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Minutes

 

OF ADJOURNED Ordinary
COUNCIL MEETING

HELD ON

Tuesday 17 December 2019

AT 6.40PM

In Council Chamber, 25 Ferres Boulevard, South Morang


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 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


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 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

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

 

ORDER OF BUSINESS

 

The Acting Chief Executive Officer submitted the following business:

 

1.            Opening.. 7

1.1         MEETING OPENING AND PRAYER.. 7

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 7

1.3         welcome to STATE GOVERNMENT appointed monitor – yehudi blacher.. 7

1.3         Present.. 7

2.            Apologies.. 7

3.            Declarations of Interest. 8

6.1         Partnerships, Planning & Engagement. 9

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. 9

6.2         Community Services.. 63

6.2.4       Aged Care Reform – Transition Plan.. 63

6.3         City Transport and Presentation.. 71

6.3.3       2019/20 First Quarter New Works Program Report. 71

6.4         Corporate Services.. 75

6.4.6       Quarterly Financial Report Q1 - September 2019. 75

6.5         Executive Services.. 79

6.5.1       Appointment of Councillor Delegate to the Municipal Fire Management Planning Committee.. 79

7.            Notices of Motion.. 85

7.1           Notice of Motion 878 - Funding of facilities at Shield Street, Epping (Prism Park) 85

7.2           Notice of Motion 879 - Funding of indented parking in Josef Street, Bundoora.. 87

7.3           Notice of Motion 880 - Mernda Aquatic & Indoor Sports Centre.. 89

7.4           Notice of Motion 881 - Public Toilets at David Street, Lalor   95

8.            Questions to Officers.. 97

8.1           QUESTION TO OFFICER Cost of lost productivity of Staff that left the office at 4pm.. 97

8.2           QUESTION TO OFFICER COUNCIL MOTOR VEHICLE ACCIDENT. 97

9.            Urgent Business.. 99

9.1           URGENT BUSINESS – PROBITY REVIEW –  PLANNING DEVELOPMENTS WITHIN THE   CITY OF WHITTLESEA.. 99

9.2           URGENT BUSINESS - REFERAL TO Department of Foreign Affairs and Trade Prespa Agreement. 105

council resolution.. 105

10.         Reports from Delegates Appointed to Council by Other Bodies. 107

11.         Confidential Business. 109

11.1       Partnerships, Planning & Engagement. 109

Nil Reports.. 109

11.2       Community Services.. 109

Nil Reports.. 109

11.3       City Transport and Presentation.. 111

11.3.1    Redevelopment of the Mill Park Leisure Centre, Mill Park Contract 2017-101 - Update on Project and Contract Variation Report. 111

11.4       Corporate Services.. 113

Nil Reports.. 113

11.5       Executive Services.. 115

11.5.1    Governance Related Legal Advice.. 115

11.5.2    Outcome of Independent Investigation and Probity Audit  117

11.6       Notices of Motion.. 119

Nil Reports.. 119

12.         meeting lapsed at 12:15pm.. 119

 

Note:

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


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Acting Chief Executive Officer opened the meeting with a prayer at 6:40pm.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Mayor, Cr Emilia Lisa 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       welcome to STATE GOVERNMENT appointed monitor – yehudi blacher

The Mayor, Cr Emilia Lisa Sterjova welcomed State Government appointed Monitor, Yehudi Blacher.

1.3       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)

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

 

Monitor:

             Yehudi Blacher                   State Government appointed Monitor

2.         Apologies

Nil

 

3.         Declarations of Interest

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

NIL

 

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

6.1       Partnerships, Planning & Engagement

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:           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

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:

 

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.

 

 

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:

 

a.  ‘Keep Clear’ linemarking and associated works.

 

b.  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

 

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

Acting Chief Executive Officer Explanatory Note

The procedural motion and division above where undertaken at the Council Meeting held 10 December 2019.

council resolution

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:

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.

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:

a.    ‘Keep Clear’ linemarking and associated works.

b.    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

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 Kozmevski

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Cox

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Cr Lalios

Cr Monteleone

Abstained

Cr Pavlidis

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

carried

 

 

 

  

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

6.2       Community Services

6.2.4      Aged Care Reform – Transition Plan

Attachments:                        1        Aged Care Reform Transition Plan

2        CHSP services provided by Council

3        Council Resolution 3 July 2018

4        Evaluation Criteria   

Responsible Officer:           Director Community Services

Author:                                  Aged Care Reform Implementation Project   

 

RECOMMENDATION SUMMARY

 

That Council:

1.    Note the Aged Care Reform Transition Plan.

2.    Continue to provide its current range of Commonwealth Home Support Programme (CHSP) services through to 30 June 2022, dependent upon the offer of extension from the Commonwealth Government being consistent with current terms.

3.    Continue to receive updates on the Commonwealth model of Aged Care Reform to enable an informed decision by Council on its future role.

KEY FACTS AND / OR ISSUES

The Commonwealth is responsible for Aged Care Service for older Australians and is part way through a process of significant reform which will impact on Council’s roles as a provider of Commonwealth funded Aged Care services.

·    Assessment: The Commonwealth’s entry level assessment program, currently provided by Council will cease in June 2020 and be replaced by the ‘Streamlined Assessment Workforce Model’.

·    Commonwealth Home Support Program (CHSP): Council is funded to provide this service until June 2020.The Commonwealth has indicated it will offer existing providers an extension of CHSP funding until June 2022 under similar terms to the current contract. It is understood that a different funding model will apply from July 2022 which will impact Council’s role as a provider of at least some of these services.

·    Council has previously resolved that officers should monitor the funding and policy environment, advocate for a good outcome for the community and prepare an Aged Care Reform Transition Plan by end 2019.

·    The Transition Plan analyses a range of reform scenarios and evaluates what would be a good outcome for the community if that scenario was to arise.  It also includes high level implementation plans.  The plan is not a recommendation but will support future decision making as more details become available from the Commonwealth Government.

It is likely that a decision on Council’s role in CHSP provision will be required in early to mid-2021 to enable an effective transition to whichever service model the Commonwealth implements from July 2022.

Report

Background

Council has previously been advised of the Commonwealth’s Aged Care Reform program and considered the matter at meetings on 3 July 2018 and 4 June 2019.

Council currently provides a range of Aged Care Services to the community which are partially funded by the Commonwealth Government.  A full list of Council’s current services is provided at Attachment 2: City of Whittlesea Commonwealth Home Support Programme Funded Services.

In 2018 Council resolved to remain in Commonwealth funded services and monitor the funding and policy environment and be updated in mid-2019 (See attachment 3: Council Resolution 3 July 2018).

On 4 June 2019 Council resolved “develop a transition plan by December 2019 covering a range of scenarios to support Council’s response to Aged Care Reform developments through to June 2022”.

