Agenda of Council - 7 April 2020

Ordinary Council Agenda Tuesday 7 April 2020

6. Officers' Reports

6.1 Partnerships, Planning & Engagement

6.1.1 Amendment C241 to the Whittlesea Planning Scheme - Council Submission

Attachments: 1 Context Plan ⇩

2 Shenstone Future Urban Structure ⇩

3 Detailed List of Issues ⇩

4 Preliminary Response to Submissions ⇩

5 Amendment C241 Instruction Sheet ⇩

6 Heritage Statement of Significance ⇩

7 Shenstone Park Background Summary Report ⇩

8 Amendment C241 Explanatory Report ⇩

Responsible Officer: Manager Strategic Planning & Design

Author: Strategic Planner

RECOMMENDATION SUMMARY

1. Provide a formal submission to the Victorian Planning Authority on Amendment C241 to the Whittlesea Planning Scheme.

2. Adopt the officer recommendations as the basis of Council’s submission to the Victorian Planning Authority and subsequent Planning Panel as contained within:

a. the Key Strategic Issues section of this report,

b. the detailed list of issues at Attachment 3 to this report, and

c. the preliminary response to submissions at Attachment 4 to this report.

3. Authorise Council officers to make any further submissions as required through the Amendment process, consistent with 2. above.

4. Provide in principle support for Amendment C241, subject to the resolution of issues outlined in 2. above.

KEY FACTS AND / OR ISSUES

· The Shenstone Park Precinct Structure Plan (PSP) has been prepared in accordance with the Victorian Planning Authority (VPA) Precinct Structure Plan Guidelines, the North Growth Corridor Plan and State and Local Planning Policy, to guide the future development of the precinct.

· Council officers managed the preparation of background reports for the PSP. The VPA finalised the PSP document and is the Planning Authority associated with Amendment C241.

· Council’s role now is as a submitter to the PSP exhibition process. This report outlines the key strategic issues, detailed list of issues, and preliminary response to submissions that will form the basis of Council’s formal submission.

· The Shenstone Park PSP will provide for approximately 10,244 residents, comprising of residential, commercial and employment land uses. It will create approximately 4,568 jobs.

· The PSP also designates buffers for the adjoining active and operating Woody Hill and Phillips Quarry and potential Yarra Valley Water treatment plan to ensure that sensitive uses, particularly residential development, does not encroach within the designated boundaries.

· Amendment C241 to the Whittlesea Planning Scheme was placed on public exhibition by the VPA between 10 October 2019 and 15 November 2019. Thirty submissions have been received.

· An Infrastructure Contributions Plan (ICP) based upon the standard levies will be prepared and accompany the Shenstone Park PSP in order to collect funds that will contribute to higher order infrastructure that will service the precinct. As the ICP does not require a supplementary levy, it will not be publicly exhibited.

Report

Introduction

The Shenstone Park Precinct Structure Plan (PSP) covers approximately 628.22 hectares of land located within Melbourne’s Northern Growth Corridor. The land within the PSP is bound by Donnybrook Road to the north, the Melbourne-Sydney railway to the west, the future Northern Quarries precinct to the south and Green Wedge land outside the Urban Growth Boundary to the east. The entire PSP area is located within the City of Whittlesea (Attachment 1).

Land within the precinct was brought into the Urban Growth Boundary (UGB) in 2010 and the land was identified within the Northern Growth Corridor Plan (2012) as suitable for residential development and employment uses by the State Government. Key features of the Shenstone Park PSP are described below:

· The Shenstone Park precinct will be defined by its incorporation and celebration of natural and cultural features. Development will have a strong emphasis on creating a high-quality urban environment supported by landscaping, strong connections to transport and community facilities.

· The Woody Hill and Phillips Quarries have been identified as being of strategic importance to the development of the North Growth Corridor to 2050 and their operation and expansion are protected through this PSP.

· The precinct covers 17 properties and two road reserves. Most of these properties are owner-occupied and are currently being used for farming or rural residential purposes.

· Approximately 70% of the precinct is under the control or contracted to developers.

· The Precinct will provide for integrated residential development with a centralised Local Town Centre that will include a range of community and recreational uses and a variety of housing types. Further details of the plan are discussed later in the report.

The purpose of this report is to consider the proposed Planning Scheme Amendment, and its associated documents, with the aim of providing a submission to the Amendment being managed by the Victorian Planning Authority (VPA).

Background

The PSP process commenced in 2016 and its development phase was managed by Council. The PSP has been underpinned by a series of background studies by appropriately qualified consultants, as outlined below:

· Aboriginal Cultural Heritage Assessment (Biosis, October 2017)

· Arboriculture Assessment (Treetec, February 2017)

· Bushfire Development Report for the Shenstone Park PSP (Terramatrix, April 2019)

· Community Infrastructure and Open Space Needs Analysis Report (VPA & City of Whittlesea, September 2019)

· Shenstone Park Economic Assessment (Urban Ethos, September 2019)

· Geomorphology & Vegetation Values Assessment (Alluvium & Eco Logical, February 2018)

· Hydrologic Regime Report (Alluvium & Eco Logical, February 2018)

· Land Capability Assessment (Meinhardt, March 2017)

· Post-Contact Heritage Assessment (Ecology & Heritage Partners, May 2017)

· Quarry and Sewerage Treatment Plant Impact Assessment (GHD, November 2017)

· Shenstone Park Impact Assessment Woody Hill Addendum (GHD, September 2019)

· Strategic Transport Modelling Assessment (GTA, September 2019)

· Utility, Services Infrastructure Assessment (Cardno, July 2017)

· Visual Character Assessment (City of Whittlesea, November 2017)

These studies have informed the preparation of the PSP and associated planning provisions. Throughout the preparation of the PSP, informal consultation with landowners and State Government Agencies on draft layouts has occurred on an ongoing basis. In addition to this, Council and VPA officers have made themselves available to landowners as required over the past three years.

