energy efficient dwellings and buildings.

·   To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

·   To ensure dwellings achieve adequate thermal efficiency.

Standard D6

Buildings should be:

·   Oriented to make appropriate use of solar energy.

·   Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

·   Living areas and private open space should be located on the north side of the development, if practicable.

·   Developments should be designed so that solar access to north-facing windows is optimised.

·   Dwellings located in a climate zone identified in Table D1 should not exceed the maximum NatHERS annual cooling load specified in the following table.

ü Complies

 

The dwellings within the development are able to take advantage of energy efficiency opportunities.

 

Dwellings on the north elevation have been designed to maximise the northerly aspect.

 

Dwellings on all levels will receive solar access from east and west elevations due to the narrow depth of the site and lot orientation, low scale, and a parting between existing built form on the boundaries.

 

It is noted that there are no existing dwellings on adjoining lots affected by the proposal in terms of energy efficiency.

 

The site is not within an identified climate zone (Principal, 60) pursuant to the table under Table D1.

58.03-2       Communal open space objective

·   To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development.

Standard D7

·   Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, whichever is lesser.

Communal open space should:

·   Be located to:

-     Provide passive surveillance opportunities, where appropriate.

-     Provide outlook for as many dwellings as practicable.

-     Avoid overlooking into habitable rooms and private open space of new dwellings.

-     Minimise noise impacts to new and existing dwellings.

·   Be designed to protect any natural features on the site.

·   Maximise landscaping opportunities.

·   Be accessible, useable and capable of efficient management.

ü Complies

 

A public plaza is provided between the two buildings within a central location in the site. This area provides for outdoor seating and landscaping.

58.03-3 Solar access to communal outdoor open space objective

·   To allow solar access into communal outdoor open space.

Standard D8

·   The communal outdoor open space should be located on the north side of a building, if appropriate.

·   At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June.

ü Complies

 

The public plaza is provided in a central location between the two buildings.

 

This location allows for the public and residents within the building to equally share access and ensure the practical utilisation of the space.

 

The shadow diagrams prepared indicate that the public plaza would likely receive a minimum of 2 hours of sunlight between 1pm and 3pm.

 

 

 

 

 

 

 

 

58.03-3       Safety objective

·   To ensure the layout of development provides for the safety and security of residents and property.

Standard D9

·   Entrances to dwellings should not be obscured or isolated from the street and internal accessways.

·   Planting which creates unsafe spaces along streets and accessways should be avoided.

·   Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.

·   Private spaces within developments should be protected from inappropriate use as public thoroughfares.

ü Complies

It is considered that the development layout provides for adequate safety and security of residents.

 

There are two ground floor entries into each residential building that is not obscured and clearly identifiable.

 

The sizeable illuminated and glazed surfaces surrounding each entry, along with active retail premises occupying the ground floor and addressing High Street, ensure that a high level of passive surveillance is present within the development and the surrounding public realm.

 

The large open basement areas ensure that there is clear visibility throughout.

58.03-5 Landscaping objectives

·   To encourage development that respects the landscape character of the area.

·   To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

·   To provide appropriate landscaping.

·   To encourage the retention of mature vegetation on the site.

·   To promote climate responsive landscape design and water management in developments that support thermal comfort and reduces the urban heat island effect.

Standard D10

The landscape layout and design should:

·   Be responsive to the site context.

·   Protect any predominant landscape features of the area.

·   Take into account the soil type and drainage patterns of the site and integrate planting and water management.

·   Allow for intended vegetation growth and structural protection of buildings.

·   In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

·   Provide a safe, attractive and functional environment for residents.

·   Consider landscaping opportunities to reduce heat absorption such as green walls, green roofs and roof top gardens and improve on-site storm water infiltration.

·   Maximise deep soil areas for planting of canopy trees.

Development should provide for the retention or planting of trees, where these are part of the urban context.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.

Development should provide the deep soil areas and canopy trees specified in Table D2.

If the development cannot provide the deep soil areas and canopy trees specified in Table D2, an equivalent canopy cover should be achieved by providing either:

·   Canopy trees or climbers (over a pergola) with planter pits sized appropriately for the mature tree soil volume requirements.

·   Vegetated planters, green roofs or green facades

ü Complies

A landscape plan has been prepared to support the application, which indicates garden bed planting, outdoor seating within the central communal open space, and additional new trees along High Street.

 

The proposal requires the removal of 11 trees, including a group of small trees, as they are located within the basement footprint or are compromised by the development.

 

As per the submitted Arborist Report, these comprise low to medium retention value trees. The trees that are of low retention value are a non-contributory to the site/area as they are either in poor health and/or in poor condition. The trees that have medium retention value are not significantly good examples or of a significant size and condition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.03-6 Access objective

·   To ensure the number and design of vehicle crossovers respects the urban context.

Standard D11

The width of accessways or car spaces should not exceed:

·   33 per cent of the street frontage, or

·   if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage.

·   No more than one single-width crossover should be provided for each dwelling fronting a street.

·   The location of crossovers should maximise the retention of on-street car parking spaces.

·   The number of access points to a road in a Road Zone should be minimised.

·   Developments must provide for access for service, emergency and delivery vehicles.

 

ü Complies

Vehicle access is provided through a double width crossover to High Street on the southwestern corner of the site.

 

The proposed vehicle access will be less than 33% of the total site frontage and reduces the number of access points to High Street.

58.03-7 Parking location objectives

·   To provide convenient parking for resident and visitor vehicles.

·   To protect residents from vehicular noise within developments.

Standard D12

Car parking facilities should:

·   Be reasonably close and convenient to dwellings.

·   Be secure.

·   Be well ventilated if enclosed.

·   Shared accessways or car parks of other dwellings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

ü Complies

The location of parking is convenient for residents and visitors and protects residents from vehicular noise.

 

All car parking for the development is provided in the two basement levels.

 

This area is secure and mechanically ventilated. The lifts provide efficient and safe access to the dwellings, with an additional two lifts separately servicing the retail tenancies above.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.03-8 Integrated water and stormwater management objectives

·   To encourage the use of alternative water sources such as rainwater, stormwater and recycled water.

·   To facilitate stormwater collection, utilisation and infiltration within the development.

·   To encourage development that reduces the impact of stormwater run-off on the drainage system and filters sediment and waste from stormwater prior to discharge from the site.

 

Standard D13

·   Buildings should be designed to collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use.

·   Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority.

The stormwater management system should be:

·   Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.

·   Designed to maximise infiltration of stormwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas.

ü Complies

The proposal will include two 25,000lt rainwater tanks within the basement.

 

The tanks will store water collected from the roof level and surrounding ground floor open areas.

 

 

 

 

 

 

 

 

 

 

 

 

58.04 AMENITY IMPACTS

Title & Objective/s & Standard/s

Assessment

58.04-1 Building setback objectives

·   To ensure the setback of a building from a boundary appropriately responds to the existing urban context or contributes to the preferred future development of the area.

·   To allow adequate daylight into new dwellings. To limit views into habitable room windows and private open space of new and existing dwellings.

·   To provide a reasonable outlook from new dwellings.

·   To ensure the building setbacks provide appropriate internal amenity to meet the needs of residents.

Standard D14

·   The built form of the development must respect the existing or preferred urban context and respond to the features of the site.

 

 

Buildings should be set back from side and rear boundaries, and other buildings within the site to:

·   Ensure adequate daylight into new habitable room windows.

·   Avoid direct views into habitable room windows and private open space of new and existing dwellings.

·   Developments should avoid relying on screening to reduce views.

·   Provide an outlook from dwellings that creates a reasonable visual connection to the external environment.

·   Ensure the dwellings are designed to meet the objectives of Clause 58.

ü Complies

The proposal is within a Commercial 1 Zone and located within the Thomastown activity centre. A preferred density of medium and higher density housing is also supported within the Housing Diversity Strategy.

The design of the buildings are separated from all boundaries. Each apartment is afforded with high amenity, with multiple habitable room windows and private open space area that have views and solar access.

 

It is noted that no screening is required within the development as there are no sensitive residential uses within proximity of the site.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.04-2 Internal views objective

·   To limit views into the private open space and habitable room windows of dwellings within a development.

Standard D15

·   Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the private open space of a lower-level dwelling directly below and within the same development.

ü Complies

Windows and balconies have been designed to prevent overlooking of private open space for a dwelling within the complex located directly below each respective dwelling.

58.04-3 Noise impacts objectives

·   To contain noise sources in developments that may affect existing dwellings.

·   To protect residents from external and internal noise sources.

Standard D16

·   Noise sources, such as mechanical plants should not be located near bedrooms of immediately adjacent existing dwellings.

·   The layout of new dwellings and buildings should minimise noise transmission within the site.

·   Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas and other dwellings.

·   New dwellings should be designed and constructed to include acoustic attenuation measures to reduce noise levels from off-site noise sources.

Buildings within a noise influence area specified in Table D3 should be designed and constructed to achieve the following noise levels:

· Not greater than 35dB(A) for bedrooms, assessed as an LAeq,8h from 10pm to 6am.

· Not greater than 40dB(A) for living areas, assessed LAeq,16h from 6am to 10pm.

·   Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements.

·   Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed.

 ü Complies

The dwellings have been orientated to avoid internal noise sources from within the site.

 

Recommendations in relation to the acoustic treatment of all windows and system for the development has been considered within the Acoustic Impact Assessment prepared by Acoustic Control.

 

 

58.05 ON-SITE AMENITY AND FACILITIES

Title & Objective/s & Standard/s

Assessment

58.05-1 Accessibility objective

·   To ensure the design of dwellings meets the needs of people with limited mobility.

Standard D17

At least 50 per cent of dwellings should have:

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

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

·   A main bedroom with access to an adaptable bathroom.

·   At least one adaptable bathroom that meets all of the requirements of either Design A or Design B specified in Table D4.

ü Complies – Subject to condition

The building design meets the needs of people with limited mobility.

 

The plans submitted with the application demonstrate that the following dwellings are designed as accessible dwellings:

 

 

 

 

Standard D17 requires 50% of dwellings be accessible. This results in a requirement of 38 dwellings. There is provision for 36 accessible dwellings. A condition requiring a further 2 dwellings to be accessible will be included on any permit issued. 

58.05-2 Building entry and circulation objectives

·   To provide each dwelling and building with its own sense of identity.

·   To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residents.

·   To ensure internal communal areas provide adequate access to daylight and natural ventilation.

Standard D18

Entries to dwellings and buildings should:

·   Be visible and easily identifiable.

·   Provide shelter, a sense of personal address and a transitional space around the entry.

The layout and design of buildings should:

·   Clearly distinguish entrances to residential and non-residential areas.

·   Provide windows to building entrances and lift areas.

·   Provide visible, safe and attractive stairs from the entry level to encourage use by residents.

Provide common areas and corridors that:

·   Include at least one source of natural light and natural ventilation.

·   Avoid obstruction from building services.

·   Maintain clear sight lines.

ü Complies

The design of the building allows for each dwelling with its own sense of identity and allows for safe and practical movement of residents.

 

The two residential entries to each building are centrally located at the ground floor. Both are detailed as residential access and clearly identifiable, providing a clear sense of address to the building.

 

The large glazed and lit areas with retail premises sharing the ground floor of the development maintains high levels of passive surveillance.

 

Each dwelling within the building is provided with an entry. The corridors on each floor maintain an open character providing clear sight lines along their length and is afforded with natural light and ventilation.

58.05-3 Private open space objective

·   To provide adequate private open space for the reasonable recreation and service needs of residents.

Standard D19

A dwelling should have private open space consisting of:

·   An area of 25 square metres, with a minimum dimension of 3 metres at natural ground floor level and convenient access from a living room, or

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

·   A balcony with an area and dimensions specified in Table D5 and convenient access from a living room, or

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

·   If a cooling or heating unit is located on a balcony, the balcony should provide an additional area of 1.5 square metres.

ü Complies  – Subject to condition.

 

Apartment A5.1, A5.3, B5.4, and B5.6 are three-bedroom apartments which do not meet the minimum widths specified in Table D5.

 

A condition on permit will require that the four apartments must meet the minimum width requirements of Standard D19.

 

 

 

 

 

 

 

 

58.05-4 Storage objective

·   To provide adequate storage facilities for each dwelling.

Standard D20

·   Each dwelling should have convenient access to usable and secure storage space.

·   The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table D6.

ü Complies – Subject to condition.

 

External storage is provided as follows:

 

58 above-bonnet storage cages of 6m³ within Basement 1 and 2;

 

19 storage cages of 6m³ on Basement 2; and

A schedule of internal storage volumes is listed within TP00 of the plans.

 

 

Each apartment within the development is provided with a combination of internal and external storage in accordance with the requirements of Standard D20.

A condition on permit requiring a storage compliance plan will be included.

 

58.06 DETAILED DESIGN

Title & Objective/s & Standard/s

Assessment

58.06-1 Common property objectives

·   To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.

·   To avoid future management difficulties in areas of common ownership.

Standard D21

·   Developments should clearly delineate public, communal and private areas.

·   Common property, where provided, should be functional and capable of efficient management.

ü Complies

 

The basement constitutes the majority of common property areas. This area is delineated as common area and is practically designed to allow for appropriate management.

58.06-2 Site services objectives

·   To ensure that site services can be installed and easily maintained.

·   To ensure that site facilities are accessible, adequate and attractive.

Standard D22

·   The design and layout of dwellings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

·   Mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development.

·   Mailboxes should be provided and located for convenient access as required by Australia Post.

ü Complies

The design and placement of the services within the basement and ground floor will allow them to be easily installed and maintained.

 

Each dwelling is provided with a post box conveniently located with Australia Post and resident access adjacent to the building

entry and within the foyer, with access from High Street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.06-3 Waste and recycling objectives

·   To ensure dwellings are designed to encourage waste recycling.