Proposal

It is proposed that the attached ‘Aged Care Reform Transition Plan’ guides Council’s future decision making about its role as a service provider in Aged Care as more information becomes available. (See attachment 1: Draft Aged Care Reform Transition Plan)

·    The Transition Plan analyses a range of reform scenarios and evaluates what would be a good outcome for the community if that scenario was to arise and includes high level implementation plans.  The plan is not a recommendation but will support future decision making as more details become available.

·    The Commonwealth is committed to implementing change in how Aged Care services are delivered to older Australians. It is expected there will be a new service model for its Commonwealth Home Support Programme (CHSP) from July 2022.  Even if Council continues to provide its existing range of CHSP services for the Commonwealth, it will be necessary to implement a transition to the new service model.

·    It is likely that a decision on Council’s role in CHSP provision will be required around early to mid-2021 to enable an effective transition to the service model being implemented by the Commonwealth from July 2022.

Whilst the Transition Plan focuses on CHSP service delivery, it also addresses the Commonwealth’s proposal to replace the current assessment service with a new ‘Streamlined Assessment Workforce’ model from July 2020.  In response to the ‘Legislative Review of Aged Care’, the Commonwealth is implementing a more consistent and effective national assessment service.  The Commonwealth has released some information about the model and analysis of this information suggests there will not be a viable role for Victorian Local Government in assessment post June 2020.  A final determination cannot be made until more information is made available by the Commonwealth.

Consultation

The Transition Plan development has been built on extensive client consultation including the Aged and Disability Client Satisfaction survey 2019 and as part of the development of Council’s Positive Ageing Strategy.

Critical Dates

2019:   Council resolved that an Aged Care Reform Transition Plan to guide Council’s future decisions should be developed by end 2019.

2020:   Council’s funding from the Commonwealth to deliver Aged Services including Assessment ends on 30 June 2020.

·    Assessment: The current assessment model will be replaced by a new model from July 2020 – it is unlikely there will be a designated role for local government in this new model.

·    Commonwealth Home Support Programme (CHSP): The Commonwealth has indicated it will offer existing providers an extension of CHSP funding until June 2022 under similar terms to the current contract.  It is understood that a different funding model will apply from July 2022 which will impact Council’s role as a provider of at least some of these services.

·    The current contracts for Delivered Meals provision and Property Maintenance services are aligned with the current CHSP funding agreement and will expire in mid 2020.  With the Commonwealth’s proposed extension of block funding for CHSP to June 2022, these services may need to be procured through to June 2022.  These will be the subject of separate Council reports in the first half of 2020.

2020:   The final report of the Royal Commission into Aged Care Quality and Safety is due in November 2020.  This report will contain recommendations on how Aged Services are funded, administered and delivered.  These recommendations could impact Aged Care Reform timelines.

2021:   It is likely that a decision on Council’s role in CHSP provision will be required in early 2021 to enable an effective transition to the service model being implemented by the Commonwealth from July 2022.

2021:   A Commonwealth discussion paper outlining options for the next phase of Aged Care reform could be expected in 2021.

2022:   The Commonwealth is expected to implement a revised model of CHSP service provision from July 2022, noting that previous dates have been extended a number of times.

Financial Implications

Current delivery of Aged Care services, including a substantial ratepayer subsidy are provided for in Council’s Strategic Resource Plan.

The Aged Care Transition Plan identifies if a scenario is financially sustainable.  All options presented in the Transition Plan meet this objective, some options have short term transitional costs offset by longer term savings.

When Council is required to make further decisions about its role in Aged Care, the financial implications would be reassessed at that time to support the decision making process.

Policy strategy and legislation

Historically Victorian Local Government, including this Council, has been heavily involved in providing a subsidy toward provision of State or Commonwealth funded services for older residents.  In 2016 the Commonwealth took over responsibility for funding of Aged Care and simultaneously began to create a competitive market for service delivery.

The introduction of a competitive market for service delivery means that National Competition Policy becomes applicable to Council’s subsidisation of the delivery of the Commonwealth’s services for older residents. Some service types are less impacted by the implications of National Competition Policy, but the market for the provision of Domestic Assistance, Personal Care and Respite Care is very mature.

The Aged Care Reform Transition Plan uses evaluation criteria which assess each Aged Care Reform scenario and identify which role Council could take which would be consistent with its strategic commitments, legal obligations and financial sustainability.  These evaluation criteria are based on community priorities established during consultations for the Positive Ageing Strategy.  These priorities align strongly with community input received during development of Council’s Community Plan ‘Whittlesea 2040 – A Place for All’ and also the 2019 Aged and Disability Client Satisfaction Survey.  The evaluation criteria are detailed in Attachment 4: Aged Care Reform Evaluation Criteria.

link to strategic risks

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

Council pays higher wages and conditions and has higher overheads than other non-local government Aged Care providers resulting in the need for Council to subsidise the provision of Commonwealth funded Aged Care services.  This is challenging in a rate capping environment and the resources being used to subsidise these services for the Commonwealth could be invested in achieving other community priorities including improved Positive Ageing outcomes for older residents as previously resolved by Council.

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

The Commonwealth has assumed responsibility for Aged Care Service provision.  In 2015 it was understood that the Commonwealth’s reform process would provide certainty to Council and the community by July 2018.  The Commonwealth has subsequently extended this to June 2019, then June 2020 and most recently to June 2022.  The due date for the final report from the Royal Commission into Aged Care Quality and Safety has recently been extended from April 2020 to November 2020 which raises the possibility of further delays to Aged Care Reform.  These delays have resulted in a protracted period of uncertainty for residents, staff and the community regarding Council’s future role in Aged Care delivery.  The ongoing uncertainty about timing of reform continues to restrict Council’s ability to plan.

Strategic Risk Governance - Councillors - Ineffective Council governance resulting in legislative non-compliance; breaches of duties of a Council; breaches of duties of a Councillor

Most Victorian Local Governments subsidise the delivery of their CHSP services and risk being found in breach of National Competition Policy, especially in relation to Domestic Assistance, Personal Care and Respite Care.  If any council receives a complaint from a competitor, and is found in breach, this will impact all councils. Council will be exposed to reputational risk plus the negative consequences for clients, staff and the community of being forced to exit from delivering these services by the Australian Competition and Consumer Commission.  In a forced exit situation Council would have limited ability to influence the 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                        Health and human services are accessible and responsive to the needs and aspirations of all people

Council Priority                             Health and Wellbeing

 

Council’s Community Plan (Whittlesea 2040 – A place for all) and Council’s Positive Ageing Strategy place a high priority on ensuring older residents can age well, access the services they need, remain socially connected and be active participants in the community.