Council and the VPA also conducted a consultation process with State Government agencies, prior to the formal public exhibition of the proposed amendment in late 2017. Following the consultation with agencies, the project was formally handed to the VPA to manage. Upon consideration of agency feedback, changes were made prior to the formal exhibition period. The new plan and proposed Amendment was then placed on formal public exhibition between 10 October 2019 and 15 November 2019. The exhibited Future Urban Structure Plan is provided as Attachment 2 of this report. Council officers have reviewed the proposed Planning Scheme Amendment documentation and prepared a detailed list of issues (Attachment 3) to inform the formal Council submission to the VPA and Planning Panel. A total of 30 submissions have been received to date by the VPA. A preliminary response to each submission (Attachment 4) has also been prepared to inform the formal Council submission to the VPA and Planning Panel.

content of Planning Scheme Amendment C241

The proposed Amendment has been prepared in order to incorporate the Shenstone Park PSP into the Whittlesea Planning Scheme. The Amendment is required in order to make technical changes that implement the strategic intent of the PSP and apply zones and overlays to the subject land relevant to the intent of the strategic document. The specific statutory changes to the Planning Scheme as a result of this proposed Amendment are detailed in the Instruction Sheet provided as Attachment 5.

EXHIBITION OF Planning Scheme AMENDMENT C241

Amendment C241 to the Whittlesea Planning Scheme was placed on statutory exhibition by the VPA between the 10 October and 15 November 2019. Notification packages were sent to all affected property owners and occupiers, State Government Departments, statutory authorities and prescribed Ministers. The notification packages also included a newsletter (Attachment 3) which provided recipients with details of Amendment C241, details of information sessions, and steps for making a submission to the Amendment.

Key FEATURES of the plan – SHENSTONE PARK Precinct Structure Plan

The PSP is a detailed document which sets in place the guidelines and requirements for the subdivision, development and infrastructure provision within the Precinct.

The Future Urban Structure for the PSP defines the proposed layout of the precinct by nominating the location of various land uses and key infrastructure. This includes residential land, employment land, local town centres, community uses, open space and conservation areas and the accompanying transport network to support future development. The plan at full development is expected to result in approximately 10,244 residents and approximately 4,568 new jobs. The key elements of the plan are detailed below.

Land Use Overview

The PSP is defined by the employment precinct in the western portion of the PSP and the residential precinct in the eastern portion of the PSP. The employment land use designations include:

· A business district directly adjacent to Donnybrook Road in order to provide activation and alternative employment generating uses;

· A light industry designation to ensure development adjacent to the residential precinct appropriately considers the adjoining sensitive uses and does not create an adverse amenity impact; and

· Industrial land within the quarry sensitive use buffer that will generate local employment opportunities for the future community.

The residential land is defined by a central Local Town Centre, with an identified walkable catchment to encourage medium-high density residential development with a diversity of lots in proximity to key local services such as schools, open space and community facilities. Furthermore, the guidelines of the PSP encourage up to 10% affordable housing to be provided within the walkable catchment of the Local Town Centre.

Development in Shenstone Park will encourage the incorporation of existing natural features including the Merri and Darebin Creeks, stony rises, heritage features and existing significant River Red Gum Trees within an open space network that includes Conservation Areas to provide place making opportunities. A range of lot sizes and housing typologies are proposed to encourage diverse residential neighbourhoods and provide housing choices with a sense of identity for future communities whilst the employment land will generate local jobs.

Town Centres and Employment

A fundamental drive in the preparation of the Future Urban Structure of the PSP was to create a central Local Town Centre as a focal point to service the local community. In addition, two Local Convenience Centres have been identified in order to supplement the higher order centre and provide for the day-to-day needs of local residents and workers by offering basic goods and services. The proposed Local Town Centre and Local Convenience Centres have been located to maximise the potential for future residents to have access and provide a central walkable catchment for the Local Town Centre that encourages medium-high density development. The Town Centre has been co-located with a range of community uses as to minimise car use and promote active travel to access local services. It is envisaged that these centres will serve the immediate community and help to generate local employment opportunities. The features of each centre are described further below:

· Local Town Centre contains a total of 6,000m² of retail and 2,500m² of commercial floorspace. The Town Centre is located centrally within the precinct with a purpose to service all residents and meet their day to day retail and community needs. The Local Town Centre will provide for a full-line supermarket with speciality retail and commercial floor space. The Local Town Centre is co-located with a state primary school, neighbourhood house and community centre, and sporting reserve. Medium-higher density residential and mixed-use development is envisaged as part of the overall centre concept.

· Eastern Local Convenience Centre contains a total of 1000m² of retail and 200m²of commercial floorspace. The Convenience Centre is located adjacent to public open space in the north-east of the precinct and will service the convenience needs of the local residents and people visiting the open space. Cafes and small offices will be encouraged in this location.

· Western Local Convenience contains a total of 500m² of retail and 200m²of commercial floorspace. The Convenience Centre is located on the east-west connector road, to service the convenience needs of workers in the employment precinct.

The Future Urban Structure also identifies approximately 131ha of employment land which is located in the western portion of the precinct. This employment designation is considered appropriate having regard to the direction and land uses set by the Northern Growth Corridor Plan, its exposure to Donnybrook Road and proximity to major transport routes, the Donnybrook train station and the adjoining planned commercial precinct to the west.

The northern part of the employment area within Shenstone Park has been designed with direct frontage to Donnybrook Road (23.5ha). This area has the potential to accommodate business uses such as bulky goods stores, restricted retail and showroom development. This area is located within proximity to the employment land within the English Street PSP commercial precinct.

The eastern employment area (40.1ha) will provide for a mix of light industry and commercial uses and will provide an interface with residential areas. The industrial areas to the south and west of the above-mentioned areas (and interfacing with the north and east flanks of the quarry) could accommodate transport and logistics as well as manufacturing (67.7ha).

When fully developed, the employment area, the Local Town Centre and two Local Convenience Centres would directly employ an estimated 4,500 people on an ongoing basis. While the Woody Hill Quarry is in operation, this number will not likely exceed approximately 3,500 jobs as 34.2ha of industrial land is within the blast buffer and cannot be readily developed while the quarry is in operation.

Transport Network

The PSP aims to facilitate the future delivery of an integrated public transport network. The opportunity to build upon the existing Donnybrook Station to the north-west in proximity to the employment precinct and integrate with the bus network to accommodate for the eastern residential land has been a primary consideration in the development of the transport network as depicted on the Future Urban Structure.