·   To ensure that waste and recycling facilities are accessible, adequate and attractive.

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

Standard D23

Developments should include dedicated areas for:

·   Waste and recycling enclosures which are:

· Adequate in size, durable, waterproof and blend in with the development.

· Adequately ventilated.

· Located and designed for convenient access by residents and made easily accessible to people with limited mobility.

·   Adequate facilities for bin washing. These areas should be adequately ventilated.

·   Collection, separation and storage of waste and recyclables, including where appropriate opportunities for on-site management of food waste through composting or other waste recovery as appropriate.

·   Collection, storage and reuse of garden waste, including opportunities for on-site treatment, where appropriate, or off-site removal for reprocessing.

·   Adequate circulation to allow waste and recycling collection vehicles to enter and leave the site without reversing.

·   Adequate internal storage space within each dwelling to enable the separation of waste, recyclables and food waste where appropriate.

 

Waste and recycling management facilities should be designed and managed in accordance with a Waste Management Plan approved by the responsible authority and:

·   Be designed to meet the best practice waste and recycling management guidelines for residential development adopted by Sustainability Victoria.

·   Protect public health and amenity of residents and adjoining premises from the impacts of odour, noise and hazards associated with waste collection vehicle movements.

ü Complies – subject to condition.

Two separate waste and recycling enclosures have been provided with each dedicated bin enclosure area mechanically ventilated.

 

A waste management plan has also been prepared by Frater Consulting Services and submitted with the application.

58.07 INTERNAL AMENITY

Title & Objective/s & Standard/s

Assessment

58.07-1 Functional layout objective

·   To ensure dwellings provide functional areas that meet the needs of residents.

Standard D24

Bedrooms should:

Meet the minimum internal room dimensions specified in Table D7 and D8.

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

ü Complies

All main bedrooms have a dimension of at least 3 metres x 3.4 metres and all other bedrooms have dimensions of a minimum of 3 metres x 3 metres.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.07-2 Room depth objective

·   To allow adequate daylight into single aspect habitable rooms.

Standard D25

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

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

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

· The kitchen is located furthest from the window.

· The ceiling height is at least 2.7 metres measured from finished floor level to finished ceiling level.

·   This excludes where services are provided above the kitchen. The room depth should be measured from the external surface of the habitable room window to the rear wall of the room.

ü Complies

The proposed room depths to each dwelling allow adequate daylight to habitable rooms.

 

As each of the dwellings incorporate open living, dining and kitchen areas and have ceiling heights of 2.7 metres. In apartments where the kitchen located furthest from the window, the proposed room depths are consistent with the 9m required under by Standard D25.

 

 

58.07-3 Windows objective

·   To allow adequate daylight into new habitable room windows.

Standard D26

·   Habitable rooms should have a window in an external wall of the building.

·   A window may provide daylight to a bedroom from a smaller secondary area within the bedroom where the window is clear to the sky.

·   The secondary area should be:

· A minimum width of 1.2 metres.

· A maximum depth of 1.5 times the width, measured from the external surface of the window.

 ü Complies

 

Habitable rooms within dwelling each has been provided with a window in an external wall of the building.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

58.07-4 Natural ventilation objectives

·   To encourage natural ventilation of dwellings.

·   To allow occupants to effectively manage natural ventilation of dwellings.

Standard D27

·   The design and layout of dwellings should maximise openable windows, doors or other ventilation devices in external walls of the building, where appropriate.

·   At least 40 per cent of dwellings should provide effective cross ventilation that has:

· A maximum breeze path through the dwelling of 18 metres.

· A minimum breeze path through the dwelling of 5 metres.

· Ventilation openings with approximately the same area.

The breeze path is measured between the ventilation openings on different orientations of the dwelling

ü Complies

42% of dwellings benefit from multiple external aspects, natural ventilation, and will achieve cross ventilation as required under Standard D27.

 

The 32 dwellings which comply with the standard are:

 

 

 

Clause 34.01 – Commercial 1 Zone

Pursuant to Clause 34.01-4, a permit is required to construct a building or carry out works.

The development provides a refreshed contemporary built form that will contribute to the streetscape and immediate area, whilst maintaining an appropriate rhythm and form. The activity within the public realm at High Street is envisaged to be invigorated through the proposed mixed uses that includes open pedestrian access points onto the street.   The required number of car parking has been accounted for the residential uses that have dedicated car parking spaces, whilst some provision has been made for the commercial uses, likely to be utilised by staff.  As demonstrated above and subject to conditions, the proposal is compliant with Clause 58 thereby complying with the requirements of the zone.

It is noted that there is no trigger for the use of the land for the purposes of Accommodation (dwelling) as the condition specified under Clause 34.01-1 ‘Any frontage at ground floor level must not exceed 2 metres’ is met.

 

Clause 45.06 – Development Contributions Plan (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 development contributions for drainage infrastructure for medium density residential development at a rate of $1.90 per square metre of the total site area. 

This rate is subject to the Consumer Price Index at the time of payment. This requirement must be included as a condition on any planning permit that is issued.

 

Clause 52.06 – Car Parking

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

 

Residential Typology

Quantity

Car spaces required

Car spaces provided

Complies

One-bedroom dwelling

10

10

10

Yes

Two-bedroom dwelling

58

58

58

Yes

Three-bedroom dwelling

8

16

16

Yes

Commercial Use

Size (m2)

Car spaces required (3.5/100m2 of leasable floor area)

Car spaces provided

Complies

Retail

992.8

34

10

No

 

It is noted that the site is situated within the Principal Public Transport Network where visitor car spaces in relation to the residential component of the proposal is not required and a reduced rate to commercial uses is applied.

The proposed reduction in car parking is considered to be acceptable. All residents will have the required number of car spaces, a total of 84 car spaces. The reduction falls within the commercial retail component of the proposal with 10 spaces provided in lieu of 34 spaces. The Traffic Impact Assessment (prepared by Traffix Group) proposes that these 10 spaces be provided for staff who will be long term users of the spaces, as opposed to customers who will have transient and short-term needs that can be absorbed through various means such as the use of public transport, shared/multi-purpose trips to the shops as well as within the existing public parking available for all shops where studies found occupancy rates of the approximately 170 spaces were never higher than 55% during both weekday and weekend peaks.

Council’s City Design & Transport Department specified that the proposal would be acceptable if the proposed car parking spaces turning movements ‘can work’ despite the common aisle width only being approximately 4.3m. The car spaces have been provided within a covered car parking area that provides a dedicated 4.9m x 3.65m space, separated by columns. In addition, there is a turning buffer to the edge of these spaces at a 1.2m width. This allows for the cars utilising these spaces to safely and efficiently exit the site in a forward direction.

Clause 52.29 – Land Adjacent to a Road Zone, Category 1

Pursuant to Clause 52.29-2, a permit is required to alter the access to a road in a Road Zone, Category 1. The application was referred to the Roads Corporation (Department of Transport, formerly VicRoads) pursuant to Section 55 as a determining authority. There were no objections made to the proposal, and conditions relating to the implementation of a ‘Keep Clear’ area as shown on plans, and crossovers, were requested to be included on any permit issued. Council’s City Design & Transport Department had no objections in relation to this component of the proposal and advised that the ‘Keep Clear’ area be supported to assist with access/egress movements. The proposal to alter the access on High Street is thus considered acceptable and the change brought about by the development can be managed through appropriate conditions on any permit issued. 

 

Declarations of Conflicts of Interest

 

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

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

Conclusion

The application has been assessed against the Whittlesea Planning Scheme and in particular the objectives and standards of Clause 58.  The proposal is deemed to show a satisfactorily level of compliance subject to minor modifications as outlined.  It is considered that the proposal will not have a detrimental impact on the character of the neighbourhood nor on existing surrounding residential properties and accordingly approval of the application is recommended.

 

Recommendation

THAT Council resolve to approve Planning Application No. 718058 and issue a Permit for the development of two 6-storey mixed-use buildings comprising a total of 76 dwellings (apartments), 6 retail premises, a reduction in car parking requirements, and an alteration of access to a road in a road zone, category 1, in accordance with the endorsed plans and subject to the following conditions:

Payments Required

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

Plans Required

2.       Before the development hereby permitted starts, a copy of amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this Permit. The plans must be generally in accordance with Revision D, dated 21 June 2019 and prepared by Hachem and Cornetta Partners Architects, but modified to show:

a.  Two dwellings redesigned to meet the requirements of Standard D17 of Clause 58.05-1 ‘Accessibility’;

b.  The Private Open Space areas of Dwellings A5.1, A5.3, B5.4, and B5.6, to meet the minimum dimension requirements of Standard D19 of Clause 58.05-3 ‘Private Open Space’.

c.  A compliance plan demonstrating that storage for each dwelling meets the minimum requirements of Standard D20 of Clause 58.05-4 ‘Storage’;

d.  Requirements contained with the Acoustic Report in accordance with Condition 7;

e.  Requirements contained with the Sustainable Management Plan & WSUD Response in accordance with Condition 4; and,

f.   All relevant referral authority conditions to be reflected on plans in accordance with Conditions 22 to 35, inclusive.

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

a.       The area or areas set aside for landscaping;

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

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

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

e.       Appropriate irrigation systems;

f.       Appropriate maintenance details;

g.       The provision of canopy trees within the front and rear setbacks; and,

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

Sustainable Management Plan & WSUD Response

4.    Prior to the endorsement of plans, an amended Sustainable Management Plan & Water Sensitive Urban Design Response must be submitted to and approved by the Responsible Authority. The Sustainable Management Plan & Water Sensitive Urban Design Response must be generally in accordance with the submitted Sustainable Management Plan & Water Sensitive Urban Design Response prepared by Ark Resources and dated 07/12/2018 but modified to reflect the updated architectural drawings submitted in accordance with Condition 2 of this permit, to the satisfaction of the Responsible Authority.

Site Management Plan

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

 

a)  Be in accordance with the Responsible Authority’s Site Management Plan template.

 

b)  Address occupational health and safety, traffic management, environmental control measures to the satisfaction of the Responsible Authority.

 

 

 

 

c)  Be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

 

d)  Identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.

 

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

 

f)  Address the location of parking areas for construction and sub-contractors’ vehicles, equipment and machinery on and surrounding the site, to ensure that they cause minimum disruption to surrounding properties.

 

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

 

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

 

i)   Provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

 

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

 

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

 

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

 

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

 

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

Waste Management Plan

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

-     The type/s and number of waste bins.

-     Screening of bins.

-     Type/size of trucks.

-     Frequency of waste collection.

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

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

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

Revised Acoustic Report

7.    Prior to the occupation of any building approved under this permit, an amended Acoustic Report must be submitted to and approved by the Responsible Authority. The Acoustic Report must be generally in accordance with the submitted Acoustic Report prepared by Acoustic Control and dated 22/10/2018 but modified to reflect the updated architectural drawings submitted for endorsement in accordance with Condition 2 of this permit, to the satisfaction of the Responsible Authority.

Sustainable Management Plan Compliance

8.    Prior to the occupation of any building approved under this permit, a compliance inspection and report from the author of the Sustainable Management Plan (SMP), approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority.  The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved documentation.

Layout Not Altered

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

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

Landscaping and Stormwater Management

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

Actions Before Use Commences

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

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

12.     Vehicular access to the site must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will be using the crossing(s).

        The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority.  Any existing unused or redundant crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Responsible Authority.  All vehicle crossing works are to be carried out with Council supervision under a Road Opening Permit.

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

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

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

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

Infrastructure

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

18.     Prior to the occupation of the dwellings hereby approved, the permit holder is required to construct at no cost to Council, drainage works between the subject site and the Council nominated point of discharge.  Such drainage works must be designed by a qualified engineer and submitted to and approved by Council. 

         Computations will also be required to demonstrate that the drainage system will not be overloaded by the new development.  Construction of the drainage system must be carried out in accordance with Council specifications and under Council supervision.

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

General Amenity – Construction Works

20.     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, 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.

Department of Transport

22.     Unless otherwise agreed in writing with the Head, Transport for Victoria, all necessary construction control agreements and indemnity agreements must be in place with the Department of Transport (DoT), VicTrack and the Rail Operator (RO) at the full cost of the permit holder, prior to works commencing.

 

23.     Before development starts, including bulk excavation, three (3) copies of a Demolition and Construction Management Plan must be submitted for approval to the satisfaction of DoT and VicTrack. The Demolition and Construction Management Plan must include details of (but not be limited to) management proposals to minimise impacts to VicTrack assets and the operation of the railway during construction and must set out objectives and performance and monitoring requirements for:

 

a.       access to the rail environment, including designation of any areas to be used under license during the construction process;

b.       approvals and permits required from DoT, VicTrack and the RO prior to works commencing and prior to accessing the rail corridor;

c.       rail safety requirements that must be adhered to by the permit holder;

d.       protection of all rail infrastructure to ensure rail infrastructure is not damaged during construction;

e.       minimising disruption to train and bus services;

f.       management of drainage, effluent, material stockpiles, fencing, hoardings to ensure VicTrack land is not used for, or impacted on by these activities outside of the licence area;

g.       public safety, amenity and site security;

h.       operating hours, noise and vibration controls; and

i.        air and dust management.

 

24.     All construction works must be carried out in accordance with the approved Demolition and Construction Management Plan. The Demolition and Construction Management Plan must be implemented at no cost to VicTrack, DoT and/or the RO.

 

25.     Prior to the commencement of work on site including bulk excavation detailed construction / engineering plans and computations for construction works abutting railway land, railway operations, and railway infrastructure assets must be submitted and approved by VicTrack, DoT and the RO.