The Commonwealth has responsibility for Aged Care services.  In other states these services are not provided by Local Government and in 2018 a market sounding showed there was a range of providers who would be willing to provide CHSP services for the Commonwealth if Council was to exit. Some of these providers manage a range of programs for older people beyond CHSP, allowing for greater service integration as individuals support needs increase.

The Aged Care Reform Transition Plan uses evaluation criteria which assess each scenario and identifies which option for future role Council could take which was consistent with its strategic commitments, legal obligations and financial 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

Council is required by legislation and the community to ensure its response to community is consistent to its strategic commitments, legal obligations and financial sustainability.

In 2016 the Commonwealth took responsibility for Aged Care Services and began implementing Aged Care Reform which will impact Council’s role in service delivery.

The Aged Care Reform Transition Plan analyses a range of scenarios and evaluates them to determine what is the best outcome for the community in a particular situation.  The plan can be used to guide Council’s decision making on its role in Aged Care as more information becomes available.

The next major Aged Care Reform transition point for Council provided services is likely to be from June 2022.

A planned transition will give the best outcome for the community and would take about 12 months to implement.

To support a good outcome for the community, a decision on Council’s role in Aged Care may be required in early to mid-2021.

 

RECOMMENDATION

THAT Council resolve to:

1.   Note the Aged Care Reform Transition Plan.

2.   Continue to provide its current range of Commonwealth Home Support Programme (CHSP) services through to 30 June 2022, dependent upon the offer of extension from the Commonwealth Government being consistent with current terms.

3.   Continue to receive updates on the Commonwealth model of Aged Care Reform to enable an informed decision by Council on its future role.

 

MOTION

Moved:                       Cr Lalios

Seconded:               Cr Monteleone

 

THAT Council resolve to:  

1.    Note the Aged Care Reform Transition Plan.

2.    In noting the plan at (1); Give clear indication to the Acting Chief Executive Officer (ACEO) that the City of Whittlesea will continue to provide its current range of Commonwealth Home Support Programme (CHSP) services, dependent upon the offer of extension from the Commonwealth Government being consistent with current terms. 

3.    Seek that officers investigate consideration of options such as service expansion or an independent business model, to ensure that Council is best placed to respond to whatever future funding model the Commonwealth ultimately adopts for aged care.

4.    Continue to receive updates on the Commonwealth model of Aged Care Reform.

5.    Reinstate sandwiches for meals on wheels recipients, forthwith.

6.    Officers to investigate models (including options for a social enterprise) for the reintroduction of lawnmowing and trades, with this analysis to be provided to Councillors in time for consideration as part of the 2020/21 budget process.

7.    Continue to advocate with other local councils and the MAV, to the Federal and State Governments, for CHSP services to continue into the long-term future.

 

extension of speaking time

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT Council resolve to extend the speaking time for Cr Lalios for a further two minutes.

CARRIED

extension of speaking time

Moved:                       Cr Desiato

Seconded:               Cr Kirkham

 

THAT Council resolve to extend the speaking time for The Mayor, Cr Sterjova for a further two minutes.

CARRIED

 

extension of speaking time

Moved:                       Cr Kirkham

Seconded:               Cr Lalios

 

THAT Council resolve to extend the speaking time for Cr Joseph for a further two minutes.

CARRIED

amendment

Moved:                       Cr Alessi

Seconded:               Cr Cox

 

THAT Council resolve to amend point 6 to:

Officers to investigate a social enterprise model for the reintroduction of lawnmowing and trades, with this analysis to be provided to Councillors in time for consideration as part of the 2020/21 budget process.

LOST

extension of speaking time

Moved:                       Cr Kirkham

Seconded:               Cr Joseph

 

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

CARRIED

extension of speaking time

Moved:                       Cr Kelly

Seconded:               Cr Joseph

 

THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes.

CARRIED

 

 

 

 

 

 

COUNCIL RESOLUTION

Moved:                       Cr Lalios

Seconded:               Cr Monteleone

 

THAT Council resolve to:  

1.    Note the Aged Care Reform Transition Plan.

2.    In noting the plan at (1); Give clear indication to the Acting Chief Executive Officer (ACEO) that the City of Whittlesea will continue to provide its current range of Commonwealth Home Support Programme (CHSP) services, dependent upon the offer of extension from the Commonwealth Government being consistent with current terms. 

3.    Seek that officers investigate consideration of options such as service expansion or an independent business model, to ensure that Council is best placed to respond to whatever future funding model the Commonwealth ultimately adopts for aged care.

4.    Continue to receive updates on the Commonwealth model of Aged Care Reform.

5.    Reinstate sandwiches for meals on wheels recipients, forthwith.

6.    Officers to investigate models (including options for a social enterprise) for the reintroduction of lawnmowing and trades, with this analysis to be provided to Councillors in time for consideration as part of the 2020/21 budget process.

7.    Continue to advocate with other local councils and the MAV, to the Federal and State Governments, for CHSP services to continue into the long-term future.

 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 Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Cr Kozmevski

Cr Cox

Cr Joseph

Abstained

Cr Alessi

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

carried

  

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

6.3       City Transport and Presentation

6.3.3    2019/20 First Quarter New Works Program Report

Attachments:                        1        Financial Summary

2        Project Progress Report

3        Project Status Photos

4        Grant Status Update

5        Project Adjustments   

Responsible Officer:           Acting Director Corporate Services

Author:                                  Business Support Officer   

 

RECOMMENDATION SUMMARY

1.      Approve the adjustments to the 2019/20 New Works Program as listed in Attachment 5.

2.      Note the 2019/20 First Quarter New Works Program progress report.

KEY FACTS AND / OR ISSUES

This report provides an overview of the financial performance and status of the New Works Program at the end of the first quarter of the 2019/20 financial year with the following key points:

·    The annual approved budget for 2019/20 (including carry forwards) is $89,516,480 representing a total of 115 projects.

·    The value of work completed is $15,998,216 compared to the year to date planned budget of $15,974,247.  This represents a year to date variance of $23,969 ahead of the planned budget.

·    Project adjustments are fully offset from within the existing 2019/20 budget whilst one additional project is fully funded from the VicRoads Blackspot Program.

·    $10,708,513 of new infrastructure grant applications have been submitted since 1 July 2019.  Applications totalling $446,700 have been successful whilst the remainder are awaiting announcements.

 

Report

Introduction

This report provides an overview of the financial performance and status of the New Works Program at the end of the first quarter of the 2019/20 financial year.

The value of work completed for the first quarter is $15,998,216 compared to the year to date budget of $15,974,247.  This is due to some projects progressing ahead of schedule.

In addition, there are contract and purchase orders committing another $35,120,192 which indicates a good level of delivery preparedness for the remainder of the financial year.
Refer to Attachment 1.