The road hierarchy has been developed having regard to the framework in the Northern Growth Corridor Plan which identifies a key north-south road providing access from Donnybrook Road and a key east-west road adjacent to the Conservation Area to connect to the future key north-south arterial road known as Koukoura Drive. The central key north-south and road and east-west road have been designed as Connector Roads given the traffic forecast as identified within the GTA transport analysis, whilst the future north-south Koukoura Drive is designed as an arterial road and widening will be required to allow for the ultimate duplication. The road network is planned to cater for the ultimate development of the land. A distributed connector and key local road network will support the surrounding arterial roads and help to provide choices for road users and reduce congestion.

A network of off-street walkways and cycle paths along connector roads, creek corridors, utilities easements and open space will provide for active travel options. This will help to deliver a healthy and connected community. These connections are nominated to be delivered by developers at the time of development.

Provision of Community Infrastructure and Open Space

The PSP proposes a central community centre within the precinct to provide a range of local services to support the future residential population. The facilities are proposed to include:

· Maternal and child health;

· Kindergarten;

· Dedicated community meeting space;

· Neighbourhood house; and

· A Government Primary School.

Local parks have been located within walking distance of most residents in order to provide passive recreation opportunities. These local parks have been located to preserve heritage features and significant natural features such as River Red Gums and stony rises where possible. These features will help to ensure that the local parks have instant character and are pleasant places for residents. Where possible, they have been located adjacent/proximate to waterways, vegetation and conservation areas and existing encumbered utilities easements, to create a comprehensively connected network.

Provision for a sporting reserve has been identified in the precinct and can accommodate the delivery of structured organised sports. The reserve has been designed to potentially accommodate four dedicated baseball diamonds, six tennis courts, a shared use pavilion and a playground. This will facilitate the future delivery of sports such as baseball and tennis given that reserve within the Donnybrook Woodstock PSP to the north will provide for the more traditional sports. The provision of land is flexible enough to allow the ultimate use to be determined by Council at a later date.

Extractive Resources

The North Growth Corridor Plan specifically identifies two quarrying areas within and adjacent to the Shenstone Park PSP. These are known as the Woody Hill and the Phillips Quarries. The Woody Hill Quarry operates within the south western portion of the PSP, while the Phillips Quarry adjoins the PSP to the south east but is not currently in operation.

These extractive resources located within the PSP and surrounds are considered to be of strategic importance to supply raw materials for infrastructure to support short and longer-term growth in Northern Growth Corridor and Greater Melbourne.

The Future Urban Structure of the PSP has been designed in order to allow for the continued and expanded operation of both quarries, while considering broader objectives of planning, including the proposed land uses outlined in the Northern Growth Corridor Plan, existing approved PSPs, further infrastructure requirements and land constraints such as biodiversity and other land use buffers.

Gas Pipeline

The APA GasNet Group have one high pressure gas pipeline easement containing two gas pipelines that dissects the precinct in a north-south direction. A Safety Management Strategy is required to be undertaken prior to the finalisation of the Precinct Structure Plan. The VPA is currently engaging with APA GasNet Group in order to commence this process. The PSP will identify the gas pipeline measurement length. Particular uses will be discouraged to be located within the gas pipeline measurement length and the Future Urban Structure has been designed with this measurement length in mind in order to mitigate risk as low as reasonably practical.

Protection and Enhancement of Biodiversity and Natural Features

The PSP lies within the locally and regionally significant River Red Gum Grassy Woodland area of the Northern Plains. In response, local parks have been nominated to maximise the protection of trees and other natural features and serve as passive open space for the local community. They have also been located to connect with the broader open space and biodiversity conservation network. Furthermore, the PSP requires the retention of 80% of medium, large and very large River Red Gums as part of any development. This is consistent with Council’s River Red Gum Protection Policy.

In addition to the local parks, Federally recognised Conservation Areas have been nominated through the State Government’s Biodiversity Conservation Strategy. These Conservation Areas are proposed to be developed to support the conservation of the Growling Grass Frog and the retention of nationally listed Grassy Eucalypt Woodland and Natural Temperate Grassland communities. The State Department of Environment, Land, Water and Planning (DELWP) is responsible for any modifications to these conservation areas. Federal approval is also required for any reduction to the net area.

Melbourne Water – Drainage Scheme

Existing waterways and flow paths can be found throughout the Shenstone precinct area, these include the Merri Creek, Darebin Creek and their associated tributaries. Through the development of the PSP area there are obligations to manage and mitigate potential flood risks. This process is driven and determined by Melbourne Water. The drainage alignment and asset location generally align with the existing overland flow path as the natural low point of the land.

Throughout the preparation of the plan, the drainage requirements have been identified and refined through ongoing discussions with Melbourne Water, VPA and landowners. The ultimate drainage network will be informed by Melbourne Water’s Drainage Services Scheme.

Integrated Water Management

The PSP has been developed with a strong focus on integrated water cycle management and water sensitive urban design. As a result, water treatment is proposed to occur at various points along waterways, with assets (retarding basins, wetlands, sediment treatment ponds). These assets, which have been sited to avoid impacting upon significant natural features, will ensure that flood risks are appropriately managed and that water is treated to best practice levels prior to it entering the Darebin Creek and the Merri Creek. In general terms, the higher order assets are the responsibility of Melbourne Water. Open space reserves have been located to be adjoining waterways and water assets to take advantage of opportunities to harvest stormwater where possible which will assist in minimising impacts on waterways, help make reserves more drought resistant and reduce operating costs in the future. All homes in the Precinct will have access to recycled water for irrigation purposes.

Heritage

The Wurundjeri Tribe Land Cultural Heritage Council has identified the waterways and stony rises as areas of cultural sensitivity as defined by Aboriginal Heritage Regulations. These areas frequently contain Aboriginal cultural material within the wider region. Further, more complex and detailed assessments may be required from developers later in the planning process.

European heritage places have also been protected within the PSP. The area contains dry stone walls that provide a connection to the historical farming uses of the land. The dry stone walls have local heritage significance and are currently protected under Clause 52.33 of the Planning Scheme. The PSP aims to retain as much of the significant dry stone walls in areas with compatible land uses such as road reserves, open space and within subdivision layouts.

A late-19th to early-20th century farm complex containing sheds, outbuildings and concrete-sealed brick cistern has been identified at 1030 Donnybrook Road. A Heritage Overlay (HO187) is proposed as part of this Amendment to continue the heritage protection of these sites. A Heritage Conservation Management Plan will be required to be submitted as part of any future application that includes a heritage significant site to ensure values are incorporated into any proposed development or subdivision.