        The Plans must detail all excavation design and controls of the site adjacent to the railway corridor. The Design Plans must ensure compliance regarding:

 

a.       building clearances to aerial power lines as per the applicable Victorian Electrical Safety (Installations) Regulations;

b.       design loadings for the building nearest to the rail track is in compliance with AS5100.2-2017 Design Loads and Part 4 AS1170.4 Earthquake action Australia;

c.       working adjacent to overhead power to the satisfaction of the RO;

d.       demonstrate compliance with air, light and fire requirements without reliance on railway land; and

e.       demonstrate the window and balcony openings facing the rail corridor mitigate against the risk of debris thrown / falling onto the rail corridor.

 

 

 

26.     Prior to the commencement of the works including bulk excavation, a Traffic Management Plan must be submitted to DoT for endorsement, which outlines how traffic will be managed throughout the construction of the development and mitigate impacts to public transport to the satisfaction of DoT. All traffic management and mitigation costs must be at the full cost of the permit holder and in accordance with the approved Traffic Management Plan to the satisfaction of DoT.

         The Plan may interface with any plan requested by the Responsible Authority. The permit holder must ensure that no disruption to bus and train operations is proposed during construction.

 

27.     Unless otherwise agreed in writing with DoT, prior to the commencement of works, the permit holder must prepare a report, to the satisfaction of DoT & the RO, by a suitable qualified consultant, which demonstrates that all building materials (including glass / window treatments) visible from the rail corridor are non-reflective such that it will not adversely impact on rail operations and driver safety. The development must avoid using red, green or yellow colour schemes that may interfere with driver operations.

 

28.     Unless otherwise agreed in writing with VicTrack, permanent or temporary soil anchors must not be installed on railway land.

 

29.     No lighting is to be erected that throws light onto the railway tracks or which interferes with the visibility of signals and the rail lines by train drivers.

 

30.     No drainage, effluent, waste, soil or other materials must enter or be directed to railway land or stored or deposited on railway land.

 

31.     The permit holder must, at all times, ensure that the common boundary with railway land is fenced to prohibit unauthorised access to the rail corridor. Any walls or fences facing the common boundary with railway land must be cleaned and finished using a graffiti proof finish or alternative measures used to prevent or reduce the potential of graffiti. 

 

32.     Prior to the occupation of the development a visually transparent 1.8 metre high chain mesh fence must be installed along the boundary of the railway land at no cost to and to the satisfaction of Vic Track and the Rail Operator. 

Department of Transport (Roads Corporation)

33.    Before the use of development starts, a functional layout plan must be submitted to and approved by the Roads Corporation. The plans must be generally in accordance with the plans (Traffix Group, DwG.No. G25446-00-01, Issue A, dated 11 April 2019)) but modified to show:

 

a.  The proposed ‘Keep Clear’ linemarking on High Street including features such as pavement, kerb / shoulders, linemarking, power poles and other road furniture within 50 metres of the proposed access.

 

b.  The proposed crossover and other necessary road signs.

 

34.     Before the use approved by this permit commences, the following roadworks on High Street must be completed at no cost to and to the satisfaction of the Roads Corporation:

 

a.  ‘Keep Clear’ linemarking and associated works.

 

b.  The proposed crossover.

 

35.      Prior to the commencement of the use of the development, all redundant vehicle crossings must be removed, and the footpath and kerbing reinstated at no cost to the Roads Corporation and to the satisfaction of the Responsible Authority.

 

Permit Expiry

 

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

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

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

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

NOTES

Department of Transport

Prior to commencement of works, the RO must be contacted through the email address to obtain the RO's conditions and safety requirements for works on, over or adjacent to railway land. Entry onto railway land is at the discretion of the RO and is subject to the RO's Site Access Procedures and conditions.  

 

Department of Transport (Roads Corporation)

 

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.

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.

Property Numbering

Please note that property addresses, and numbering is allocated by Council.  This is usually formalised at the time of the subdivision; however, it is Council’s intention to number the proposed dwellings as follows. Please check with Council’s Subdivision Department to verify all street numberings.

240 High Street

250 High Street

Retail 4

3/240 High Street

Retail 1

3/250 High Street

Retail 5

2/240 High Street

Retail 2

2/250 High Street

Retail 6

1/240 High Street

Retail 3

1/250 High Street

B1.1

107/240 High Street

A1.1

107/250 High Street

B1.2

108/240 High Street

A1.2

108/250 High Street

B1.3

101/240 High Street

A1.3

101/250 High Street

B1.4

102/240 High Street

A1.4

102/250 High Street

B1.5

106/240 High Street

A1.5

106/250 High Street

B1.6

105/240 High Street

A1.6

105/250 High Street

B1.7

104/240 High Street

A1.7

104/250 High Street

B1.8

103/240 High Street

A1.8

103/250 High Street

B2.1

207/240 High Street

A2.1

207/250 High Street

B2.2

208/240 High Street

A2.2

208/250 High Street

B2.3

201/240 High Street

A2.3

201/250 High Street

B2.4

202/240 High Street

A2.4

202/250 High Street

B2.5

206/240 High Street

A2.5

206/250 High Street

B2.6

205/240 High Street

A2.6

205/250 High Street

B2.7

204/240 High Street

A2.7

204/250 High Street

B2.8

203/240 High Street

A2.8

203/250 High Street

B3.1

307/240 High Street

A3.1

307/250 High Street

B3.2

308/240 High Street

A3.2

308/250 High Street

B3.3

301/240 High Street

A3.3

301/250 High Street

B3.4

302/240 High Street

A3.4

302/250 High Street

B3.5

306/240 High Street

A3.5

306/250 High Street

B3.6

305/240 High Street

A3.6

305/250 High Street

B3.7

304/240 High Street

A3.7

304/250 High Street

B3.8

303/240 High Street

A3.8

303/250 High Street

B4.1

407/240 High Street

A4.1

407/250 High Street

B4.2

408/240 High Street

A4.2

408/250 High Street

B4.3

401/240 High Street

A4.3

401/250 High Street

B4.4

402/240 High Street

A4.4

402/250 High Street

B4.5

406/240 High Street

A4.5

406/250 High Street

B4.6

405/240 High Street

A4.6

405/250 High Street

B4.7

404/240 High Street

A4.7

404/250 High Street

B4.8

403/240 High Street

A4.8

403/250 High Street

B5.1

507/240 High Street

A5.1

507/250 High Street

B5.2

508/240 High Street

A5.2

508/250 High Street

B5.3

501/240 High Street

A5.3

501/250 High Street

B5.4

502/240 High Street

A5.4

502/250 High Street

B5.5

506/240 High Street

A5.5

506/250 High Street

B5.6

505/240 High Street

A5.6

505/250 High Street

B5.7

504/240 High Street

A5.7

504/250 High Street

B5.8

503/240 High Street

A5.8

503/250 High Street

 

MOTION

Moved:                       Cr Kozmevski

Seconded:               Cr Cox

 

THAT Council resolve to:

Approve Planning Application No. 718058 and issue a Permit for the development of two 6-storey mixed-use buildings comprising multiple dwellings (apartments), multiple retail premises and an alteration of access to a road in a road zone, category 1, at 240-258 High Street, Thomastown in accordance with the endorsed plans and subject to the following conditions:

Payments Required

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

Plans Required

2.       Before the development hereby permitted starts, a copy of amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this Permit. The plans must be generally in accordance with Revision D, dated 21 June 2019 and prepared by Hachem and Cornetta Partners Architects, but modified to show:

a.    The overall development altered such that no reduction in the standard car parking requirements under the Whittlesea Planning Scheme (Clause 52.06) is required.  This can be achieved through an increase in parking provision and/or reduction in the retail floor area or number of dwellings or alternative change to the satisfaction of the Responsible Authority;

b.    Two dwellings redesigned to meet the requirements of Standard D17 of Clause 58.05-1 ‘Accessibility’;

c.    The Private Open Space areas of Dwellings A5.1, A5.3, B5.4, and B5.6, to meet the minimum dimension requirements of Standard D19 of Clause 58.05-3 ‘Private Open Space’.

d.    A compliance plan demonstrating that storage for each dwelling meets the minimum requirements of Standard D20 of Clause 58.05-4 ‘Storage’;

e.    Requirements contained with the Acoustic Report in accordance with Condition 7;

f.     Requirements contained with the Sustainable Management Plan & WSUD Response in accordance with Condition 4; and

g.    All relevant referral authority conditions to be reflected on plans in accordance with Conditions 22 to 35, inclusive.

 

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

 

The Landscape Plan must show: -

a.    The area or areas set aside for landscaping;

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

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

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

e.    Appropriate irrigation systems;

f.     Appropriate maintenance details;

g.    The provision of canopy trees within the front and rear setbacks; and,

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

Sustainable Management Plan & WSUD Response

4.    Prior to the endorsement of plans, an amended Sustainable Management Plan & Water Sensitive Urban Design Response must be submitted to and approved by the Responsible Authority. The Sustainable Management Plan & Water Sensitive Urban Design Response must be generally in accordance with the submitted Sustainable Management Plan & Water Sensitive Urban Design Response prepared by Ark Resources and dated 07/12/2018 but modified to reflect the updated architectural drawings submitted in accordance with Condition 2 of this permit, to the satisfaction of the Responsible Authority.

Site Management Plan

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

a)    Be in accordance with the Responsible Authority’s Site Management Plan template.

b)    Address occupational health and safety, traffic management, environmental control measures to the satisfaction of the Responsible Authority.

c)    Be submitted to the Responsible Authority a minimum of 21 days before a required pre-commencement meeting (attended by authorised representatives of the construction contractor and project superintendent as appointed by the developer) on the site of the works.

d)    Identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.

 

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

f)     Address the location of parking areas for construction and sub-contractors’ vehicles, equipment and machinery on and surrounding the site, to ensure that they cause minimum disruption to surrounding properties.

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

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

i)     Provide measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

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

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

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

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

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

Waste Management Plan

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

-          The type/s and number of waste bins.

-          Screening of bins.

-          Type/size of trucks.

-          Frequency of waste collection.

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

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

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

 

 

Revised Acoustic Report

7.    Prior to the occupation of any building approved under this permit, an amended Acoustic Report must be submitted to and approved by the Responsible Authority. The Acoustic Report must be generally in accordance with the submitted Acoustic Report prepared by Acoustic Control and dated 22/10/2018 but modified to reflect the updated architectural drawings submitted for endorsement in accordance with Condition 2 of this permit, to the satisfaction of the Responsible Authority.

 

Sustainable Management Plan Compliance

8.    Prior to the occupation of any building approved under this permit, a compliance inspection and report from the author of the Sustainable Management Plan (SMP), approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority.  The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved documentation.

Layout Not Altered

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

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

Landscaping and Stormwater Management

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

Actions Before Use Commences

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

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

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

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

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

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

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

Infrastructure

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

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

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

General Amenity – Construction Works

21.     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.

22.     During the construction phase, any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

Department of Transport

23.  Unless otherwise agreed in writing with the Head, Transport for Victoria, all necessary construction control agreements and indemnity agreements must be in place with the Department of Transport (DoT), VicTrack and the Rail Operator (RO) at the full cost of the permit holder, prior to works commencing.

24.  Before development starts, including bulk excavation, three (3) copies of a Demolition and Construction Management Plan must be submitted for approval to the satisfaction of DoT and VicTrack. The Demolition and Construction Management Plan must include details of (but not be limited to) management proposals to minimise impacts to VicTrack assets and the operation of the railway during construction and must set out objectives and performance and monitoring requirements for:

a.    access to the rail environment, including designation of any areas to be used under license during the construction process;

b.    approvals and permits required from DoT, VicTrack and the RO prior to works commencing and prior to accessing the rail corridor;

c.    rail safety requirements that must be adhered to by the permit holder;

d.    protection of all rail infrastructure to ensure rail infrastructure is not damaged during construction;

e.    minimising disruption to train and bus services;

f.     management of drainage, effluent, material stockpiles, fencing, hoardings to ensure VicTrack land is not used for, or impacted on by these activities outside of the licence area;

g.    public safety, amenity and site security;

h.    operating hours, noise and vibration controls; and

i.      air and dust management.

25.  All construction works must be carried out in accordance with the approved Demolition and Construction Management Plan. The Demolition and Construction Management Plan must be implemented at no cost to VicTrack, DoT and/or the RO.

26.  Prior to the commencement of work on site including bulk excavation detailed construction / engineering plans and computations for construction works abutting railway land, railway operations, and railway infrastructure assets must be submitted and approved by VicTrack, DoT and the RO. The Plans must detail all excavation design and controls of the site adjacent to the railway corridor. The Design Plans must ensure compliance regarding:

a.    building clearances to aerial power lines as per the applicable Victorian Electrical Safety (Installations) Regulations;

b.    design loadings for the building nearest to the rail track is in compliance with AS5100.2-2017 Design Loads and Part 4 AS1170.4 Earthquake action Australia;

c.    working adjacent to overhead power to the satisfaction of the RO;

d.    demonstrate compliance with air, light and fire requirements without reliance on railway land; and

e.    demonstrate the window and balcony openings facing the rail corridor mitigate against the risk of debris thrown / falling onto the rail corridor.

27.  Prior to the commencement of the works including bulk excavation, a Traffic Management Plan must be submitted to DoT for endorsement, which outlines how traffic will be managed throughout the construction of the development and mitigate impacts to public transport to the satisfaction of DoT. All traffic management and mitigation costs must be at the full cost of the permit holder and in accordance with the approved Traffic Management Plan to the satisfaction of DoT. The Plan may interface with any plan requested by the Responsible Authority. The permit holder must ensure that no disruption to bus and train operations is proposed during construction.

28.  Unless otherwise agreed in writing with DoT, prior to the commencement of works, the permit holder must prepare a report, to the satisfaction of DoT & the RO, by a suitable qualified consultant, which demonstrates that all building materials (including glass / window treatments) visible from the rail corridor are non-reflective such that it will not adversely impact on rail operations and driver safety. The development must avoid using red, green or yellow colour schemes that may interfere with driver operations.