The following projects have made significant progress in the first quarter of 2019/20:

·    Project ID 0077 – Local road reconstruction/rehabilitation

·    Project ID 0259 – Reconstruct courts Dr Harry Jenkins Reserve, Mill Park

·    Project ID 0703 – Construct Soccer Pitches and Pavilion Doreen South Reserve (Painted Hills)

·    Project ID 1589 – Redevelop Mill Park Leisure Centre

·    Project ID 2145 – Norris Bank Reserve Master Plan, Bundoora

For a detailed progress report on significant projects refer to Attachment 2.

Progress photos on a sample of projects are included in Attachment 3.

Background

Council adopted the 2019/20 New Works Program on 6 June 2019 with a budget of $72,659,135 plus $16,857,345 carry forward providing a total budget of $89,516,480.

Consultation

The New Works Program is a component of the Council budget which undergoes statutory community engagement as part of the annual budget cycle.  Additionally, specific external stakeholder consultation is undertaken for individual projects and programs.

Financial Implications

A summary of the program performance by group can be found below, whilst a list of all projects with their current status has been included in Attachment 2.

Financial Status of the New Works Program by Group:

Group

Year To Date Actuals

$

Year To Date Budgets

$

Year To Date Variance

$

Annual Budget   

$

Buildings

5,759,843

5,516,827

(243,016)

31,569,613

Drains

7,589

6,300

(1,289)

275,000

Planning & Feasibility


39,777


25,000


(14,777)


500,000

Open Space

2,772,054

2,908,717

136,663

14,170,596

Plant & Equipment

956,440

1,361,834

405,394

3,421,033

Roads & Paths

5,531,333

5,656,569

125,236

28,458,474

Transport

931,181

499,000

(432,181)

11,121,764

Total

15,998,216

15,974,247

(23,969)

89,516,480

The key projects contributing to the variances are:

·    Project ID 0104 Replacement of Council Fleet – is behind plan awaiting delivery of a drain cleaner

·    Project ID 0118 Renewal of playgrounds & landscape improvements – behind planned budget however all identified locations have progressed to design or construction phase

·    Project ID 0076 Local road resurfacing – variance due to the timing of invoicing, program delivery is still on track.

·    Project ID 2248 Traffic Management Around Schools – ahead of planned budget with works carried forward from 2018/19 being finalised.

Project Adjustments

A number of minor changes to the New Works Program are proposed in the first quarter.  These adjustments fall into the following categories;

·    Projects with offsets identified

·    Projects with unbudgeted external funding

The proposed project adjustments have a net impact of zero on the New Works Program budget. Refer to Attachment 5 for specific project details. 

Forecast

Progress of works is expected to accelerate in the second quarter as contracts are awarded and weather conditions improve for construction works, in the lead up to the industry shutdown/holiday period In December/January.

Infrastructure Grants

A total of $10,708,513 grant applications have been submitted since 1 July 2019.

Successful applications totalling $446,700 have been announced since the 1 July 2019.

Refer to Attachment 4 for a detailed list of successful and pending applications.

Policy strategy and legislation

The business case associated with individual projects identifies the respective policy to which they relate.

Lessons learnt and continuous improvement plans are implemented to enhance systems, processes and practices to improve the planning and delivery of the New Works Program.

 

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 its operations

Council Priority                               Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

This report provides a summary of the status of the 2019/20 New Works Program at the end of the first quarter. 

 

RECOMMENDATION

THAT Council resolve to:

1.       Approve the adjustments to the 2019/20 New Works Program as listed in Attachment 5

2.       Note the 2019/20 First Quarter New Works Program progress report.

 

Council Resolution

Moved:                       Cr Cox

Seconded:               Cr Joseph

 

THAT Council resolve to adopt the Recommendation.

Carried unanimously

  

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

6.4       Corporate Services

6.4.6      Quarterly Financial Report Q1 - September 2019

Attachments:                        1        Financial Performance Report for the period ended 30 September 2019  

2        Land Banking Reserve - 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 Corporate Services

Author:                                  Team Leader Financial Services    

 

RECOMMENDATION SUMMARY

In compliance with the Local Government Act 1989 (the Act), the attached Financial Performance Report for the period ended 30 September 2019 is presented to Council for noting.

KEY FACTS AND / OR ISSUES

The Financial Performance Report for the period ended 30 September 2019 (Attachment 1) shows:

·    The comprehensive income statement shows an underlying surplus of $135.88 million which is $1.68 million favourable against the year to date budget.


 

Report

Introduction

The Financial Performance Report for the period ended 30 September 2019 is presented for Council’s consideration in accordance with the Act.

Background

The Financial Performance Report includes the following statements:

·    Comprehensive income statement

·    Balance sheet

·    Statement of cash flows

·    Statement of capital works

·    Summary of reserves.

A detailed analysis of income and expenditure is included in the report, which is summarised below:

Operating performance

For the three months ended 30 September 2019, Council has recorded an operating surplus of $139.73 million, which is $1.76 million ahead of the year-to-date budget. After eliminating capital and other items, the adjusted underlying surplus is $135.88 million, which is $1.68 million ahead of budget.

The main items contributing to this favourable variance are the following variances rates and charges $1.09 million favourable, employee benefits $1.67 million favourable, contributions – monetary $0.39 million favourable, other income $0.37 million favourable, materials and services $0.48 million unfavourable, and operating grants $1.71 million unfavourable.

Capital performance

For the three months ended 30 September 2019, Council has recorded expenditure of $16.00 million on the capital works program, which is $0.02 million ahead of the year-to-date budget.

Financial position

The financial position as at 30 September 2019 shows a cash and investment balance of $188.74 million and an outstanding loans and borrowings balance of $13.70 million.

The net current asset position as at 30 September 2019 is $293.74 million which is $127.53 million more than at 30 June 2019.

The net asset position as at 30 September 2019 of $4.02 billion is $139.73 million more than at 30 June 2019.

Proposal

That Council notes the Financial Performance Report for the period ended 30 September 2019.

Consultation

Consultation with the various departments of Council has been undertaken in preparation of the report.

Financial Implications

The financial implications are detailed in the report.

Policy strategy and legislation

Under the Act, the Chief Executive Officer must ensure that at least every three months, a statement comparing the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date is presented at a Council meeting which is open to the public.

link to strategic risks

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

This report provides Council and the community an oversight of Council’s key financial information to demonstrate that Council’s financial position remains sustainable.

Links to whittlesea 2040 and the CoUNCIL Plan

Whittlesea 2040 Goal                    Enabling the vision

Whittlesea 2040 Key Direction     Making it happen

Strategic Objective                        Our Council strives to achieve long term financial sustainability

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

For the three-month period ending 30 September 2019, Council’s underlying surplus shows a favourable year to date variance of $1.68 million against budget.