Utilities

Utilities, such as sewer, water, recycled water, telecommunications, electricity and gas, will be available to service the precinct and will be provided by private service providers external to Council. In a Growth Area context, the infrastructure associated with these services is typically delivered by a developer at the time of construction in negotiation with the service provider. For trunk infrastructure, in some instances, the service provider will either deliver the project or reimburse the developer for the works if the utility is required to reach a broader catchment area. These services are indicatively identified on the Utilities Plan of the exhibited PSP.

Yarra Valley Water Infrastructure

The expansion of the Northern Growth Corridor has required service authorities to upgrade and expand facilities to meet future demands. Yarra Valley Water (YVW) is in the process of delivering significant infrastructure to cater for such demand.

YVW control four parcels of land in the south-west of the PSP in order to provide for utility infrastructure. In addition, YVW are in discussions to the landowner south of the PSP to provide for a potential Sewerage Treatment Plan.

INFRASTRUCTURE CONTRIBUTIONS

The exhibited PSP includes a Public Infrastructure Plan (Table 9), that lists the key infrastructure projects required for the precinct and whether they are to be funded via the Infrastructure Contributions Plan (ICP). The new Infrastructure Contributions system has recently been introduced by the State Government following reforms to the development contributions system.

In general terms, the ICP system is proposed to work by levying a flat monetary rate for contributions towards a generic allowable list of items, with some additional items listed as potential ‘supplementary items’ that may attract further contributions. This differs from the DCP system which is a floating rate determined by estimating the cost of the allowable and required infrastructure and dividing this amount by the net developable area that is proposed to rely on that infrastructure.

It is anticipated that the infrastructure required by the Shenstone Park PSP can be accommodated within the standard infrastructure levy and an additional supplementary levy will not be required. In any case, Council officers have requested that the methodology of standard costings be provided prior to the ICP being finalised in order to ensure that this is the case. In the case that a standard rate is applied and there is no supplementary levy, it is anticipated that the ICP will be processed under Section 20(4) of the Planning and Environment Act 1987, that enables the Minister to amend a Planning Scheme, without notification or exhibition of the Amendment.

The key infrastructure items include as identified within the public infrastructure plan is:

· Land required for community centres and construction costs.

· Land required for future arterial roads and intersections and construction (interim) costs.

· Land required for local parks.

· Land required for active open space and construction costs.

· Culvert construction over waterways.

· Pedestrian signal costs.

Council SUBMISSION

Whilst Council is not the Planning Authority for this Amendment, Council will be responsible for the implementation of the plan through the permit approvals process and through the delivery of infrastructure contained within the ICP. It is therefore important that Council provides a submission to the proposed Planning Scheme Amendment to ensure that key strategic issues are flagged and considered by the VPA and Minister for Planning when finalising the Amendment.

Given the size and complexity of the proposed Amendment, Council’s submission is proposed to be formulated based on three aspects. The first relating to the recommendations on the key strategic issues outlined within this report, the second being the detailed list of issues (Attachment 3) identified in review of the proposed Planning Scheme Amendment documentation, and the third being the preliminary response to other submissions (Attachment 4).

The detailed list of issues is a comprehensive list of all major and minor matters that have been identified when reviewing the associated Planning Scheme Amendment documentation. With a document of this scale, there will inevitably be issues relating to administrative matters such as typographical errors, phrasing changes and document structure, which will likely need to be ‘tidied up’ as part of finalisation of the Amendment. These have also been included within the detailed list of issues (Attachment 3), whilst this report has been prepared to focus on the more substantive key strategic issues and will not expand on the minor matters that will not have any impact on the content or intent of the document.

It is important to note that the VPA will ultimately determine the basis upon which the proposed amendment will be considered by the Minister for Planning. Furthermore, in responding to other submissions made to the Amendment, the VPA may propose additional changes which may impact Council’s position. Therefore, this report recommends that Council officers be authorised to respond to any such changes, consistent with the position outlined in this report.

KEY Strategic Issues

The earlier Key Features of the Plan section of this report provides an overview of the PSP. Based on an officer assessment of the exhibited Planning Scheme Amendment and initial review of all submissions received, a number of key strategic issues that warrant discussion have been identified. These are outlined below with accompanying officer recommendations.

The issues to be discussed include:

· Extractive Industries Expansion and Applied Buffers

· Yarra Valley Water - Utility Facility Land

· Donnybrook Road Widening and Intersections

· Station Car parking and Overpass Concept

· Provisions for Affordable Housing

· Sustainability

· Location and Distribution of Open Space

· Potentially Contaminated Land

· Heritage Overlay – 1030 Donnybrook Road, Donnybrook

· Infrastructure Contributions Plan

Extractive Industries Expansion and Applied Buffers

It is generally agreed that appropriate buffers are required to be applied in order to ensure that sensitive uses are not impacted by the quarry activity, however the rationale behind the extent from which the sensitive use buffer is measured from within the PSP is unclear. Rather than measuring the sensitive use buffer from the approved Works Authority boundary, the sensitive use buffer has been measured from the proposed extractive industries expansion boundary for the Woody Hill Quarry and the property boundary for the Phillips Quarry. The proposed extractive industries boundary for the Woody Hill Quarry extends beyond the current approved Works Authority and into adjoining landholdings. This proposed extractive industries boundary also assumes that Council would support a planning permit application for the expansion of the quarry. It is questionable whether the ‘possible quarry expansion’ has considered Clause 14.03-1S of the Victorian Planning Provisions, noting that the adjoining landowners have objected in their submission to the expansion of the Woody Hill Quarry into their landholding. Clause 14.03-1S of the Victorian Planning Provisions states:

‘Ensure planning permit applications clearly define buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry.’

The blast buffer measurement of the Woody Hill Quarry further restricts development, given buildings and works are prohibited within this buffer. The possible expansion extends well beyond the currently approved Works Authority, therefore sterilising a considerable amount of land until the Quarry ceases operations. A Planning Scheme Amendment will also be required in order to facilitate development in the future as per the currently exhibited provisions of Schedule 7 to the Urban Growth Zone.