29.  Unless otherwise agreed in writing with VicTrack, permanent or temporary soil anchors must not be installed on railway land.

30.  No lighting is to be erected that throws light onto the railway tracks or which interferes with the visibility of signals and the rail lines by train drivers.

31.  No drainage, effluent, waste, soil or other materials must enter or be directed to railway land or stored or deposited on railway land.

32.  The permit holder must, at all times, ensure that the common boundary with railway land is fenced to prohibit unauthorised access to the rail corridor. Any walls or fences facing the common boundary with railway land must be cleaned and finished using a graffiti proof finish or alternative measures used to prevent or reduce the potential of graffiti. 

33.  Prior to the occupation of the development a visually transparent 1.8 metre high chain mesh fence must be installed along the boundary of the railway land at no cost to and to the satisfaction of Vic Track and the Rail Operator. 

Department of Transport (Roads Corporation)

34.  Before the use of development starts, a functional layout plan must be submitted to and approved by the Roads Corporation. The plans must be generally in accordance with the plans (Traffix Group, DwG.No. G25446-00-01, Issue A, dated 11 April 2019)) but modified to show:

    1. The proposed ‘Keep Clear’ linemarking on High Street including features such as pavement, kerb / shoulders, linemarking, power poles and other road furniture within 50 metres of the proposed access.
    2. The proposed crossover and other necessary road signs.

35.  Before the use approved by this permit commences, the following roadworks on High Street must be completed at no cost to and to the satisfaction of the Roads Corporation:

    1. ‘Keep Clear’ linemarking and associated works.
    2. The proposed crossover.

36.  Prior to the commencement of the use of the development, all redundant vehicle crossings must be removed, and the footpath and kerbing reinstated at no cost to the Roads Corporation and to the satisfaction of the Responsible Authority.

Permit Expiry

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

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

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

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

NOTES

Department of Transport

Prior to commencement of works, the RO must be contacted through the email address metrositeaccess@metrotrains.com.au to obtain the RO's conditions and safety requirements for works on, over or adjacent to railway land. Entry onto railway land is at the discretion of the RO and is subject to the RO's Site Access Procedures and conditions.  

Department of Transport (Roads Corporation)

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.

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.

Property Numbering

Please note that property addresses, and numbering is allocated by Council.  This is usually formalised at the time of the subdivision; however, it is Council’s intention to number the proposed dwellings as follows. Please check with Council’s Subdivision Department to verify all street numberings.

240 High Street

250 High Street

Retail 4

3/240 High Street

Retail 1

3/250 High Street

Retail 5

2/240 High Street

Retail 2

2/250 High Street

Retail 6

1/240 High Street

Retail 3

1/250 High Street

B1.1

107/240 High Street

A1.1

107/250 High Street

B1.2

108/240 High Street

A1.2

108/250 High Street

B1.3

101/240 High Street

A1.3

101/250 High Street

B1.4

102/240 High Street

A1.4

102/250 High Street

B1.5

106/240 High Street

A1.5

106/250 High Street

B1.6

105/240 High Street

A1.6

105/250 High Street

B1.7

104/240 High Street

A1.7

104/250 High Street

B1.8

103/240 High Street

A1.8

103/250 High Street

B2.1

207/240 High Street

A2.1

207/250 High Street

B2.2

208/240 High Street

A2.2

208/250 High Street

B2.3

201/240 High Street

A2.3

201/250 High Street

B2.4

202/240 High Street

A2.4

202/250 High Street

B2.5

206/240 High Street

A2.5

206/250 High Street

B2.6

205/240 High Street

A2.6

205/250 High Street

B2.7

204/240 High Street

A2.7

204/250 High Street

B2.8

203/240 High Street

A2.8

203/250 High Street

B3.1

307/240 High Street

A3.1

307/250 High Street

B3.2

308/240 High Street

A3.2

308/250 High Street

B3.3

301/240 High Street

A3.3

301/250 High Street

B3.4

302/240 High Street

A3.4

302/250 High Street

B3.5

306/240 High Street

A3.5

306/250 High Street

B3.6

305/240 High Street

A3.6

305/250 High Street

B3.7

304/240 High Street

A3.7

304/250 High Street

B3.8

303/240 High Street

A3.8

303/250 High Street

B4.1

407/240 High Street

A4.1

407/250 High Street

B4.2

408/240 High Street

A4.2

408/250 High Street

B4.3

401/240 High Street

A4.3

401/250 High Street

B4.4

402/240 High Street

A4.4

402/250 High Street

B4.5

406/240 High Street

A4.5

406/250 High Street

B4.6

405/240 High Street

A4.6

405/250 High Street

B4.7

404/240 High Street

A4.7

404/250 High Street

B4.8

403/240 High Street

A4.8

403/250 High Street

B5.1

507/240 High Street

A5.1

507/250 High Street

B5.2

508/240 High Street

A5.2

508/250 High Street

B5.3

501/240 High Street

A5.3

501/250 High Street

B5.4

502/240 High Street

A5.4

502/250 High Street

B5.5

506/240 High Street

A5.5

506/250 High Street

B5.6

505/240 High Street

A5.6

505/250 High Street

B5.7

504/240 High Street

A5.7

504/250 High Street

B5.8

503/240 High Street

A5.8

503/250 High Street

 

 

procedural motion

Moved:                       Cr Sterjova

Seconded:               Cr Monteleone

 

THAT Council resolve to adjourn consideration of this item to the Adjourned Council Meeting being held on 17 December 2019 at 6.30pm.

CARRIED

 

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Pavlidis

Cr Alessi

Cr Cox

Cr Joseph

Abstained

Cr Kozmevski

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

carried

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                        Tuesday 10 December 2019

 


 


 


 


 


 


 


 


 


 


 


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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.6      1 Luke Court, Mill Park - Application for Extension of Time to Planning Permit 715334 for the construction of three dwellings

Attachments:                        1        Locality Maps

2        Endorsed Plans   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Administrative Officer   

 

APPLICANT:                                  F Farah

COUNCIL POLICY:              22.16     Housing Diversity Strategy

ZONING:                               General Residential Zone (Schedule 4)

OVERLAY:                            Development Contributions Plan Overlay (Schedule 3)

RECOMMENDATION SUMMARY

That Council resolve to refuse the application for an Extension of Time to Planning Permit No. 715334 for the construction of three dwellings as the layout does not comply with the prescribed setbacks outlined within Amendment C200 approved on 9 May 2019.

KEY FACTS AND / OR ISSUES

·    Planning Permit 715334 was originally issued on 5 November 2015 for the construction of three dwellings on the site, and subsequently extended on 22 November 2017 and 17 September 2018.

·    The application seeks to extend Planning Permit No. 715334 due to the applicant still not ready to commence.

·    The proposal does not meet the requirements of the changes to the residential zone introduced by Amendment C200. A canopy tree is required in the front and rear setback in an area of 5 metres by 5 metres in addition to the required secluded private open space. This cannot be achieved in the rear setback without a redesign.

·    The proposal also does not meet the requirements of the changes to the residential zone introduced by Amendment C200 as dwelling 3 does not provide an area of secluded private open space with a total area of 25 square metres with a minimum dimension of 4 metres.

·    Clause 52.06-9 (Design standards for car parking) was introduced to the Whittlesea Planning Scheme on 19 September 2017 which requires the accessway must be designed so that cars can exit the site in a forward direction if the accessway serves four or more car spaces. This requirement cannot be met as both car spaces associated with Dwelling 1 cannot achieve forward entry and exit.

·    The request for an extension of time should therefore not be granted as it is not in accordance with Planning Scheme applied by the implementation of Stage 2 of the Housing Diversity Strategy.

 

Report

SITE AND SURROUNDING AREA

The subject site is a residential property located on the northern side of Luke Court, Mill Park, approximately 120m north of Centenary Drive. The subject site is irregular in shape with a curved frontage to Luke Court of 11.2m and a maximum depth of 31.4m giving a total site area of 794m2. The site is vacant and has a gentle slope from back to front with a maximum fall of 1.3m. There is no vegetation of significance contained within the site.

The surrounding area is generally characterised by a mixture of double and single storey dwellings. The adjoining properties to the east and west of the site are single storey and constructed in brick.

restrictions and easements

The Certificate of Title for the property shows that the site is not affected by any encumbrances or restrictions. The site is affected by a 2.0m wide easement for drainage and sewerage along a small section (5m) of the rear boundary. No works are proposed within the easement.

Approved development

An application has been made to extend the approved Planning Permit that allows the demolition of the existing dwelling and construction of three double storey dwellings.

Details of the proposed development are outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1

Double storey

3

4.3m front (south); 5.1m side (east);

1.2m side (west)

132m2 (including 25 m2 of secluded private open space) in an area of 4.8 metres by 5.3 metres

Single space garage (6.0m x 3.5m) plus a tandem open car space.

7.2m (overall)

Dwelling No. 2

Double storey

2

4.0m side (west); 1.2m rear (north)

50m2 (including 34m2 of secluded private open space) in an area of 4 metres by 8.4 metres

Single space garage (6.0m x 3.5m)

7.0m (Overall)

Dwelling No. 3

Double storey

2

1.2m side (east);

0m rear (north)

62m2 (including 30m2 of secluded private open space) in an area of 3 metres by 3.8 meters

Single space garage (6.0m x 3.5m)

7.0m (overall)

HOUSING DIVERSITY STRATEGY

The Housing Diversity Strategy was introduced into the Whittlesea Planning Scheme via Planning Scheme Amendment C181, gazetted on 22 October 2015.

The strategy provides a strategic framework for residential development in the established areas of the municipality for the next 20 years. It aims to guide the future location and diversity of housing stock and identifies areas of housing growth and change, including areas where future housing growth will not be supported. In general, it aims to encourage higher residential densities and a diversity of housing types and sizes into areas within convenient walking distance to public transport and activity centres.

The Housing Diversity Strategy was a reference document in the Whittlesea Planning Scheme and an assessment against it was provided under Standard B2 of the Clause 55 assessment.

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

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

Amendment C200 was approved and gazetted on 9 May 2019. The amendment introduced additional overlays and requirements to some areas of the municipality including Local Policy 22.16 (housing Diversity and Design). Schedule 4 to General Residential Zone now applies to the land and has introduced additional requirements of Clause 55.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

The following table will describe non-compliance with the varied standard of C200. Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards


 

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B13

Landscaping

x

x

The required area for a canopy tree has been provided within the frontage, however has not been provided in the rear setback.

The current design response does not have the ability to allow for both the required area of secluded private open space as well as an area of 5 metres by 5 metres, which is required in addition to the open space.

B28

Private open space

x

x

Dwelling 3 does not have the provision of Secluded Private Open Space with a minimum dimension of 4m and an area 25m2.

Extension of time

Council must consider the following general principles when determining whether or not to exercise its discretion to extend time (Kantor v Murrindindi Council 1997).

Considerations

Comments

Whether there has been a change of planning policy?

Since the permit was issued, and subsequently extended in 2017 and 2018, there has been a change of planning policy via Amendment C200 implementing changes to the Schedule to the zone including additional Clause 55 requirements. The schedule that now applies to the land is Schedule 4 – General Residential Zone. Changes to this zone includes varied Landscaping and Private Open Space requirements.

Whether the land owner is seeking to ‘warehouse’ the permit?

There is no evidence that the land owner is seeking to warehouse the permit.

Intervening circumstances bearing on the grant or refusal of the extension

The intervening circumstances bearing on the refusal of the extension of time comes about as a result of the change in policy and that the proposal does not accord with Amendment C200.

The total elapse of time

It has been four years since the permit was issued.

Whether the time limit originally imposed was adequate?

The time limit originally imposed was in accordance with the provision of the Planning and Environment Act 1987.

The economic burden imposed on the land owner by the permit.

There is no evidence of any economic burden imposed on the land owner by the permit.

The probability of a permit issuing should a fresh application be made.

If a fresh application was lodged, based on the current design response, it would not be supported. All applications being assessed by Planning Officers are required to meet the current planning controls.

CAR PARKing

Clause 52.06-9 (Design standards for car parking) was introduced to the Whittlesea Planning Scheme on 19 September 2017 which requires, if the accessway serves four or more car spaces or connects to a road in a Road Zone, the accessway must be designed so that cars can exit the site in a forward direction. This requirement cannot be met as both car spaces associated with Dwelling 1 cannot gain forward entry and exit.

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 purpose of limiting the life of a permit is to ensure that it does not become inappropriate due to a change in circumstances and standards. The second stage of the Housing Diversity Strategy was introduced into the Whittlesea Planning Scheme after the permit was issued. These changes in policy suggest that it would be unlikely that the current proposal (in its current form) would be supported should a fresh application be made. On these grounds it is recommended that the extension of time be refused, the applicant is not prevented from making a further application for medium density development on the land in accordance with current planning provisions.

 

Recommendation

THAT Council resolve to refuse the application for and Extension of Time to Planning Permit No. 715334 for the construction of three dwelling as the layout does not comply with the prescribed secluded private open space and landscaping requirements outlined within Amendment C200 approved on 9 May 2019, as well as Car Parking requirements pursuant to Clause 52.06-9 of the Whittlesea Planning Scheme.

COUNCIL RESOLUTION

Moved:                       Cr Lalios

Seconded:               Cr Desiato

 

THAT Council resolve to approve the application to extend Planning Permit No. 715334 for a further two years (until 5 November 2021) for the construction of three dwellings at 1 Luke Court, Mill Park and advise the applicant accordingly.