RECOMMENDATION

THAT Council resolves to note the Financial Performance Report for the period ended 30 September 2019.

council resolution

Moved:                       Cr Lalios

Seconded:               Cr Kirkham

 

1.    That Council resolved to note the Financial Report for the period ended 30 September 2019. 

2.    That information be provided to Councillors about Council’s land banking reserves transactions (expenditure) as reported in report 6.4.6 under the confidential section of this agenda. 

CARRIED

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

6.5       Executive Services

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

Responsible Officer:           Acting Chief Executive Officer

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

THAT Council resolve to nominate a Councillor representative and to confirm the Officer representatives to the Municipal Fire Management Planning Committee commencing immediately and continuing until the general Council elections on 24 October 2020.

KEY FACTS AND / OR ISSUES

·    At the first Council meeting following the election of the Mayor each year, Council considers the appointment of Councillor representatives to internal committees and external bodies and committees that require or have requested Council representation.

·    An appointment was not made to the Municipal Fire Management Planning Committee at this meeting as further information was sought by Councillors regarding the status of the Committee. This additional information was provided to Councillors by Memorandum dated 27 November.

·    As the current Terms of Reference for the Committee require Councillor representation, it is recommended that a Councillor be appointed.

·    It is expected that this Committee will meet three times during 2020, with meetings likely to occur in February, June and September.

·    The appointment of a Councillor Delegate to the Municipal Fire Management Planning Committee commences immediately and continues until the Council Election on 24 October 2020.

 

 

Report

Background

The Whittlesea City Municipal Fire Management Planning Committee was established under the Country Fire Authority Act 1958 (VIC) to provide a municipal level forum to build and sustain organisational partnerships, generate a common understanding and shared purpose with regard to Preparedness, Prevention, Response and Recovery aspects of fire management and ensures that the plans of individual agencies are linked and complement each other.

A Councillor appointment is required for the Municipal Fire Management Planning Committee in order to demonstrate Council’s interest and involvement in this particular organisation and allow Council to be involved in developing the organisation’s strategic direction.

The Municipal Fire Planning Committee, appointed by the Municipal Emergency Management Planning Committee, has representation from the following organisations:

·    Whittlesea City Council

·    One Councillor to represent the community

·    Country Fire Authority

·    Parks Victoria – DELWP

·    Metropolitan Fire Brigade

·    VicRoads

·    Victoria Police

·    Melbourne Water

·    Yarra Valley Water

·    Department of Health and Human Services

·    Other members as required

Proposal

Nominations from interested Councillors are sought for representation on the Municipal Fire Management Planning Committee.  The appointment will commence immediately and continue until the general Council elections on 24 October 2020.  A new appointment will be made to this Committee at the first Ordinary Council Meeting to be held following the elections which is 17 November 2020.

financial Implication

There are no financial implications associated with the appointment of a Councillor representative to the Municipal Fire Management Planning Committee.

Policy strategy and legislation

At Council’s meeting held 11 December 2012, Council resolved to make appointment to Committees and external bodies at the first Council meeting following the Statutory Council Meeting to elect the Mayor. 

In August 2018, the Victorian State Government introduced new legislation to improve emergency management planning with the introduction of an integrated and coordinated framework for emergency management.

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                    Connected community

Whittlesea 2040 Key Direction     A participating community

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

Council Priority                             Organisational Sustainability

Declarations of Conflicts of Interest

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

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

Conclusion

As the current Terms of Reference for the Municipal Fire Management Planning Committee provide for Councillor representation, it is recommended that a Councillor be appointed to the Committee immediately until the general Council Elections on 24 October 2020.

 

RECOMMENDATION

THAT Council resolve to appoint Cr ________ as the Councillor representative for the Municipal Fire Management Planning Committee, to commence immediately until the general Council Elections on 24 October 2020.

Council Resolution

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to appoint The Mayor, Cr Sterjova as the Councillor representative for the Municipal Fire Management Planning Committee, to commence immediately until the general Council Elections on 24 October 2020.

Carried

   


 

Suspension of Standing Orders

Moved:                       Cr Cox

Seconded:               Cr Joseph

 

THAT Council resolve to suspend Standing Orders to receive a Petition from Council Staff seeking the Chief Executive Officer, Simon Overland’s reinstatement.

                                                                                                                                             LOST

COUNCIL RESOLUTIOn

Moved:                       Cr Kirkham

Seconded:               Cr Kelly

 

THAT Council resolve that should a Councillor want to table the Petition from Council Staff it should be dealt with in the confidential part of the meeting.

CARRIED

 

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

7.         Notices of Motion

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

Author:                                  Cr Caz Monteleone 

 

Councillor Monteleone of South West Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 17 December 2019 at 6:30pm:

 

MOtion

THAT Council resolve to:

1.  Fund a pavilion/change room and toilet and 20 space car park and booking system for the courts at Shield Street Epping (Prism Park).

2.  Funding and construction to commence prior to June 30th 2020.

 

motion

Moved:                       Cr Monteleone

Seconded:               Cr Kelly

 

THAT Council resolve to:  

1.    Provide a toilet facility plus shade structure, drinking fountain and seating at Prism Park to complement the existing tennis courts and open space with works to commence by June 2020, noting that this is an appropriate scale of development which will not adversely impact on residential amenity or open space.

2.    Finalise negotiations with Development Victoria to ensure that its development contribution meets the full cost of the works as agreed through the community consultation and outlined in point 1.

 

extension of speaking time

Moved:                       Cr Kelly

Seconded:               Cr Desiato

 

THAT Council resolve to extend the speaking time for Cr Kirkham for a further two minutes.  

CARRIED

 

 

council resolution

Moved:                       Cr Monteleone

Seconded:               Cr Kelly

 

THAT Council resolve to:  

1.    Provide a toilet facility plus shade structure, drinking fountain and seating at Prism Park to complement the existing tennis courts and open space with works to commence by June 2020, noting that this is an appropriate scale of development which will not adversely impact on residential amenity or open space.

2.    Finalise negotiations with Development Victoria to ensure that its development contribution meets the full cost of the works as agreed through the community consultation and outlined in point 1.

 CARRIED

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Kirkham

Cr Alessi

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Against

Nil

Abstained

Cr Cox

Cr Joseph

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

carried

 

Meeting Adjourned

 

The Mayor, Cr Sterjova adjourned the meeting at 9:00pm.

 

meeting resumed

 

The meeting resumed at 9:14pm.

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

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

Author:                                  Cr Mary Lalios 

 

Councillor Lalios of South East Ward has given notice that it is her intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 17 December 2019 at 6:30pm:

MOtion

THAT the Council resolve to refer funding for the following project to the 2020/2021 budget year process.