Whilst it is acknowledged that there is a need to ensure development within the blast buffer appropriately considers the impacts of developing in proximity to an operational quarry, it is considered that prohibiting buildings and development from occurring is overly restrictive within an identified industrial precinct. Particularly given the boundary in which the blast buffer is measured from is based on a possible expansion and not the defined existing Works Authority boundary. It is recommended that this provision be reviewed with the possible inclusion of further assessments and design requirements that would address the impacts of the blast buffer whilst permitting buildings and employment opportunities in a precinct identified for industrial development.

Recommendation

· Request further clarification and information with respect to how the ‘possible quarry expansion’ boundary has been determined whilst considering relevant planning policies, particularly given its impact on the sensitive use and blast buffer measurements.

· Request further consideration of the blast buffer prohibition to determine whether this is the most appropriate planning control to address development in proximity to the active quarry operations and whether further assessments and design requirements may also achieve the desired control, whilst ensuring land is not sterilised in the short-medium term.

· If a prohibition of buildings within the blast buffer is applied, land within the blast buffer should not be considered as ‘developable’ and nominated with the applied Industrial 1 Zone given the uncertainty of timing for future development and given a further Planning Scheme Amendment is required in order to facilitate development.

Yarra Valley Water - Utility Facility Land & Sewerage Treatment Plan

The Yarra Valley Water (YVW) land identified as ‘Utility Facility’ within the PSP is designated with an applied Industrial 1 Zone in the land use designations of Schedule 7 to the Urban Growth Zone. The Land Use Budget however does not include this land within the Net Developable Area for employment land. Therefore, the land is provided with a land use designation however does not have the infrastructure contribution obligations of land considered as developable within the PSP.

Recommendation

· Request further clarification to better understand the future intention of this land by YVW, particularly given that some of this land may be surplus to the needs of YVW.

· If land is surplus to the needs of YVW, given the land use designation as an applied Industrial 1 Zone, this land should be identified within the PSP land budget as developable employment land and funds collected via the ICP.

In addition, land immediately to the south of the PSP is designated as a Yarra Valley Water ‘potential sewerage treatment facility.’ The nature of this land use as a sewerage treatment facility has created buffers that have impacted the Future Urban Structure. However, given the land is currently within private ownership, it is unclear how certain the location depicted will be the ultimate location.

Recommendation

· Request further clarification on the certainty of this land being utilised for a Yarra Valley Water sewerage treatment facility given the buffer implications to the Future Urban Structure.

Donnybrook Road Widening and Intersections

The Public Acquisition Overlay (PAO) in favour of VicRoads for the future duplication of Donnybrook Road south is incorrectly aligned at key intersections within the Shenstone Park Precinct. In addition, land for the widening of Donnybrook Road and these intersections has been captured as public purpose land within the ICP. The application of the PAO and the application of the land as public purpose land within the ICP is a duplication in mechanisms to acquire the land. Given that the PAO is incorrectly applied at key intersections and the challenges associated with VicRoads land acquisition, it is recommended that for the land within the ultimate intersection funded under Shenstone Park ICP, that the PAO be removed and the land remain nominated as inner public purpose land within the ICP.

Recommendation

· The Donnybrook Road PAO should be removed where land is nominated as ‘public purpose’ for the ultimate intersections funded under Shenstone Park ICP.

The current road network requires heavy vehicle traffic travelling west along Donnybrook road to utilise the key north-south connector road in order to access the eastern extent of the employment land. This route would divert heavy vehicle traffic through the Local Town Centre. An additional convenient left in/left out local access point is required to be located to the west of the main north-south connector boulevard road leading towards the Local Town Centre, in order discourage this route from being utilised by heavy vehicle traffic.

Recommendation

· Identify an additional north-south left in/left out local road connection to Donnybrook Road at the periphery of the employment land.

The type of T-intersection treatments identified on Plan 10 of the PSP are not clearly identified. The intersections should distinguish whether these are a typical Type-C intersection or a signalised T-intersection. This is important given the implications of the intersections funded via the ICP.

Recommendation

· The designated T-intersections on Plan-10 should be labelled as signalised T-intersections and the description associated with these intersections in Table 9 (Precinct Infrastructure Plan) should also be updated to identify these as signalised T-intersections.

Station Car parking and Overpass Concept

The Future Urban Structure identifies Langley Park Drive as a terminating local road as it approaches the future Donnybrook Road overpass. There is no additional detail on any connection to the station car parking or a potential continuation of this road. Noting the adjacent overpass, the required 3ha station car parking and pedestrian connectivity to Donnybrook Station, further design guidance for this precinct should be provided in order to ensure this area is well planned the envisaged outcomes are achieved.

Recommendation

· A concept plan to further depict the pedestrian and road connections, the railway frontage and road underpass would assist with the masterplanning for this area and should be incorporated into the PSP document.

Provisions for Affordable Housing

Whilst the inclusion of affordable housing provisions within this Planning Scheme Amendment is commended, the implementation via a guideline in the PSP with no further instruction or associated provisions is generally problematic. Guidelines can be difficult to enforce considering that a guideline ‘should’ be met, and a requirement ‘must’ be met. Additionally, there is a lack of compulsion for the developer to willingly provide affordable housing as part of any development.

Guideline 14 states:

‘Subdivision of land should provide up to 10% of the NDA for the provision of affordable housing as defined by the Planning & Environment Act 1987 (as amended).’

An explanation as to how this guideline is expected to be implemented would assist Council in the implementation phase of the PSP. Council would welcome the preparation of a Practice Note or similar by the VPA or State Government body.

Recommendation

· Support the inclusion of the guideline but request further clarification as to how it is expected to be applied as part of the implementation of the PSP.

· A standard voluntary condition of the UGZ Schedule should specifically outline the provisions for an Agreement to be entered into in order to implement the provision of affordable housing if agreed upon by Council and the applicant.

Sustainability

Development within a growth area provides the opportunity to implement innovative new approaches and materials without the relative constraints of development within an established area. The PSP currently does not include any requirements of guidelines for the utilisation of recycled/environmentally friendly materials or practices during the subdivision stage. The PSP should seek to encourage developers to utilise recycled and/or environmentally friendly materials and construction techniques in order to promote Environmentally Sustainable Design principles.

Furthermore, it is understood that a body of work is being undertaken by eighteen regional and peri-urban Councils, including the City of Whittlesea, to develop a framework to assess the sustainability of subdivisions through the planning process.

It is understood that the work known as the Sustainable Design Assessment in Planning Process will result in the establishment of a formal policy framework within the Planning Scheme to assist in the implementation of Sustainable Environmental Design outcomes.