CARRIED

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.7      Planning Scheme Amendment C228 - 65W and 70W Regent Street

Attachments:                        1        Subject Sites

2        Exhibited Version - Development Plan Overlay Schedule 37   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Strategic Planner   

 

RECOMMENDATION SUMMARY

 1.  Adopt Planning Scheme Amendment C228 to the Whittlesea Planning Scheme;

2.   Request the Minister for Planning to approve Amendment C228 to the Whittlesea Planning Scheme; and

3.   Advise the submitters of Council’s resolution.

KEY FACTS AND / OR ISSUES

·    Planning Scheme Amendment C228 seeks to rezone two Council owned properties at 65W and 70W Regent Street, Mernda to facilitate the future redevelopment of the sites for residential purposes.

·    The Amendment was exhibited from 10 October – 11 November 2019

·    Three submissions were received of which two did not object to the Amendment and one submission which objected to the Amendment. The objecting submission related to issues that are beyond the scope of the Amendment. 

·    The objecting submission was withdrawn on 28 November 2019.

·    It is recommended that Council adopt Planning Scheme Amendment C228 to the Whittlesea Planning Scheme and request the Minister for Planning to approve the Amendment, with no further changes to the amendment that Council exhibited (Attachment 2).

 

Report

Background

Council resolved at its meeting on 4 September 2018 to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C228 to the Whittlesea Planning Scheme.

Amendment C228 applies to land at 65W and 70W Regent Street, Mernda, as shown on Attachment 1. The Amendment seeks to rezone land across both sites within the Urban Growth Boundary to a General Residential Zone, Schedule 1 (GRZ1), and apply the Development Plan Overlay Schedule 37 (DPO37) to part of the site at 65W Regent Street.

The Amendment also seeks to remove the Significant Landscape Overlay (SLO) from 65W Regent Street and apply the Vegetation Protection Overlay Schedule 1 (VPO1) to land where the GRZ1 is to apply. Amendment seeks to rezone the subject sites to facilitate the future development of the land for residential purposes.

The Amendment was publicly exhibited between 10 October – 11 November 2019.

The purpose of this report is to seek a resolution of Council to adopt Amendment C228 as required by the Planning and Environment Act 1987. This will enable officers to progress a request to the Minister for Planning to approve Amendment C228 to the Whittlesea Planning Scheme.

PROPOSAL

The proposed Planning Scheme Amendment seeks to amend the planning controls in the Whittlesea Planning Scheme to facilitate the future development of the land for residential purposes. This includes:

·    Delete the Public Park and Recreation Zone (PPRZ) from the site at 70W Regent Street.

·    Apply the General Residential Zone (Schedule 1) (GRZ1) to the site at 70W Regent Street.

·    Apply the General Residential Zone (Schedule 1) (GRZ1) to part of the site at 65W Regent Street located within the Urban Growth Boundary.

·    Apply the Development Plan Overlay (Schedule 37) (DPO37) to include 65W Regent Street.

·    Delete the Significant Landscape Overlay (Schedule 2) (SLO2) from land where the General Residential Zone is to apply. 

·    Apply the Vegetation Protection Overlay (Schedule 1) (VPO1) to the land where the General Residential Zone is to apply.

NOTIFICATION

Amendment C228 was placed on public exhibition between 10 October – 11 November 2019 to affected land owners, prescribed Ministers and relevant government authorities. A notice appeared in the Whittlesea Leader on 8 October 2019 and Government Gazette on 10 October 2019. Letters were sent to affected and surrounding land owners and occupiers.

Three submissions were received, two submission from agencies and one submission from an adjoining land owner. A summary of submissions is included in Table 1.

Table 1: Submission Summary Table

Submitter

 

Agency submissions

Council officer response

1. Melbourne Water

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

No further comment required

2. Environmental Protection Authority (EPA)

 

EPA did not object to the Amendment.

The EPA is satisfied that the Environmental Site Assessment requirements set out in DPO37 consider the potential for contamination of the land.

As part of their submission the EPA added commentary around whether Council would consider additional requirements for the consideration of potentially contaminated land in DPO37.

 

Council officers note EPA’s satisfaction with the Amendment. With respect to the additional commentary it is considered that no additional changes are required to the Amendment.

Council officers will continue to work with the EPA to ensure that any future Environment Site Assessment appropriately considers the need for a Statement of Environmental Audit, and in that scenario the Audit is undertaken in accordance with the relevant sections of the Environmental Protection Act 1970.

It is noted that the Schedule proposed to be applied covers an extensive area and affects more than just the land holdings subject to this Amendment. Any future proposals to Amend to DPO37 will need to be considered across all the landholdings affected by DPO37.

3.  Adjoining Landowner

The Adjoining landowner objected to the proposed Amendment on the following grounds:

·    The proposed amendment seeks to utilise land (20W Ragusa Terrace, Mernda, Attachment 2) that was once owned by the land owner as part of the parent title, subsequently vested in Council as part of the previous subdivision application, for profit.

It is noted that the proposed amendment does not affect 20W Ragusa Terrace.

The submission is considered to be beyond the scope of the Amendment for the following reasons:

·    The Amendment does not propose to rezone land at 20W Ragusa Terrace, Mernda;

·    The Amendment does not remove the reserve title of 20W Ragusa Terrace, Mernda; and

·    The Amendment does not propose the sale of any land.

 

The submission was withdrawn on 28 November 2019.

DISCUSSION

The exhibition of the Amendment resulted in the receipt of three submissions. Two submissions were from agencies who offered no objection and one from an adjoining land owner who objected to the proposed Amendment.

The objecting submitter had raised issues concerning the ongoing use of the land at 20W Ragusa Terrace, Mernda vested to Council as part of the adjoining land’s previous subdivision application of whom the submitter was the proponent.

Council officers held a meeting with the objecting submitter to better understand the intent of the submission and to gauge how concerns might be addressed. As a result of that meeting and in line with officer comments outlined in Table 1 the objecting submission was withdrawn on 28 November 2019.

As there are now no outstanding submissions to the Amendment is recommended that Council adopts Planning Scheme Amendment C228 as shown in Attachment 2 of this report.

CRITICAL DATES

Date

Key Milestone

September 2018

Council resolve to commence planning scheme amendment

November 2018

Authorisation granted by Minister for Planning

October 2019

Exhibition of Amendment C228

January 2020

Direction Hearing

February 2020

Panel Hearing

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

Planning Practice Notes

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

·    PPN02: Public Land Zones

·    PPN07: Vegetation Protection in Urban Areas

·    PPN10: Writing Schedules

·    PPN23: Applying the Incorporated Plan and Development Plan Overlays

·    PPN27: Understanding the Residential Development Provisions

·    PPN46: Strategic Assessment Guidelines

 

State Planning Policy Framework (SPPF)

The Amendment will implement the SPPF, particularly the following: 

Clause 11.01 Settlement: To promote the sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements

Clause 11.02 Supply of Urban Land: To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Clause 12.01 Protection of Biodiversity: To assist the protection and conservation of Victoria’s biodiversity

Local Planning Policies and Strategies

The Amendment considers and implements Council’s local policies and strategies including:

·    Whittlesea 2040 – A place for all (2018)

·    Whittlesea Municipal Strategic Statement (MSS)

·    City of Whittlesea Housing Diversity Strategy

The Amendment also accords with State Government Policy as outlined in Plan Melbourne 2017 – 2050 the updated Metropolitan Planning Strategy.

link to strategic risks

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

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Liveable neighbourhoods

Whittlesea 2040 Key Direction     Housing for diverse needs

Strategic Objective                        We can fairly access diverse and affordable housing

Council Priority                             Health and Wellbeing

The amendment will contribute to additional provision of land suitable for housing within an appropriate area.

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C228 to the Whittlesea Planning Scheme has been prepared and exhibited in accordance with Council’s resolution on 4 September 2018.

The Amendment seeks to rezone two sites at 65W and 70W Regent Street to a General Residential Zone (GRZ1) in order to facilitate future development of the land for residential purposes. The planning controls to be applied by Amendment C228 are the most appropriate controls to guide the future planning of both sites.

The Amendment was publicly exhibited from 10 October – 11 November 2019. A total of three submissions were received to the Amendment.

The submission from Melbourne Water and the Environmental Protection Agency made no objection to the Amendment.

The submission from the adjoining land owner related to land outside of the Amendment and was subsequently withdrawn on 28 November 2019. 

Noting the above, it is therefore recommended that Council resolve to adopt Planning Scheme Amendment C228 and forward this to the Minister for Planning requesting approval.   

 

RECOMMENDATION

THAT Council resolve to:

1.   Adopt Planning Scheme Amendment C228 to the Whittlesea Planning Scheme; and  

2.   Request the Minister for Planning to approve Planning Scheme Amendment C228 to the Whittlesea Planning Scheme.

3.   Advise the submitters of the resolutions above.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                             Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.8      New safety standards for private swimming pools 

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Acting Director Partnerships, Planning & Engagement   

 

RECOMMENDATION SUMMARY

THAT Council:

1.  Note the impending changes of legislation and resultant burden on Local Government and the Community (pool and spa owners);  and

2.  Set the fees at maximum amount for registration, search fees, certificates of compliance and non-compliance to ensure cost recovery.

KEY FACTS AND / OR ISSUES

·    On average, four young children die in Victoria in home swimming pools or spas each year, with many more taken to hospital for near drownings (VBA 2019).

·    New regulations to improve swimming pool and spa safety are being introduced by the State Government that will commence in December 2019 that aim to reduce incidences of young children drowning in private swimming pools and spas through improving compliance with safety barrier requirements.

·    The new laws will introduce a new inspection, maintenance and compliance requirement for property owners, as well as new requirements for Council to implement, maintain and enforce a register.

·    Pool and spa owners will be required to register their pools/spas by no later than June 2020 and every 4 years thereafter.

·    The imposition of implementing, maintaining and enforcing a register generates a significant risk to Council and resource demand of additional staff and ongoing financial burden.

·    Fees are recommended to be set at the maximum amount for registration, search fees, certificates of compliance and non-compliance to ensure cost recovery.

 

 

Proposal

The purpose of this report is to provide Council an update on the mandatory requirements proposed by the Victorian Government relating to private pools and spas.

Once the Regulations are adopted, Council will have a greater role in ensuring safety of the swimming pools and spas within its municipal boundaries and it is proposed to seek resolution from Council to set fees associated with administration, monitoring and enforcement of the register.

Background / Summary

On average, four young children die in Victoria in home swimming pools or spas each year, with many more taken to hospital for near drownings (VBA 2019).

The Department of Environment, Land, Water and Planning (DELWP) has prepared the Building Amendment (Swimming Pool and Spa) Regulations 2019 that aim to reduce incidences of young children drowning in private swimming pools and spas through improving compliance with safety barrier requirements. The new regulations will commence in December 2019.

The Regulations will introduce mandatory requirements for owners of private swimming pools or spas to register their pool or spa with their local council. In addition, owners will be required to engage a registered building surveyor or building inspector to inspect and certify the compliance of their safety barrier every three years.

DELWP prepared a Regulatory Impact Statement (RIS) that examines the costs and benefits of the proposed Regulations and alternative options that were considered. The RIS and draft Regulations were released for public consultation so that the Victorian community could provide input on the proposed regulatory changes. The consultation period closed on 6 September 2019 with finalisation of the amendment regulations made in late November 2019.

The proposed implementation period will require owners of existing swimming pools and spas to take action and register by June 2020.

Council currently has approximately 3,500 known swimming pools or spas within the municipality.  Council must maintain a register of all swimming pools and spas through owner registrations, existing Council records and aerial photography to ensure the database is up-to-date.

There will also be a requirement from the community to lodge a certificate of compliance every four years to ensure their pool or spa barrier complies with the relevant barrier standard, which will be phased in depending on when their pool or spa was installed.

An overview of the Certificate of Compliance lodgement process is outlined within the below table:

 

*Pool or spa installation date

Compliance certificate due

Installed before or on 30 June 1994

Due 1 June 2021

Installed on or after 1 July 1994 & before 1 May 2010

Due 1 June 2022

Installed on or after 1 May 2010

Due 1 June 2023

*Please note that there are some exemptions to the above outlined within the Regulations.

Failure to register can result in compliance action being taken with penalties.

 

Financial implications

Council will be required to agree on the relevant fees associated with the registration and compliance.

The below table provides an overview of the fees outlined within the draft Regulations:

 

Fee category

Fee amount

Registration of swimming pool or spa

Maximum fee of up to $31.84

Search Fee (Plans/Permits)

Maximum fee up to $47.24

Certificate of Compliance

Maximum fee of up to $20.44

Certificate of Non-Compliance

Maximum fee of up to $385.00

 

The finalisation of the Regulations has seen a reduction in the maximum fee able to charged for registration and certificates of compliance, however a new search fee and increase for certificates of non-compliance when compared with the draft Regulations.  

Council will establish a register in existing systems initially to manage the change.

The current maximum fees are insufficient to fund administration, maintenance and enforcement of the register and it is estimated that up to 2 FTE will be required for the first 12 months.  This may be able to be reduced down to 1 FTE following that time and subject to evaluation of the impacts.

Due to the staged implementation, conservative budgeting indicates an operating loss of between approximately $75,000 and $100,000 for each year of staged implementation, with the potential for that loss to increase in subsequent years, however this is an unknown at this stage and dependant on a number of factors.  These estimates exclude search fees as well as fees for non-compliance certificates which will both assist offsetting this cost to Council.

Based on these initial assessments, it is recommended that the maximum fees be charged in all categories to minimise the financial implications on Council that are being imposed by the State Government.

Consultation

Consultation to date has been undertaken by the Victorian Building Authority (VBA), the Department of Environment, Land, Water and Planning (DELWP) and through industry groups such as the Municipal Association of Victoria (MAV), the Victorian Municipal Building Surveyors Group (VMBSG), as well as Council led focus sessions with the northern metropolitan Councils. 

The DELWP and VBA will be undertaking an extensive advertising program for the changes and Council will continue to liaise with them to ensure consistent and timely messaging.