Indented parking in Josef Street, Bundoora as per the original scope and intent as adopted in the 2017/18 budget in order to make allowance for $440,000 for these works to be completed.

motion

Moved:                       Cr Lalios

Seconded:               Cr Desiato

 

THAT the Council resolve to refer this matter to the 2020/2021 budget year process.

Indented parking in Josef Street, Bundoora as per the original scope and intent as adopted in the 2017/18 budget in order to make allowance for $440,000 for these works to be completed.  

extension of speaking time

Moved:                       Cr Joseph

Seconded:               Cr Cox

THAT Council resolve to extend the speaking time for Cr Alessi for a further two minutes.

CARRIED

council resolution

Moved:                       Cr Lalios

Seconded:               Cr Desiato

THAT the Council resolve to refer this matter to the 2020/2021 budget year process.

Indented parking in Josef Street, Bundoora as per the original scope and intent as adopted in the 2017/18 budget in order to make allowance for $440,000 for these works to be completed.  

CARRIED

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

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

Author:                                  Cr Emilia Lisa Sterjova 

 

Councillor Sterjova and Councillor Ricky Kirkham of North Ward have given notice of their intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 17 December 2019 at 6:30pm:

Preamble

At its 02 July 2019 meeting, Council resolved to receive a petition with 1621 signatures calling for Council to review the need for a 50m competition sized pool to service the people of Whittlesea and their families rather than other lesser options.

At a subsequent meeting on 06 August 2019, Council resolved to:

ITEM 6.2.1 - MERNDA AQUATIC & INDOOR SPORTS CENTRE 50M POOL COSTINGS

1. Note the report;

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

Regional Recreation Reserve masterplan; and

3. Advise the head petitioner accordingly.

In response to community concerns about the future Mernda Aquatic and Indoor Sports Centre (MAISC), it is proposed that Council conducts wider community consultation to inform the overall masterplan development in February 2020.

Given the concerns of financing the project, it is proposed that Council explores alternative funding arrangements in order to meet community objectives. Council’s restricted budget position may prevent the delivery of a facility that caters for the community’s needs, if alternative options are not explored. It is crucial that Council is proactive and innovative in exploring partnerships to reduce costs and deliver quality community outcomes.

Council acknowledges the importance of getting this project right. The MAISC is Council’s largest ever capital investment. As such, we must deliver value for money and ensure that the community ultimately shapes this important project. 

 

MOtion

THAT Council resolve to:

1.   Approach Whittlesea YMCA regarding a public private partnership model to jointly fund the MAISC and to:

(a)  Include discussions with community organisations such as Whittlesea Community Connections and DPV Health to integrate community and health and wellness services under a joint partnership agreement.

(b)  Authorise the Mayor to advocate on behalf of Council with the support of Council officers.

2.   Commence community consultation in February 2020 on whether to:

(a)  Extend the pool to 50 metres;

(b)  Incorporate large scale water play such as water slides and outdoor activities; and

(c)  Include indoor netball and basketball courts in stage 1 of the project.

3.   Ensure that community consultation includes a range of physical and online methods.

4.   Rescind point (2) of Council Resolution 6.2.1 (06 August 2019).

MOTION

MOVED:                       Cr Kirkham

SECONDED:               Cr Sterjova

 

THAT Council resolve to:

1.         Approach Whittlesea YMCA and private entities regarding a public private partnership model to jointly fund the MAISC and to:

(a)   Include discussions with community organisations such as Whittlesea Community Connections and DPV Health to integrate community and health and wellness services under a joint partnership agreement.

(b)   Authorise the Acting Chief Executive Officer to advocate on behalf of Council with the support of Council officers.

2. Commence community consultation in February 2020 on whether to:

(a)     Extend the pool to 50 metres;

(b)  Incorporate large scale water play such as water slides and outdoor activities; and

(c)     Include indoor netball and basketball courts in stage 1 of the project.

3.       Ensure that community consultation includes a range of physical and online methods. A report on consultation must be provided to Councillors by the end of April 2019 in preparation for the 2020/21 Council Budget.

4.       Rescind point (2) of Council Resolution 6.2.1 (06 August 2019).

amendment

Moved:                       Cr Cox

Seconded:               Cr Joseph

 

THAT Council resolve to change point 2 to:

2.       Commence community consultation in February 2020 on whether to:

a)         Extend the pool to 50 metres incorporating the FINA competition standards (depth, blocks, timing devices, booms to enable 25m pool, marshalling rooms);

b)        Stands to enable competition level meets with audiences;

c)         Access for local club training morning and afternoons;

d)        Incorporate large scale water play such as water slides and outdoor activities; and

e)         Include indoor netball and basketball courts in stage 1 of the project as the priority.

LOST

 

 

 

AMENDMENT

Moved:                       Cr Alessi

Seconded:               Cr Cox

 

THAT Council resolve to add a point 5 to the motion as follows:

5.    In parallel with community consultation undertake a cost benefit analysis for the entire project or parts thereof.

 

EXTENSion OF MEETING TIME

Moved:                       Cr Joseph

Seconded:               Cr Desiato

 

THAT Council resolve to extend the meeting by 30 minutes at 10.30PM to 11.00PM.

CARRIED

PROCEDURAL MOTION

Moved:                       Cr Sterjova

 

THAT Council resolve that the motion be put.

CARRIED

AMENDMENT

Moved:                       Cr Alessi

Seconded:               Cr Cox

 

THAT Council resolve to add a point 5 to the motion as follows:

5.    In parallel with community consultation undertake a cost benefit analysis for the entire project or parts thereof.

LOST

The Amendment was put and lost.

SUBSTANTIVE MOTION

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1.    Approach Whittlesea YMCA and private entities regarding a public private partnership model to jointly fund the MAISC and to:

(a)    Include discussions with community organisations such as Whittlesea Community Connections and DPV Health to integrate community and health and wellness services under a joint partnership agreement.

 

(b)   Authorise the Acting Chief Executive Officer to advocate on behalf of Council with the support of Council officers.

2.       Commence community consultation in February 2020 on whether to:

(a)     Extend the pool to 50 metres;

(b)   Incorporate large scale water play such as water slides and outdoor activities; and

(c)     Include indoor netball and basketball courts in stage 1 of the project.

3.       Ensure that community consultation includes a range of physical and online methods. A report on consultation must be provided to Councillors by the end of April 2019 in preparation for the 2020/21 Council Budget.

4.       Rescind point (2) of Council Resolution 6.2.1 (06 August 2019).

 

extension of speaking time

Moved:                       Cr Kirkham

Seconded:               Cr Monteleone

 

THAT Council resolve to extend the speaking time for The Mayor, Cr Sterjova for a further two minutes.