Recommendation

· Request the inclusion of an additional guideline that encourages development to utilise environmentally sustainable and recycled materials.

Location and Distribution of Open Space

A number of minor location and distribution amendments to the Local Open Space network have been recommended (within the detailed list of issues provided as Attachment 3) in order to the ensure the functionality of the future passive recreation reserves. The most significant is the designation of the linear reserve along the north-south local road interface to the residential and employment precincts as credited open space in order to provide a buffer between the uses.

It is considered that the linear open space incorporated into the road cross section is no different to a connector boulevard cross section that provides a single sided boulevard treatment rather than a central verge. The widened verge within the cross section has very limited capacity for passive recreation and should not be considered as credited open space. In addition, designating the verge as credited open space has the potential to set a precedent for all widened verges that are considered as part of the design response to be claimed as credited open space.

Recommendation

· The widened verge should not be considered as credited open space in the PSP given its limited capacity to function and provide for passive recreation.

Potentially Contaminated Land

The exhibited Schedule 7 to the Urban Growth Zone identifies a condition that allows for a permit to be issued requiring an Environmental Audit and a Certificate or Statement of Environmental Audit to be provided post-permit.

This is contrary to the Potentially Contaminated Land General Practice Note. The Practice Note specifies:

‘The Act also requires a responsible authority, before deciding on a planning permit application, to consider ‘any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development’ (Section 60).’

Additionally, the General Practice Note states:

‘Generally an environmental audit should be provided as early as possible in the planning process. This may not always be possible or reasonable and requiring an environmental audit as a condition of permit may be acceptable if the responsible authority is satisfied that the level of contamination will not prevent the use of the site.’

Given the Practice Note states an Environmental Audit should be provided as early as possible in the planning process, this should therefore be undertaken upfront if it’s determined to be required by the Phase 2 Environmental Assessment. This would allow Council to consider any Phase 2 Environmental Assessment provided with the planning application and determine how to proceed based on the recommendations of the report, rather than allowing for an Environmental Audit to be undertaken post-permit. In addition, the Practice Note provides flexibility for the Responsible Authority to determine whether a permit should be issued with such a condition.

Recommendation

· It is recommended that the Environmental Audit condition from Clause 4 of Schedule 7 to the Urban Growth Zone be removed.

Heritage Overlay – 1030 Donnybrook Road, Donnybrook

The inclusion of the late-19th to early-20th century farm complex containing sheds, outbuildings and concrete-sealed brick cistern within a Heritage Overlay at 1030 Donnybrook Road, Donnybrook is supported. A Conservation Management Plan will be required to be prepared for the development of this land under the existing planning controls.

A Statement of Significance has been prepared as part of the Planning Scheme Amendment in order to identify the significant heritage elements to be protected. A number of minor changes have been proposed to the Statement of Significance to better reflect the heritage significance of the heritage place.

Recommendation

· Support the application of a Heritage Overlay to 1030 Donnybrook Road, Donnybrook.

· Request for the Statement of Significance to be amended as per the track changes within Attachment 6.

Infrastructure Contributions Plan

The funding mechanism to deliver higher order infrastructure throughout the precinct for this Planning Scheme Amendment is the Infrastructure Contributions Plan and Public Purpose Land Model. The Shenstone ICP is to be prepared via a standard levy with no supplementary items. The current standard levy rate for the 2019-2020 financial year is $213,862 per net developable hectare for residential areas and $124,344 per net developable hectare for employment areas. This is inclusive of the community and recreation and transport rates.

Under the ICP and the standard levy approach, the pool of money collected under the community and recreation and transport rates is utilised to fund the nominated projects, whilst under the previous Development Contributions model, the rate was determined by totalling the estimated cost of individual projects and dividing the cost across the precinct.

As outlined above, this standard levy approach does not provide an individual project costing. For information purposes, as the Responsible Authority and Collecting Agency, the estimated costings of these projects should be provided to Council in order to clearly demonstrate that the projects can be funded under this standard levy.

In addition, given the uncertainty in how the blast buffer land and utility facility land is to be treated as part of the Planning Scheme Amendment, Council reserves the right to review this position given the implications on developable area and total levies to be collected.

Recommendation

· Council request the estimated costings of projects funded by the Shenstone Park ICP to be provided for information purposes.

· Council reserves the right to review the position on the ICP given the implications based on potential amendments to the PSP through the Panel process and impacts on developable area and total levies to be collected.

NEXT STEPS

Pending resolution of this report, Council officers will provide a formal position/submission on Amendment C241 to the VPA, that is based on the recommendations made within the key strategic issues section of this report, the detailed list of issues (Attachment 3) consolidated upon review of the exhibited Planning Scheme Amendment, and the preliminary response to submissions (Attachment 4).

The VPA will take into account all submissions received and make recommendations to the Minister for Planning, who will make the ultimate decision on the proposed Amendment and the associated process. Broadly, the Minister will have a number of options before him to advance the Amendment as per normal statutory practice:

· The Minister can recommend that a Panel, or similar, is convened to hear submissions and make recommendations to the Minister for his ultimate decision (considered the most likely outcome);

· The Minster can consider and approve an amendment under Section 20(4) of the Planning and Environment Act 1987. Under this provision the Minister can exempt himself from any of the notice provisions of the Act and approve an amendment;

· The Minister can abandon the amendment.

As noted above, given the complex nature of the Amendment and the submissions received, it is likely that a Planning Panel will be convened. It is expected that the Panel hearing will be conducted in mid-late 2020.

financial implications

The long-term financial implications have been identified within the PSP’s Public Infrastructure Plan. In the short term, if a Planning Panel is ultimately appointed to consider submissions and provide recommendations on the PSP, Council will need to cover costs for legal representation at the Panel Hearing and for any expert witness statements required. Ultimately, the key strategic infrastructure required to service the precinct will be incorporated into the Infrastructure Contributions Plan.

Policy strategy and legislation

The Planning Scheme Amendment has been prepared in accordance with State Government Policy, including the Melbourne North Growth Corridor Plan (Victorian Government, 2012) and Plan Melbourne 2017-2050, the updated metropolitan planning strategy. The following policies of Plan Melbourne 2017-2050 have been addressed:

· Policy 1.1.6 Plan for industrial land in the right locations to support employment and investment opportunities.