In addition, Council has already provided information on its website, within the upcoming editions of the Local Scoop and also will provide information with rates notices/acquisition notices and also via social media.

CRITICAL DATES

The new Regulations commence in December 2019 and pool and spa owners have until June 2020 to register their pool/spa with subsequent inspections and certificates of compliance to be submitted in a staged approach after that time.

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.

Failure to adequately resource implementation and ongoing administration of the register including undertaking any necessary enforcement would result in breach of duties, breach of legislation, risk of safety and reputation.

It is also likely that Council will be required to demonstrate awareness across the organisation of the requirements for all outpost employees who attend properties within the municipality and an educational awareness program will be developed for all relevant staff.

A nominal random audit program will need to be implemented of known pool sites to check compliance against assessments of private building inspectors/surveyors to further minimise risk to Council and ensure appropriate safety of residents.

The administration and enforcement of the register will be considered further in context of Council’s broader Strategic Risk Register.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Efficient and effective Council services are responsive to community need

Council Priority                             Organisational Sustainability

Council will have a legislative responsibility to implement, administer and enforce the new swimming pool regulations.

Conclusion

The State Government are requiring Victorian Local Governments to administer and enforce new safety standards for swimming pools from December 2019.

This legislative change is likely to create confusion and frustration, therefore a clear and simple registration system is needed to assist pool/spa owners within the municipality.

The fees to be charged should be up to the maximum to ensure appropriate cost recovery given the imposition from the State Government in administering, implementing, monitoring and enforcing the new requirements.

 

RECOMMENDATION

THAT Council resolve to:

1.   Note the impending changes of legislation and resultant burden on Local Government and the Community (pool and spa owners); and

2.   Set the fees at maximum amount for registration, search fees, certificates of compliance and non-compliance to ensure cost recovery.

 

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.9      2019 Whittlesea 2040 Indicators Report

Attachments:                        1        2019 Whittlesea 2040 Indicators Report (Draft)

2        2019 Whittlesea 2040 Indicators A3 Poster   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Senior Research Officer   

 

RECOMMENDATION SUMMARY

The 2019 Whittlesea 2040 Indicators reporting has been finalised. It is recommended that Council endorse the 2019 Whittlesea 2040 Indicators Report, A3 poster and online dashboard for publication and release.

KEY FACTS AND / OR ISSUES

·    City of Whittlesea’s long-term vision, Whittlesea 2040: A place for all was endorsed by Council in October 2018.

·    The vision focusses on community outcomes. It sets the direction of Council’s strategic work, guided by four interrelated goals.

·    Seventeen priority indicators were identified to track progress towards meeting the Whittlesea 2040 goals.

·    A suite of reporting platforms has been developed to report on these indicators to community and other stakeholders, including a written report (16-pages), an A3 ‘Indicator snapshot’ poster and an online dashboard.

·    Endorsement is sought so the report, poster and online dashboard can be published and released for community use.

 

Report

Background

Extensive consultation with over 4,000 residents, community groups and organisations informed the development of the Whittlesea 2040 vision and four interrelated goals.

The Whittlesea 2040 Indicators will be reported on annually to monitor trends over time. The first report was developed in 2019. The reports are written in plain English, and the website and online dashboard has alternative text for people with a vision-impairment. 

As 35.5 per cent of residents are born overseas and 44 per cent speak a language other than English at home, the Whittlesea 2040 Indicators poster will be translated into the top-ten languages to ensure it is accessible to the broader community.

Proposal

That Council endorse the Whittlesea 2040 Indicators Report, A3 poster and online dashboard for publication and release.

Consultation

To ensure the A3 poster translation is accurate, the translated poster will be tested with community members who speak the top-10 languages in the municipality.

Critical Dates

Action

Date

Council Meeting

10 December 2019

Poster translated into the top-10 languages

After 11 December, 2019

Test translated poster with community

After 31 December, 2019

Report, poster, website and online dashboard published

After 31 December 2019

Communication Plan (for community and staff) implemented

January-February 2020

Financial Implications

Recurrent costs of:

·    four months of officer time (1 FTE - $34,312) to project manage the Whittlesea 2040 Indicators Report.

·    one month of officer time (1 FTE - $8,578) to analyse specialist data for the Tree Canopy indicator.

·    poster translation into the top-ten languages ($1,685.55 including GST).

·    annual housing.id subscription to report on the Housing Affordability indicator ($20,350 including GST)

·    LiDAR data to report on the Tree Canopy indicator, provided every five years (approximately $40,000).


 

Policy strategy and legislation

Council’s policies and strategies are aligned to Whittlesea 2040: A place for all.  These include:

-      Community Building Strategy

-      Active Whittlesea Strategy

-      Community Safety and Crime Prevention Strategy

-      Participation and Engagement Policy

-      Integrated Transport Strategy

-      Housing Diversity Strategy

-      Social and Affordable Housing Strategy

-      Economic Development Strategy

-      Open Space Strategy

-      Street Tree Management Plan

-      Environmental Sustainability Strategy

-      Integrated Water Management Strategy (in development)

-      Waste Management and Resource Recovery Strategy

-      Thriving Children, Young People and Families Strategy (in development)

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

Potential risk of communicating accountability and keeping the community informed.

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 inaugural Whittlesea 2040 Indicators report enables the City of Whittlesea to monitor progress towards meeting its goals and vision. A suite of reporting platforms has been developed to facilitate organisational and community access. These reports will be produced annually to allow Council to monitor trends over time. Council endorsement is sought to share the reporting platforms with community.

 

RECOMMENDATION

THAT Council resolve to endorse the 2019 Whittlesea 2040 Indicators Report, A3 poster and online dashboard for publication and release.

 

COUNCIL RESOLUTION

Moved:                       Cr Lalios

Seconded:               Cr Kozmevski

 

THAT Council resolve to:

1.    Endorse the 2019 Whittlesea 2040 Indicators Report, A3 poster and online dashboard for publication and release.

2.    Note that 50% of the indicators are worse than previous years.

3.    Develop action plans to address all of the indicators that are not meeting targets.

CARRIED

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                                                     Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.10    Community Development Grants Program 2019 - 2020 Round Two Funding Recommendations

Attachments:                        1        Summary of Funding Recommendations

2        Community Development Grants Program Guidelines   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Community Development Grants Officer   

 

RECOMMENDATION SUMMARY

That Council endorse the allocation of the Community Development Grants Program (CDGP) 2019–2020 Round Two, totalling $68,973.11, to the not-for-profit groups outlined in Attachment 1.

KEY FACTS AND / OR ISSUES

·    The CDGP 2019–2020 has a total budget of $142,429.00 to be split between two rounds.

·    The CDGP 2019–2020 Round One expended a total of $75,464.65, leaving $66,964.35 plus $3,000 in returned unspent funding (totalling $69,964.35) to fund Round Two.

·    The CDGP 2019–2020 Round Two received 33 applications totalling $138,831.90 in funding requests, of these 15 applications are recommended for funding.

·    Applicants were offered support to develop their applications via a grant writing workshop, drop-in support sessions, and communication with the Community Development Grants Officer via phone, email and face to face meetings.

·    Each application was independently assessed and scored by two assessing officers and reviewed by the Grants Management Panel.

·    The applications recommended for funding (Attachment 1) meet the objectives of the program by addressing local needs, building local capacity, promoting social cohesion and improving the quality of life and wellbeing of the City of Whittlesea community.

·    Where applicable, groups who submitted applications not recommended for funding will be supported to resubmit for future grant rounds.

 

Report

Background

Council’s Community Development Grants Program (CDGP) contributes to achieving ‘Whittlesea 2040: A Place for All’ by providing financial support for community initiatives that address local need, build on local capacity, promote social cohesion, and improve the quality of life and wellbeing of the City of Whittlesea community.

The CDGP 2019–2020 has a total pool of $142,429.00 to be split between two rounds with a maximum value of $5,000 per application. The CDGP 2019–2020 Round Two grant application period ran from 19 August to 29 September 2019.

Information and Support

Advertising for the CDGP 2019–2020 Round Two was circulated through Local Scoop, Council’s website and Facebook page. Information was also emailed to the CDGP database and eligible clubs and organisations across the municipality.

During the six-week application period, five applicant support sessions were held at Mill Park Library, Galada Community Centre, Laurimar Community Activity Centre, Whittlesea Community Activity Centre and Thomastown Library.

A free grant writing workshop facilitated by Our Community was held on 28 August 2019 and was attended by representatives from 13 community groups. Prospective applicants had the opportunity to learn about the CDGP objectives, assessment criteria, gain tips on writing grant applications, and speak with the Community Development Grants Officer about their project ideas.

The CDGP Guidelines were provided at all support sessions and the workshop.

Overview of Applications Received

·    The CDGP 2019–2020 Round Two received 33 applications totalling $138,831.90 in funding requested.

·    The overall total value of projects submitted was $303,151.68.

·    The total estimated value of external contributions towards project applications was $164,319.78. This included $87,934.80 of volunteer time and $76,384.98 of cash or in-kind contributions.

Assessment Process

The CDGP assessment process was run in accordance with Council’s Grants Policy and Grants Administration Guidelines. Each organisation and project were assessed against the criteria set in the CDGP guidelines and the provision of all mandatory documentation submitted.

The three-stage assessment process involved an initial eligibility review, two independent assessments by Council Officers, and a Grants Management Panel assessment for final funding recommendations.

Each application was thoroughly assessed and weighted against the criteria, with 15 applications being recommended for funding, nine not recommended and nine assessed as being ineligible according to the CDGP criteria.

 

 

Proposal

That Council give consideration to and endorse the recommended list of applications for CDGP 2019–2020 Round Two. This funding provides valuable resources to community-based organisations to undertake a broad range of initiatives which engage and benefit local communities.

Consultation

Contact with the Community Development Grants Officer was a condition of application to the CDGP to ensure accuracy and clarification of unclear items with applicants.

The Summary of Funding Recommendations (Attachment 1) was developed in consultation with assessing Council Officers and the Grants Management Panel.

Critical Dates

Applicants to the CDGP 2019–2020 will be notified of grant outcomes immediately after Council’s adoption of the funding recommendations, enabling projects to begin in January 2020. During December and January, internal and external communications will focus on announcing the successful applicants from 2019–2020 Round Two.

Round One of the CDGP 2020–2021 will open in April and close in May 2020. Internal and external communications launching 2020–2021 Round One will occur in March 2020.

A community event to celebrate both rounds of the CDGP 2019–2020 will be held early in 2020.

Financial Implications

The 2019–2020 CDGP budget allocation is $142,429.00 to be distributed between two rounds. Round one expended $75,464.65, leaving $66,964.35 plus $3,000 in returned unspent funding (totalling $69,964.35) to fund Round Two.

The Summary of Funding Recommendations for Round Two totals $68,973.11.

Policy strategy and legislation

The CDGP directly aligns with Whittlesea 2040: A Place for All - Goal 1: Connected Community. The CDGP 2019–2020 Round Two was administered and assessed in accordance with Council’s Grants Policy, adopted 21 November 2017.

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

Round Two was promoted, administered and assessed in accordance with Council’s Grants Policy. Assessment of applications was transparent as applicants were made aware of the assessment criteria and process via the CDGP 2019–2020 Guidelines (Attachment 2) prior to submitting an application.

 

 

 

 

 

 

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 CDGP leverages and builds on the existing skills and capacity of community-based organisations, providing an excellent ‘return on investment’ for Council. The 15 recommended applications for CDGP 2019–2020 Round Two totalling $68,973.11, contribute towards the provision of a wide range of projects and initiatives led by and benefitting the local community.

Where applicable, unsuccessful applicants will be offered support to resubmit an application for consideration in future grant rounds.

RECOMMENDATION

THAT Council resolve to 1.    Endorse the allocation of the Community Development Grants Program (CDGP) 2019–2020 Round Two, totalling $68,973.11 to the not-for-profit groups outlined in Attachment One.

council resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Kirkham

 

THAT Council resolve to:

1.          Endorse the allocation of the Community Development Grants Program (CDGP) 2019–2020 Round Two, totalling $68,973.11 to the not-for-profit groups outlined in Attachment One.

2.          Review the total funding with a view to possibly increasing the total amount in the upcoming budget to better reflect the scale and diversity of our community.

CARRIED

 


UNCONFIRMEDOrdinary Council Minutes                                                                                                                                                                                                                                                                       Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.1.11    Epping Community Services Hub Partner Organisation Request   

Responsible Officer:           Acting Director Partnerships, Planning & Engagement

Author:                                  Social Policy and Projects Officer   

 

RECOMMENDATION SUMMARY

THAT Council resolve to approve Australian Muslim Women’s Centre for Human Rights as a sub-tenant of the Epping Community Services Hub (713 High St, Epping).

KEY FACTS AND / OR ISSUES

·        Council’s establishment of the Epping Community Services Hub (ECSH) facilitates the expansion of much needed human service provision to the municipality. It responds to the needs of the community, providing innovative service and infrastructure delivery focused on integration and a partnership approach.

·        Council’s resolution on 24 February 2015 requires formal endorsement of all sub-tenancies of ECSH: “..Brotherhood of St Laurence 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” (Council Report 24/02/15, p1). There are currently 24 services operating from ECSH. 

·        Australian Muslim Women’s Centre for Human Rights have applied to be a sub-tenant of the ESCH. This agency is committed to the vision of the ECSH as an integrated service model and will support local Muslim women’s access to culturally sensitive settlement and family violence support services. 

·        The addition of this service at ECSH would support the needs of the local community and respond to unmet demand identified through the Human Services Needs Analysis 2018. The Brotherhood of St Laurence is satisfied that the addition of this service will not place undue demand on consultation rooms.

 

 

Report

Introduction

The ESCH is a Council facility being leased to the Brotherhood of St Laurence (BSL) as the lead agency which then sub-leases to appropriate community service providers. The total capacity of the Hub is 110 desks. Currently 90% of desk capacity is subleased.