CARRIED

council resolution

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council resolve to:

1.    Approach Whittlesea YMCA and private entities regarding a public private partnership model to jointly fund the MAISC and to:

(a)    Include discussions with community organisations such as Whittlesea Community Connections and DPV Health to integrate community and health and wellness services under a joint partnership agreement.

(b)   Authorise the Acting Chief Executive Officer to advocate on behalf of Council with the support of Council officers.

2. Commence community consultation in February 2020 on whether to:

(a)     Extend the pool to 50 metres;

(b)   Incorporate large scale water play such as water slides and outdoor activities; and

(c)     Include indoor netball and basketball courts in stage 1 of the project.

3.       Ensure that community consultation includes a range of physical and online methods. A report on consultation must be provided to Councillors by the end of April 2019 in preparation for the 2020/21 Council Budget.

4.       Rescind point (2) of Council Resolution 6.2.1 (06 August 2019).

CARRIED

 

Division

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

 

For

Cr Kirkham

Cr Kelly

Cr Lalios

Cr Monteleone

Cr Desiato

Cr Sterjova

Cr Joseph

Against

Nil

Abstained

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

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

carried

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

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

Author:                                  Cr Caz Monteleone 

 

Councillor Monteleone of South West Ward has given notice that it is his intention to move the following Motion at the Ordinary Meeting of Council to be held on Tuesday 17 December 2019 at 6:30pm:

Preamble

In December 2011, Council adopted the Lalor Neighbourhood Activity Centre Master Plan.  The plan identified the need to provide new public toilets for the residents and shoppers of Lalor.  The report classified the toilets as high priority and suggested the toilets be delivered within 3 years.

The below resolution will rectify an urgent need for new toilets albeit 9 years after the urgency was first identified.

Officer Comment

This project is not in the current 2019/20 New Works Program.  However, the design specification has been completed for a two unit unisex disabled automated toilets at a cost estimate of $400,000 and the works can be tendered to commence by June 2020 subject to Council funding.

 

MOtion

THAT Council resolve to:

1.       Allocate $400,000 to fund the construction of new public toilets located at the David Street, Lalor shops;

2.       Commence construction by June 2020.

COUNCIL RESOLUTION

Moved:                       Cr Sterjova

Seconded:               Cr Kirkham

 

THAT Council resolve to defer consideration of this item to the next Ordinary Council Meeting being held on 4 February 2019.

CARRIED UNANIMOUSLY

EXTENSion OF MEETING TIME

Moved:                       Cr Kozmevski

Seconded:               Cr Joseph

 

THAT Council resolve to extend the meeting by 30 minutes at 11.00PM to 11.30PM.

CARRIED

meeting adjouRned

 

The Mayor, Cr Sterjova adjourned the meeting at 11:00pm.

 

meeting resumed

 

The meeting resumed at 11:15pm.


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

8.         Questions to Officers

8.1     QUESTION TO OFFICER - Cost of lost productivity of Staff that left the office at 4pm

Cr Tom Joseph to the Acting Chief Executive Officer, Kelvin Spiller:

“I refer to the email to Councillors from the Acting Chief Executive Officer sent this afternoon that noted he had asked all non-customer facing staff at the Civic Centre and PRACC North to consider leaving the office at 4pm today.  I understand this was in response to a planned community protest at the Civic Centre relating to a social media post by the Mayor.

Can the Acting Chief Executive Officer please advise Council what was the cost of this loss of productivity?”

Acting Chief Executive Officer, Kelvin Spiller:

“Thank you for your question.  At this stage I am unaware how many staff may have left at 4pm.  I will take the question on notice and provide a response to Councillors on the matter in the next few days.”

 

8.2       QUESTION TO OFFICER - COUNCIL MOTOR VEHICLE ACCIDENT

Cr Lawrie Cox to the Acting Chief Executive Officer, Kelvin Spiller:

“Is the Chief Executive Officer aware of a Council motor vehicle accident that occurred in the early part of November?”

Kelvin Spiller, Acting Chief Executive Officer:

“Thank you for your question.  I am not aware of such an accident.”

 


9.    Urgent Business

9.1       URGENT BUSINESS – PROBITY REVIEW – PLANNING DEVELOPMENTS WITHIN THE CITY OF WHITTLESEA

Cr Alessi sought leave of the Council to raise an item of Urgent Business in relation to a probity review of planning developments within the City of Whittlesea.

Council resolution

Moved:                       Cr Alessi

Seconded:               Cr Joseph

 

THAT Council resolve that this matter be dealt with as an item of Urgent Business.

CARRIED

motion

Moved:                       Cr Alessi

Seconded:               Cr Cox

 

THAT:

1          At the February Council meeting Officers provide a report that lists all applications or approvals of residential developments with more than 5 dwellings and any commercial/retail developments in the past 10 years (in five year blocks with the most recent period first) in the City of Whittlesea with which the following planners and lobbyists, named in the current IBAC proceedings and by various media outlets, have been involved, if any:

·         John Woodman, planner and developer

·         Watsons Pty Ltd

·         Phil Staindl, lobbyist

·         Megan Schutz, planner

·         Lorraine Wreford, lobbyist

·         Heath Woodman and Wolfdene Development Company in Donnybrook

2.       That the list includes details including the date of the application and approval, what rezoning or planning permit application was involved and the names of any other lobbyists, planners, developers, landowners or individuals who made representations on their behalf associated with such applications or approvals.

3.       If required, noting the involvement of persons of interest from the recent IBAC hearings and operation Sandon or others and advice if Council requires the appointment of independent legal experts to audit such findings for potential referral to IBAC.

 

 

 

 

EXTENSion OF MEETING TIME

Moved:                       Cr Kozmevski

Seconded:               Cr Alessi

 

THAT Council resolve to extend the meeting by 30 minutes at 11.30PM to 12:00AM.

CARRIED

amendment

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council refers the following to the Audit and Risk Committee to develop a terms of reference and undertake a probity audit and review incorporating the following points:

1.    Any developments incorporating more than 5 dwellings and any commercial/retail developments in the past 5 years in the City of Whittlesea with which the following planners and lobbyists, named in the current IBAC proceedings and by various media outlets, have been involved, if any:

·         John Woodman, planner and developer

·         Watsons Pty Ltd

·         Phil Staindl, lobbyist

·         Megan Schutz, planner

·         Lorraine Wreford, lobbyist

·         Heath Woodman and Wolfdene Development Company in Donnybrook

2.    That the list includes details including the date of the application and approval, what rezoning or planning permit application was involved and the names of any other lobbyists, planners, developers, landowners or individuals who made representations on their behalf associated with such applications or approvals;

3.    If required, noting the involvement of persons of interest from the recent IBAC hearings and operation Sandon or others and advice if Council requires the appointment of independent legal experts to audit such findings for potential referral to IBAC.

4.    Consideration of the size and overall scope of the audit and review is subject to a determination by the Audit and Risk Committee.