· Policy 1.1.7 Plan for adequate commercial land across Melbourne

· Policy 1.2.2 Facilitate investment in Melbourne’s outer areas to increase local access to employment

· Policy 2.2.5 Require development in growth areas to be sequenced and staged to better link infrastructure delivery to land release.

· Policy 2.5.2 Provide a range of housing types in growth areas

· Policy 3.2.1 Improve roads in growth areas and outer suburbs

· Policy 3.2.2 Improve outer-suburban public transport

· Policy 4.4.1 Recognise the value of heritage when managing growth and change

· Policy 4.4.2 Respect and protect Melbourne’s Aboriginal cultural heritage

· Policy 5.1.1 Create mixed-use neighbourhoods at varying densities

· Policy 5.2.1 Improve neighbourhoods to enable walking and cycling as part of daily life

· Policy 5.3.1 Facilitate a whole-of-government approach to the delivery of social infrastructure

· Policy 5.4.1 Develop a network of accessible, high quality, local open spaces

· Policy 6.3.2 Improve alignment between urban water management and planning by adopting an integrated water management approach

· Policy 6.3.3 Protect water, drainage and sewerage assets

· Policy 6.4.2 Strengthen the integrated metropolitan open space network

· Policy 6.5.2 Protect and enhance the health of urban waterways

Ministerial Directions

The Amendment has been prepared considering the following ministerial directions:

· Direction No.1 – Potentially Contaminated Land

A Preliminary Environmental Contamination Assessment – Shenstone Park Precinct Structure Plan (Meinhardt, March 2017) was carried out for the precinct to provide a high-level assessment of the potential for environmental contamination within the precinct, assessing the nature of potential contaminants to be considered during the design and construction phases.

Appropriate planning provisions have been considered in the preparation of this Planning Scheme Amendment in order to ensure that land that is potentially contaminated is identified and remediated prior to development occurring.

· Ministerial Direction No. 9 Metropolitan Planning Strategy

The amendment implements the growth area elements of the Metropolitan Strategy. The amendment provides for a fully serviced new urban neighbourhood in a designated growth area. The PSP includes approximately 131 hectares (net developable) of land designated for commercial and industrial development. These commercial and industrial areas are located to be generally consistent with the North Growth Corridor Plan, with the industrial and commercial areas to surround the Woody Hill Quarry within the western part of the PSP and act as buffers to residential development within the PSP to the east and to the Donnybrook-Woodstock PSP to the north.

· Ministerial Direction No. 11 Strategic Assessments of Amendments

This direction seeks to ensure a comprehensive strategic evaluation of a Planning Scheme Amendment that has been undertaken. This is evident as described within the exhibited Background Summary Report (September 2019) provided as Attachment 7.

· Direction No. 12 - Urban Growth Areas

Part 6 of Ministerial Direction 12 requires that when preparing an amendment to introduce or change provisions in a Schedule to the Urban Growth Zone, a planning authority must evaluate and include in the explanatory report a discussion about how the Amendment implements any Growth Area Framework Plan applying to the land. This has been addressed within the Explanatory Report provided as Attachment 8.

Planning Practice Notes

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

· PPN02: Public Land Zones

· PPN10: Writing Schedules

· PPN30: Potentially Contaminated Land

· PPN46: Strategic Assessment Guidelines

· PPN89: Extractive Industry and Resources

Planning Policy Framework (PPF)

The Amendment will implement the PPF, particularly the following:

· Clause 11.02 - Managing Growth.

· Clause 11.03 - Planning for Places.

· Clause 12.01-2S - Native Vegetation Management.

· Clause 13.02 - Bushfire.

· Clause 13.04-1S - Contaminated and potentially contaminated land.

· Clause 13.05 - Noise.

· Clause 14.03-1S - Resource exploration and extraction.

· Clause 15.01 - Built Environment.

· Clause 15.02 - Sustainable development.

· Clause 15.03 - Heritage.

· Clause 16.0 - Housing.

· Clause 17 - Economic development.

· Clause 17.03-1S - Industrial land supply

· Clause 18 - Transport

· Clause 19.02 - Community infrastructure

· Clause 19.03 - Development infrastructure

Local Planning Policies and Strategies

The proposed Amendment considers and implements Council’s local policies and strategies including:

· Whittlesea 2040 – A place for all (2018).

· Whittlesea Municipal Strategic Statement (MSS).

· City of Whittlesea Economic Development Strategy (2017).

· Clause 21.04 Settlement.

· Clause 21.09 Housing.

· Clause 21.10 Economic Development.

· Clause 21.11 Transport.

· Clause 21.12 Infrastructure.

· Clause 22.03 Bushfire Management Policy.

· Clause 22.04 Heritage Conservation Policy.

· Clause 22.10 River Red Gum Protection Policy.

The Planning Scheme Amendment response to specific State and Local Policy as detailed above is detailed further within the Explanatory Report Attachment 8.

link to strategic risks

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

The Public Exhibition process of the Planning Scheme Amendment is being undertaken by the VPA who in this case is the Planning Authority. It is the responsibility of the VPA to review and respond to submissions and determine how to address matters before proceeding to the Minister for Planning for a decision on the Amendment. This is considered to be a low strategic risk as the VPA has been actively working with Council as the Responsible Authority for the implementation of the PSP, to ensure all matters have been appropriately considered.

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

The PSP has been prepared based on a number of supporting background reports that have informed the design response and infrastructure requirements of the precinct. The City of Whittlesea Community Infrastructure & Open Space Needs Assessment has utilised the land budget of the PSP and projected population to determine the type and nature of community infrastructure within the precinct. Additionally, the ICP which will be prepared under a standard Levy will collect funds to contribute to the identified community and infrastructure projects.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Liveable neighbourhoods

Key Direction Well-designed neighbourhoods and vibrant town centres

The Shenstone Park Precinct Structure Plan will guide urbanisation based on sound planning principles and promote the future orderly development of the land and ensure our neighbourhoods are designed to be well-connected and create cohesive communities that are anchored by vibrant town centres. In addition, the employment land uses will generate employment opportunities in proximity to the future residential community. As such, it is considered that the PSP will meet the key direction outlined above.

Declarations of Conflicts of Interest

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

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

Conclusion

Amendment C241 seeks to incorporate the Shenstone Park Precinct Structure Plan along with associated zoning, overlay and ordinance changes into the Whittlesea Planning Scheme. The finalisation of the PSP has been lead by the VPA in collaboration with the City of Whittlesea.