Council has received an application from Australian Muslim Women’s Centre for Human Rights to locate their service at the ESCH requiring the equivalent of 0.4 desks (approximately 2 days per week). This agency will provide increased community access to culturally sensitive Muslim Women’s settlement and family violence support services. 

Background

The ECSH was established in May 2016 to respond to gaps in service provision and infrastructure in innovative ways to better address needs in the community. The Epping Central Structure Plan (2011), the South Morang Civic Precinct Community Infrastructure Analysis (2013) and the Human Services Needs Analysis (2013) identified 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 ECSH provides an opportunity to meet the current needs of the community and respond to the evidence of significant population growth.

Through an Expression of Interest process undertaken in September 2014, 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. Council also confirmed that any sub-tenancies needed to be formally endorsed by Council.

Proposal

Australian Muslim Women’s Centre for Human Rights has requested approval from Council to locate its services at the ECSH and occupy the equivalent of 0.4 desks (approximately 2 days per week).

Australian Muslim Women’s Centre for Human Rights – This service provides culturally sensitive settlement and family violence support services for Muslim women. The service offers outreach, risk assessments, casework, groupwork and advocacy to support women navigating the service system, and to access services and appropriate referrals.

In accordance with Council’s resolution on 24 February 2015 this report recommends that Council formally approve Australian Muslim Women’s Centre for Human Rights as sub-tenants of the Epping Community Services Hub (713 High St, Epping).

Consultation

The 2018 Human Services Needs Analysis found nearly all culturally and linguistically diverse (CALD) support services identified increased demand and over 70% of these services were unable to meet this increased demand.  Family Violence support services identified similar rates of unmet demand. Both BSL and Council officers are satisfied that the location of this service at ECSH would support the needs of the local community.

Council officers and BSL are satisfied that the agency supports the integrated service provision model stipulated by Council. BSL has identified the service demand on consulting rooms will be accommodated within current capacity.

Critical Dates

The Australian Muslim Women’s Centre for Human Rights plans to commence operations at the ECSH on the 6 January 2020, pending Council approval.

Financial Implications

The current model at the ECSH, 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). There are no financial implications for Council from this report.

Policy strategy and legislation

The ESCH is intended to respond 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.

link to strategic risks

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

The ESCH is intended to respond to gaps and substantial demand for community service provision and infrastructure in the municipality. The ESCH meets the current needs of the community and provides an opportunity to 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 Australian Muslim Women’s Centre for Human Rights is committed to the vision for the ECSH as an integrated service model and will support local Muslim women’s access to culturally sensitive settlement and family violence support services. This report, therefore, recommends that Council formally approve Australian Muslim Women’s Centre for Human Rights as sub-tenants of the ECSH.

 

RECOMMENDATION

THAT Council resolve to approve Australian Muslim Women’s Centre for Human Rights as a sub-tenant of the Epping Community Services Hub (713 High Street, Epping).

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

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

Carried

  

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.2       Community Services

6.2.1      Netball and Basketball Plan

Attachments:                        1        Whittlesea Netball and Basketball Plan 2019-2041   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Sport & Recreation   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the Whittlesea Netball and Basketball Plan 2019-2041.

KEY FACTS AND / OR ISSUES

·        The Whittlesea Netball and Basketball Plan 2019-2041 (the Plan) (attachment 1) indicates there is a high demand for additional indoor and outdoor sports courts across the municipality.

·        There is a current shortage of 21 indoor sports courts and 20 compliant outdoor netball courts to meet community demand.

·        It is estimated that 51% of registered netball participants and 46% of registered basketball participants are leaving the municipality to play sport.

·        Council does not own or operate any indoor or outdoor courts which are compliant with current standards, however facilities that are not compliant with current standards can still be used at the State Sporting Association’s discretion.

·        Due to the significant financial implications of building sports stadiums all projects within the plan have been classified as either ‘Priority One’ or ‘Priority Two and split into three timeframes for development - short (by 2024), medium (by 2030) and long (by 2041) term.

·        Delivery of identified Priority One projects by 2030 would see the following:

o   Up to 16 new indoor sports courts.

o   28 new or upgraded outdoor netball courts across 10 sites.

 

 

 

Report

Background

In May 2014, Council adopted the Indoor Sports Stadium Feasibility Study 2014 which found there is little capacity for additional use of existing facilities and made the following recommendations:

·    Development of a six-court facility in Mernda (to be combined with the proposed aquatic facility).

·    Development of a six-court facility at the Epping North Regional Recreation Reserve.

·    Development of a six-court facility within Wollert.

·    Developing partnerships with schools and others should be actively pursued.

The Plan presented is in line with these initial recommendations; however, it also makes detailed recommendations relating to outdoor court provisions, potential sites, indicative costings and operational models.

Netball and Basketball Plan 2019

Throughout 2019 the Plan was developed in collaboration with Netball Victoria and Basketball Victoria, local netball and basketball clubs and associations, local schools, players, and the broader community. Key findings include:

·   Netball participation within Whittlesea is estimated at 0.9%, which is lower than the greater Melbourne participation rate of 1.3%. Based on average participation rates, there should be an estimated 830 additional netballers participating locally.

·   Local basketball participation rate is estimated at 3.6%; this is significantly lower than other growth Councils, which report participation rates between 4.5 and 5.0%. As such there should be approximately 3,220 additional basketballers participating locally.  

·   It is estimated that 51% of registered netball participants and 46% of registered basketball participants leave the municipality to play. This travel is attributable in part to the lack of facilities available within the municipality and further contributes to already problematic road congestion.

In developing the plan an extensive community consultation and engagement process was undertaken including a condition audit on all existing sports courts within the municipality. Common themes identified in consultation related to:

·    Poor quality facilities, a lack of suitable or compliant competition venues within the municipality.

·    A high level of dissatisfaction with netball and basketball facilities and ongoing commentary that poor quality facilities are preventing people from playing, especially females.

·    There is an insufficient number of courts available to meet demand for both netball and basketball and little or no capacity to increase court time.

·    Access to school facilities is important to support participation, however many access issues to basic infrastructure exists.

·    Increasing demand and the lack of access to training courts has resulted in clubs/associations having to cap player numbers and turn people away.

·    There is a clear lack of participation pathways within the city, particularly for netball.

·    Opportunities to host basketball and netball tournaments are limited as there are not many sites that have four or more courts available for simultaneous use.

·    Historical lack of Council investment in sports courts. Council has not constructed indoor sports courts since 1998.

·    The lack of investment in indoor stadia disproportionately affects women and girls participation, which contributes to low physical activity participation rates within the municipality.

Based on the consultation findings, industry benchmarking and leisure planning within a growth municipality, provision ratios for both indoor and outdoor courts were developed.  Whilst developed with a specific focus for netball and basketball, these ratios are based on the understanding that indoor courts will be multi-purpose facilities that can cater for the diverse and evolving interests of the City of Whittlesea community i.e., basketball, netball; as well as a range of other indoor sports including volleyball and badminton. Outdoor courts are commonly only utilised for netball, as such they require their own provision ratio. The court provision ratios recommended in the Plan for the City of Whittlesea are:

·    Outdoor netball court (floodlit) - 1 court per 7,000 people.

·    Indoor sports court - 1 court per 6,000 people.

While these ratios are ideal, affordability of sports courts infrastructure and competing demands for other sports and community facilities must also be considered. As such, projects have been prioritised. 

Project prioritisation and indicative costs 

The project prioritisation process has classified all projects as either Priority One or Priority Two.

·    Priority One are projects considered essential to establishing viable participation opportunities within the municipality.

·    Priority Two are projects that may only be viable for delivery with support of external funding.

The plan is also split chronologically into ‘short’ (0 to 5 years), ‘medium’ (5 to 10 years) and ‘longer-term’ (10 to 20 year) sections; with a high level of focus and accuracy on the short and medium-term projects, being 2019 to 2030.

Delivery of all Priority One projects by 2030 would involve construction of:

·        16 new indoor sports courts

·        28 new / upgraded outdoor netball courts, across 10 sites

The indicative cost to Council for implementation of these projects is $72 million. Of the $72 million Council budget required, $38 million is currently allocated to projects through developer contributions or Council’s long-term financial plan. The gap of $34 million will be considered as part of Council’s future infrastructure planning and prioritisation.

Operational modelling and partnerships

Operational business modelling for indoor sports facilities indicates that indoor facilities of four courts or more can provide a positive or break-even operational return. Therefore, there is a recommendation for all Council owned or operated facilities to be a minimum of four courts.

At an estimated cost to Council of $3.5-$4 million per indoor court, development of indoor sports courts poses significant financial implications. Opportunities for partnerships and grants in development of these facilities should be actively explored.

Department of Education and Training delivery of indoor and outdoor sports court infrastructure at schools is important in the delivery of the Plan. The Plan makes the following assumptions:

·    Costs for development of new indoor sports courts at future school sites will be fully funded by the Department of Education and Training (DET).

·    Costs for development / redevelopment of outdoor netball courts at school sites would need to be negotiated with DET.

Proposal

The Plan recommends a range of projects for development, specifically:

·    Mernda Sport Hub, 6 indoor courts and 8 outdoor netball courts – short term.

·    Epping Regional Recreation Reserve, 10 indoor courts and 2 outdoor netball courts – medium term

·    Donnybrook Indoor Sports Stadium, 6 indoor courts – long-term.

·    Delivery of 28 new or upgraded outdoor netball courts across 14 sites (by 2030).

The Plan also identifies a range of Priority Two projects for case-by-case consideration.

Consultation

Consultation with a diverse range of stakeholders was undertaken to inform the development of the Netball and Basketball Plan. These included:

·    Local netball associations/ leagues: Plenty Valley Netball Association, Whittlesea District Netball Association, Northern Football Netball League, Northern Pride Netball Association

·    Local basketball associations/ leagues: Whittlesea City Basketball Association, Whittlesea Junior Basketball Association and Whittlesea Community Basketball Association

·    State sporting associations: Netball Victoria and Basketball Victoria

·    Representatives from local clubs

·    Facility operators (including privately owned/operated and schools)

·    The wider community

Engagement mechanisms varied utilising both electronic resources (email, online consultation tools and social media) and targeted consultation (face to face interviews and surveys) to maximise stakeholder input into the plan. A club survey was distributed with 62.5% of netball clubs and 40% of basketball clubs providing responses. A community competition was also held, which led to over 400 responses from the wider community.

The following common themes were identified across the engagement with both netball and basketball stakeholders:

·    Poor facility condition

·    Demand / access to courts

·    Lack of participation pathways

·    Financial viability of clubs

·    Limited investment into stadium infrastructure to date; especially when compared to investment and support of other sports such as AFL and soccer.

Critical Dates

N/A

Financial Implications

There are significant capital costs associated to the plan.

The indicative cost to Council for implementation of short-term and medium-term priority one projects in the plan to 2030 is $72 million. Of the $72 million Council budget required, $38 million is currently allocated to projects through developer contributions or Council’s long-term financial plan. This leaves an estimated funding gap of $34 million. All projects will be considered through Council’s annual budgetary process.

Given the significant financial burden, partnership projects undertaken in conjunction with the Department of Education and Training, Sport and Recreation Victoria, Victorian School Building Authority, State Sporting Associations, State Government grants or private partners will be considered favourably. Basketball Victoria and Netball Victoria have already and will continue to advocate to the State and Federal Governments for grants that support Council’s ability to deliver indoor and outdoor sports courts

Policy strategy and legislation

The Netball and Basketball Plan 2019 strongly aligns with, and will deliver outcomes related to, several key policies and strategies including:

·    Whittlesea 2040: A Place for All – Goal one Connected Community through increased physical activity rates (direction 1.2).

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

·    City of Whittlesea Soccer Strategy 2017.

·    City of Whittlesea Health and Wellbeing Partnership Plan 2017 – 2021.

·    Equal and Safe Strategy 2019

·    Active Victoria Strategy – 2017 – 2021.

link to strategic risks

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

Long-term planning for indoor and outdoor sports courts contributes towards Council’s commitment to building a healthy and safe community through increasing physical activity opportunities.

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

Significant financial investment is required as part of the implementation of this Plan. The inclusion of preliminary costings for proposed projects enables Council to adequately plan for large investments across the next 10 years, as well as to identify indicative spend to a future funding horizon of 20 years.


 

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Connected community

Whittlesea 2040 Key Direction     A healthy and safe community

Strategic Objective                        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

The Plan continues Council’s strong commitment to enhancing the quality of life for all residents. It recognises the valuable contribution that organised team sports such as netball and basketball make to community health, individual physical activity levels and general wellbeing. It is evident some residents are not getting the necessary benefits that physical activity can bring, and Council’s lack of compliant indoor and outdoor sports courts is contributing to this inactivity. Whilst the costs associated with providing this infrastructure is significant, there is clearly a community demand and strong economic modelling supporting development and delivery of such facilities.

 

RECOMMENDATION

THAT Council resolve to adopt the Whittlesea Netball and Basketball Plan 2019-2041.

COUNCIL RESOLUTION

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to:

1.         Adopt the Whittlesea Netball and Basketball Plan 2019-2041.

2.         Draft individualised costings for each project on pages 32, 33 and 34 of the report be provided to Councillors and this be incorporated into the 2020-21 Budget process.

This will enable individual projects to maximise the potential of pursuing State and Federal grants such as SRV Grants and Female Friendly Facilities Fund Grants.