5.    A report be provided to Council at the conclusion of this review outlining any findings and recommendations.

6.    That the budget for this audit is not to come from the existing Audit and Risk budget and that the ACEO be authorised to proceed with the review under delegation

7.    That no Councillor member of the Audit and Risk Committee is involved in the shaping or agreement on the terms of reference and associated process.

 

 

 

 

EXTENSion OF MEETING TIME

Moved:                       Cr Sterjova

Seconded:               Cr Joseph

 

THAT Council resolve to extend the meeting by 15 minutes at 12:00 midnight to 12:15pm.

CARRIED

amendment

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council refers the following to the Audit and Risk Committee to develop a terms of reference and undertake a probity audit and review incorporating the following points:

1.    Any developments incorporating more than 5 dwellings and any commercial/retail developments in the past 5 years in the City of Whittlesea with which the following planners and lobbyists, named in the current IBAC proceedings and by various media outlets, have been involved, if any:

·         John Woodman, planner and developer

·         Watsons Pty Ltd

·         Phil Staindl, lobbyist

·         Megan Schutz, planner

·         Lorraine Wreford, lobbyist

·         Heath Woodman and Wolfdene Development Company in Donnybrook

2.    That the list includes details including the date of the application and approval, what rezoning or planning permit application was involved and the names of any other lobbyists, planners, developers, landowners or individuals who made representations on their behalf associated with such applications or approvals;

3.    If required, noting the involvement of persons of interest from the recent IBAC hearings and operation Sandon or others and advice if Council requires the appointment of independent legal experts to audit such findings for potential referral to IBAC.

4.    Consideration of the size and overall scope of the audit and review is subject to a determination by the Audit and Risk Committee.

5.    A report be provided to Council at the conclusion of this review outlining any findings and recommendations.

6.    That the budget for this audit is not to come from the existing Audit and Risk budget and that the ACEO be authorised to proceed with the review under delegation

7.    That no Councillor member of the Audit and Risk Committee is involved in the shaping or agreement on the terms of reference and associated process.

CARRIED

           The Amendment was put and carried and became the substantive motion.

 

 

Division

Immediately after the amendment 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 Kozmevski

Cr Alessi

Cr Cox

Cr Joseph

Abstained

Cr Pavlidis

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

carried

substantive motion

Moved:                       Cr Kirkham

Seconded:               Cr Sterjova

 

THAT Council refers the following to the Audit and Risk Committee to develop a terms of reference and undertake a probity audit and review incorporating the following points:

1.    Any developments incorporating more than 5 dwellings and any commercial/retail developments in the past 5 years in the City of Whittlesea with which the following planners and lobbyists, named in the current IBAC proceedings and by various media outlets, have been involved, if any:

  • John Woodman, planner and developer
  • Watsons Pty Ltd
  • Phil Staindl, lobbyist
  • Megan Schutz, planner
  • Lorraine Wreford, lobbyist
  • Heath Woodman and Wolfdene Development Company in Donnybrook

2.    That the list includes details including the date of the application and approval, what rezoning or planning permit application was involved and the names of any other lobbyists, planners, developers, landowners or individuals who made representations on their behalf associated with such applications or approvals;

3.    If required, noting the involvement of persons of interest from the recent IBAC hearings and operation Sandon or others and advice if Council requires the appointment of independent legal experts to audit such findings for potential referral to IBAC.

4.    Consideration of the size and overall scope of the audit and review is subject to a determination by the Audit and Risk Committee.

 

5.    A report be provided to Council at the conclusion of this review outlining any findings and recommendations.

6.    That the budget for this audit is not to come from the existing Audit and Risk budget and that the ACEO be authorised to proceed with the review under delegation

7.    That no Councillor member of the Audit and Risk Committee is involved in the shaping or agreement on the terms of reference and associated process.

CARRIED

                       The Substantive Motion was then put and carried.


Cr Lalios left the Council Chamber at 12:11am following the vote on this item and did not return to the Council Meeting.


 


 

9.2       URGENT BUSINESS - REFERAL TO Department of Foreign Affairs and Trade – prespa agreement

Cr Pavlidis sought leave of the Council to raise an item of Urgent Business in relation to writing to the Department of Foreign Affairs and Trade seeking details of the United Nations Prespa agreement and its conditions.

This is proposed in good faith in order to guide Councillors with a view to risk minimisation moving forward.

 

council resolution

Moved:                       Cr Pavlidis

Seconded:               Cr Joseph

 

THAT Council resolve that this matter be dealt with as an item of Urgent Business.

LOST

Division

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

 

For

Cr Pavlidis

Cr Kozmevski

Cr Alessi

Cr Cox

Cr Joseph

Against

Cr Kirkham

Cr Kelly

Cr Monteleone

Cr Desiato

Cr Sterjova

Abstained

Nil

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

TIED

CASTING VOTE

In accordance with Clause 71 of the Procedural Matters Local Law the Mayor exercised her right to a casting vote and voted against the motion resulting in the motion being lost.

LOST

PROCEDURAL MOTION

Moved:                       Cr Kirkham

Seconded:               Cr Desiato

 

THAT Council resolve to adjourn consideration of all remaining items to the Ordinary Council Meeting being held on 4 February 2020 at 6.30pm.

CARRIED

 


10.       Reports from Delegates Appointed to Council by Other Bodies

NIL 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.       Confidential Business

11.1     Partnerships, Planning & Engagement

Nil Reports

11.2     Community Services

Nil Reports


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.3     City Transport and Presentation

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

Responsible Officer:           Director City Transport and Presentation

Author:                                  Senior Contracts Executive

Report

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(d)  contractual matters

 

 

 

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.4     Corporate Services

            Nil Reports

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.5     Executive Services

11.5.1  GOVERNANCE RELATED LEGAL ADVICE

Report

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(h)       any other matter which the Council or special committee considers would prejudice the Council or any person

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.5.2  Outcome of INDEPENDENT Investigation and Probity Audit

Report

It is proposed that the following item be considered in closed session.

 

Recommendation

 

 

THAT Council resolve to close the meeting to members of the public for the purpose of considering details relating to the following, in accordance with Section 89(2) of the Local Government Act 1989:

 

(h)       any other matter which the Council or special committee considers would prejudice the Council or any person

 

 


UNCONFIRMEDAdjourned Ordinary Council Minutes                                        Tuesday 17 December 2019

 

11.6     Notices of Motion

            Nil Reports

 

12.       meeting lapsed at 12:15pm

DELETE THE CLOSURE TEXT NOT REQUIRED

 

 

 

 

CONFIRMED THIS 4TH DAY OF FEBRUARY 2020

 

 

 

___________________________

CR EMILIA LISA STERJOVA

MAYOR