 CARRIED

 

 

 

 

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Lalios

Cr Cox

Cr Monteleone

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Nil

Abstained

Nil

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

  carried UNANIMOUSLY

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

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UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.2.2      Health and Wellbeing Partnership Plan 2017-21:Progress Report   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Health Planning   

 

RECOMMENDATION SUMMARY

That Council note the report, including the highlights from 2017-19 and the focus areas for 2020-21.

key facts and / issues

Council endorsed the Health & Wellbeing Partnership Plan 2017-2021 (HWPP) in October 2017.  The HWPP provides a roadmap to guide integrated planning for health and wellbeing across the City of Whittlesea for four years. The HWPP reflects work across Council departments and external partner organisations.

There is a legislative requirement under the Public Health and Wellbeing Act that Council develop and adopt a Plan within 12 months of the election of a new Council.

Highlights for the 2017-19 period include:

·    Whittlesea suicide prevention trial

·    Son’s of the West in the North

·    Whittlesea Girls Can

·    Youth Action on Risky Drinking

Focus areas for 2020-21 include:

·    Alcohol harm reduction

·    Access to green open space

·    Health impacts of climate change

 

 

Report

Introduction

This report provides an overview of progress on the Health and Wellbeing Partnership Plan 2017-2021.  The report also provides an overview of refinements to the Plan for the 2020-2021 period:

·    to ensure alignment with Whittlesea 2040: A Place for All and the Victorian Public Health and Wellbeing Plan 2019-2023 which was released in August 2019,

·    to reflect new initiatives across Council where there is alignment in outcomes sought.

A review of emerging evidence including the City of Whittlesea 2019 Annual Household Survey and the Victorian Population Health Survey released in September 2019 has been undertaken to ensure the Plan continues to reflect current community health status and health determinant indicators.

Background

The Health & Wellbeing Partnership Plan 2017-2021 (HWPP) was endorsed by Council on 31 October 2017.  The HWPP provides a roadmap to guide integrated planning for health and wellbeing across the City of Whittlesea for four years.  The HWPP reflects work across Council departments and external partner organisations where there is alignment in outcomes sought.

Policy ALIGNMENT and legislation

There is a legislative requirement that Council develop and adopt a Health and Wellbeing Plan within 12 months of a new Council being elected. For the initial two-year period, the HWPP reflected the structure of the City of Whittlesea Community Plan and detailed specific actions and partnerships across ten focus areas.  The HWPP priorities for the 2020-2021 period have a strong alignment with Whittlesea 2040 (W2040) goals and key directions with only minor structural refinement.

The HWPP responds to;

·    the Victorian Public Health and Wellbeing Act 2008 requirement that Municipal Public Health and Wellbeing Plans have regard to the Victorian Public Health and Wellbeing Plan.

·    recommendation 94 of the Royal Commission into Family Violence report to reduce family violence and respond to the needs of victims. The Equal and Safe Strategy (2019) confirms Council’s commitment detailed in the action plan.

·    s.14 of the Climate Change Act 2010 to consider climate change during the preparation of a Plan.

The Victorian Public Health and Wellbeing Plan 2019-2023 released in August 2019 has a strengthened focus on climate change. This is consistent with the W2040 goal: Sustainable Environment and the emphasis on being Climate Ready in W2040.

ProGRESS

Progress on the actions for the 2017-19 period has been positive with most actions (94%) being completed or on track, some with revised timelines.

Actions in relation to Focus Area 4 Facilitating Access to Green Open Space have been deferred.  Implementation to address this deficit, detailed in a later section of this report, is scheduled for 2021-22.

 

In relation to Focus Area 1. Create safe and welcoming community environments

1.1 Ensure that future Strategic or Capital Works projects contribute to the creation of safe, connected, liveable and community focused environments.

A review of progress on Action 1.1 identified that the broad scope of this action lies across Directorates and was not currently able to be monitored or driven through the HWPP process.  It is anticipated that the strong emphasis in W2040 - Goal 2. Liveable neighbourhoods, and 2.2 Well-designed neighbourhoods and vibrant town centres, will ensure that the intent of this action is driven through the vision of W2040.

HWPP Highlights 2017-2019

The highlights listed below reflect a brief snapshot of key collaborative initiatives that are nearing completion or have been completed during the 2017-2019 period.

Whittlesea Place-based Suicide Prevention Trial

Council has been a key partner in the local development of the Department of Health and Human Services (DHHS) funded initiative to trial a systemic, coordinated approach to suicide prevention over 4 years (2016-2020) across 12 Victorian sites.  Work in the initial phase focussed on understanding the local needs to develop evidence informed initiatives responsive to the local context.

Action has focused on both universal approaches and “higher risk” groups, including:

·    Aboriginal people - consultation, focus groups and culturally appropriate training

·    Young people - identifying the service system gaps and developing a North East Melbourne Youth Suicide Prevention Communication Protocol

·    High risk culturally and linguistically diverse community populations - this sensitive and complex work has involved partnerships and planning with Victoria Police, Whittlesea Community Connections (WCC), the Coroner’s Office and key academics

·    Older men – through the Sons of the West in the North program.

Officers have also worked closely with the external evaluators, Sax Institute and Monash University, to ensure learnings from the trial contribute to reduced suicide, improved community resilience and an improved system to prevent suicide in an ongoing way.

Sons of the West in the North (SOWiN)

SOWiN is an innovative program which reaches men that would be unlikely to participate in health and wellbeing programs or structured sports activities. SOWiN was delivered locally in 2018 and 2019 in partnership with the Western Bulldogs Football Club, WCC and Eastern Melbourne Primary Health Network.  Program content over 10 weeks includes physical and mental health and respectful relationships.  The program was inclusive of a wide range of ages, abilities, cultures and religions and evaluation demonstrates positive participation, retention and outcomes for the 85 graduates.

Whittlesea Girls Can

The Whittlesea Girls Can campaign was developed in response to local data which showed a high proportion of local women reported getting no exercise and research highlighting fear of judgement as a barrier to physical activity for women and girls.  The initiative was based on the VicHealth This Girl Can – Victoria campaign and promoted positive and inclusive messages through development of an on-line video featuring a diverse range of local women encouraging women to be active.

Youth Action on Risky Drinking (YARD)

The YARD project aimed to reduce risky drinking among young people in Whittlesea by creating a dialogue about the negative ways risky drinking impacts friendships and the positive way friendships protect people from risky drinking.  The project has been chosen by VicHealth as one of three exemplar projects for a guide to alcohol culture change practice.  The YARD project is also a finalist in the Preventing Harm from Alcohol category in the 2019 VicHealth Awards.

Refinements and areas for refocussed effort in the 2020-21 period

1)   Alcohol harm reduction

The Preventing Alcohol Related Harm Policy adopted by Council in August 2016 provided a strong rationale for a focus on key settings of Council influence including; the workplace, sports settings, community facilities and events.

A staged approach is required, focussed on settings where there is a level of existing readiness and capacity.

1.       Action to strengthen policy and practice in Council community facilities has been achieved in the past year.

2.       More recently a renewed focus on sport settings has commenced with very positive engagement reflected in surveys conducted at recent Sports Club Development Workshops. The survey also provided valuable data to guide planning to strengthen policy and practice in sports settings for the 2020-21 period.

Key Council departments have recently participated in the Australian Drug Foundation Local Government Prevention, Capacity, and Infrastructure Survey.  The survey report will provide insights to guide the review of the Preventing Alcohol Related Harm Policy and action plan scheduled for completion February 2020.

2)   Facilitate access to green open space

Focus Area 4 of the HWPP reflects compelling evidence of the link between nature and both physical and mental health.  This priority recognises the significant natural assets in the local area and VicHealth data highlighting that Whittlesea had the lowest rate in Victoria of visits to green space in 2012.  The rationale also reflected linked benefits:

·    Increased activation of open space and increased perceptions of safety,

·    Increased frequency of visits to open space and increased stewardship of the environment.

The importance of this priority has since been reinforced through W2040 consultations and W2040 Priority Indicator: Use of open space

There has been a strengthened focus on nature play and environmental education events and programs for children and families with positive outcomes and reach.

An initiative proposed for 2020/21 Connected Communities in Parks aims to:

·    Develop a whole of Council coordinated approach to activation of parks

·    Deliver an annual program of small events and activities within the City’s parks and reserves

·    Increase community understanding of the benefits of health and nature to health and wellbeing.

 

3)   Tackling climate change and its impacts on health

The Victorian Public Health and Wellbeing Plan 2019-2023 released in August 2019 has a strengthened focus on climate change as one of the four key focus areas.

Tackling climate change and its impacts on health aims to achieve:

•    Resilient and safe communities that are adapting to the public health impacts of climate change

•    Decreased health impacts associated with climate change

•    Increased action to reduce greenhouse gas emissions and realise health co-benefits.

This is consistent with the W2040 goal: Sustainable Environment and the emphasis on being Climate Ready in W2040.

Key opportunities to build on the work undertaken to respond to climate change and heatwave in the first two years of the HWPP:

·    Action 6.3 The heat vulnerability mapping project (and Cool it Whittlesea Action Plan)

·    Action 6.5 The register of vulnerable persons

have been identified.  Further work to explore emerging opportunities will be a priority for focus over the 2020-21 period.

The Cool it Whittlesea Action Plan identifies how heat affects the municipality and where our community is most vulnerable. Recommendations have clear implications for integrated planning across a range of Council areas including but not limited to:

·    Open Space Strategy

·    Integrated Transport Strategy and Bicycle Plan

·    Urban Development Guidelines

·    Greening Whittlesea: City Forest Strategy (in development)

·    Integrated Water Management Strategy (in development)

·    Greater Whittlesea Framework Plan (in development), and

·    Municipal Heat Plan

Consultation

The HWPP reflects a partnership approach and ongoing consultation and collaboration with internal and external stakeholders is integral to all stages of planning and implementation, monitoring and evaluation.

Financial Implications

There are no additional financial implications for Council.

link to strategic risks

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

Failure to adequately plan to address the impact of climate change on the health and wellbeing of the community, including a focus on vulnerable groups, will have significant health and safety outcomes for the community.

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.

Conclusion

There has been positive progress to deliver on actions scheduled for the 2017-2019 period of the Health and Wellbeing Partnership Plan 2017-2021.  Key priorities for focus in the 2020-21 period are:

1)      Alcohol Harm Reduction,

2)      Facilitating access to green open space, and

3)      Tackling climate change and its impacts on health.

 

RECOMMENDATION

THAT Council resolve to note the report, including highlights from 2017-19 and the focus areas for 2020-21.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

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

Carried

 


UNCONFIRMEDOrdinary Council Minutes                                                           Tuesday 10 December 2019

 

6.2.3      RESPONSE TO JOINT LETTER - AUSTRALIA DAY AND OUR ABORIGINAL COMMUNITY   

Responsible Officer:           Director Community Services

Author:                                  Team Leader Aboriginal & Cultural Diversity   

 

RECOMMENDATION SUMMARY

The report proposes that Councillors:

 

1.   Note that the nature of the current event held annually on 26 January is distressing for local Aboriginal people and creates a tension with our ability to effectively foster reconciliation

 

2.   Implement a community awareness program and advocate to the Federal Government to change the date of Australia Day

 

3.   Continue to deliver activities on Australia Day and work alongside the Aboriginal community, the broader community, the Australia Day Committee and Reconciliation Victoria to develop a more respectful approach to holding Australia Day activities on 26 January.

KEY FACTS AND / OR ISSUES

·    At the Council Meeting on 12 February 2019, in response to a joint letter from the Whittlesea Reconciliation Group (WRG), Council committed to:

-     Investigate options for hosting a more respectful and inclusive Australia Day including when and how current celebrations are held.

-     Commit to consultations with the Aboriginal community to discuss the pain the current celebrations cause Whittlesea residents.

-     Consider the list of recommendations provided to Council in October 2017.

-     Explore a more respectful and culturally sensitive approach for the 2020 celebrations and beyond

-     Consider a report at a subsequent meeting.

·    Council had previously noted correspondence from WRG including a position paper and recommendations at its Meeting of 12 November 2017.

 

·    The City of Whittlesea holds an event on Australia Day, 26 January.  Activities include a citizenship ceremony, the Whittlesea Australia Day Awards overseen by the Australia Day Committee and a free public event of entertainment and fireworks.

 

·    The National Australia Day Council notes that some Aboriginal and Torres Strait Islander people and non-Aboriginal and Torres Strait Islander Australian have mixed feeling about celebrating this day – some consider it a day of mourning, and others use the day to mark the survival of their ongoing traditions and cultures. 

·    Since 2017, the Whittlesea Reconciliation Group (WRG) and Aboriginal community leaders have strongly communicated to Council that 26 January marks a day of sadness, trauma and distress. WRG advocates for the City of Whittlesea to join other local Councils and ‘Change the Date’ on which our Australia Day celebrations are held.

·      Conducting a large-scale event on 26 January potentially creates a tension with Council’s commitment to reconciliation.  The event is considered inappropriate and hurtful by some members of the community.

 

Report

Introduction

This report addresses the issues associated with conducting celebrations on 26 January as raised by the Whittlesea Reconciliation Group and local Aboriginal leaders on behalf of the community.

The report presents four options, three of which would maintain Council’s commitment to the reconciliation process by hosting a more respectful and inclusive Australia Day event.

Background

Australia Day is a gazetted public holiday that has been celebrated nation-wide on 26 January since 1994.

According to the Australia Day Council, more than half of all Australians participate on Australia Day attending events organised by State Governments, local councils, community groups or getting together with family and friends.  In addition, over 16,000 new Australians become citizens on Australia Day. The National Australia Day Council states that;

“26 January has multiple meanings: it is Australia Day for some, and it is also, for some, Survival Day.

Some Aboriginal and Torres Strait Islander people and non-Aboriginal and Torres Strait Islander Australians have mixed feelings about celebrating this day - some consider it a day of mourning, and others use the day to mark the survival of their ongoing traditions and cultures.

It's important that these views are respected and that collectively we have constructive conversations about this history and seek ways to move forward together as a nation.

Our national day provides an o