Amendment C241 was placed on statutory exhibition by the VPA between 10 October and 15 November 2019. Thirty submissions have been received from landowners and State Government agencies. It is important that Council provide a formal submission to the Amendment so that Council’s views can be considered by the Planning Panel and the Minister for Planning during finalisation process.

The Shenstone Park Precinct Structure Plan implements the framework set by the overarching North Growth Corridor Plan. Council officers have reviewed the documents and have identified a range of strategic issues that need to be considered and resolved including responses to submissions received in the finalisation of the PSP.

To this end it is recommended that Council resolve to provide in principle support to the exhibited Shenstone Park Precinct Structure Plan and associated Planning Scheme Amendment subject to consideration of Council’s formal submission to be provided to the VPA.

RECOMMENDATION

THAT Council resolve to:

1. Provide a formal submission to the Victorian Planning Authority on Amendment C241 to the Whittlesea Planning Scheme.

2. Adopt the officer recommendations as the basis of Council’s submission to the Victorian Planning Authority and subsequent Planning Panel as contained within:

a) the Key Strategic Issues section of this report,

b) the detailed list of issues at Attachment 3 to this report, and

c) the preliminary response to submissions at Attachment 4 to this report.

3. Authorise Council officers to make any further submissions as required through the Amendment process, consistent with 2. above.

4. Provide in principle support for Amendment C241, subject to the resolution of issues outlined in 2. above.

Ordinary Council Agenda Tuesday 7 April 2020

6.1.2 Wedge Street and Campbell Street road reserves adjoining 16 Davisson Street, Epping - Use and Development of the land for a Car Park

Attachments: 1 Locality Map ⇩

2 Detailed Design Plans ⇩

Responsible Officer: Director Partnerships, Planning & Engagement

Author: Planning Officer

APPLICANT: VicTrack

STATE POLICY: Clause 11.03-1R (Activity centres – Metropolitan Melbourne)

Clause 18.01-1S (Land use and transport planning)

Clause 18.01-2S (Transport system)

Clause 18.02-2S (Public transport)

Clause 18.02-4S (Car parking)

COUNCIL POLICY: Clause 21.11 (Transport)

Clause 21.13 (Local Areas)

ZONING: Activity Centre Zone (Schedule 1)

OVERLAY: Development Contributions Plan Overlay (Schedule 3 Development Contributions Plan Overlay (Schedule 14)

Parking Overlay (Schedule 1)

REFERRAL: Not applicable

OBJECTIONS: Two (2) objections received

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 719041 and issue a Notice of Decision to grant a Planning Permit for the use and development of a car park within the Road Reserve adjacent to No. 16 Davisson Street, Epping.

KEY FACTS AND / OR ISSUES

· The application seeks a permit for the use and development of a car park within the road reserves (Wedge and Campbell Street) adjacent to No. 16 Davisson Street, Epping.

· Advertising of the application was carried out by way of written notice to adjoining and adjacent owners and a sign placed on site. Two objections were received.

· Grounds of objection include decrease in property values; commuter car park should be on a main road; impacts on emergency service vehicle access; increased traffic and impacts on traffic safety; excessive rates; increased crime; lack of provision for bicycle parking; and reduction in green space and removal of trees.

· The proposed use and development demonstrates a satisfactory level of compliance with the relevant planning controls and is therefore considered appropriate for approval subject to conditions.

Report

SITE AND SURROUNDING AREA

The subject site consists of two road reserves, the Wedge Street road reserve located to the east of St Monica’s College, and the southern-most portion of Campbell Street road reserve (see Attachment 1).

The subject site(s) are designated as access roads as per the City of Whittlesea – Register of Public Roads (June 2017) (the road register) and managed in accordance with the Road Management Act 2004. The Campbell Street Reserve is designated as an ancillary area under Section 18 of the Road Management Act 2004, being identified as 126534 Slashing Site Campbell Street Extension Reserve Epping in the road register.

The site is irregular in shape and contains no significant vegetation. All vegetation within the road reserves have been planted for amenity purposes.

The Wedge Street road reserve provides vehicular and pedestrian access from Campbell Street to St Monica’s College to the west. Campbell Street terminates in a court bowl at the intersection between Wedge and Campbell Street, however the road reserve continues to the south with a small grassed area and pedestrian access extending to the rail corridor. The Epping Train Station is located approximately 100m west of the subject site.

To the west and south of the site are sporting facilities and school buildings associated with St Monica’s College. Medium density residential development is located to the east and north. ‘Green Gables’, an aged care facility is also located to the north.

restrictions and easements

The subject site forms part of the road reserve, therefore there are no titles associated with the site. Accordingly, therefore there are no encumbrances, caveats or restrictions applicable to the site.

Proposal

It is proposed to use and develop a car park at the termination of Campbell and Wedge Streets within the two existing road reserves to service commuters travelling to and from Epping Station (see Attachment 2). A 64 space car park will be constructed and will be accessible 24 hours a day seven days a week.

Vehicle access to the Campbell Street Reserve parking area will be shared with the existing crossover to the residential property at No. 6 Campbell Street. Access to the Wedge Street Car Park will remain unchanged from the current arrangement.

The car park will be approximately 100m from Epping Station, connected by an existing footpath that runs along the western edge of Campbell Street Reserve and the retaining wall of the rail line.

Additional footpath connections will be provided along the western and southern boundaries of the Wedge Street parking areas to provide direct and continuous access for car park users.

Pram crossings have been included in the design to enable pedestrian access to and from parking spaces.

Low maintenance landscaping will also be installed.

The proposed building and works are summarised as follows:

· Installation of 64 90-degree car parking spaces at grade with 6.2m aisle widths within two car parking areas (Campbell and Wedge Streets);

· Construction of turnaround bays at the end of both car parks with pram crossings to proposed and existing footpaths;

· Installation of bollards to protect drainage swales, minimise conflict and prevent unauthorised access;

· Provision of a swale to the east of the current Campbell Street Reserve, between the proposed car park and existing footpath.

· Installation of drainage and drainage connections;

· Installation of semi-mountable kerbing to allow ambulances to traverse out of parking areas;

· Construction of pathways and walkways adjacent to the car parking spaces;

· Excavation and levelling of the site.

The City of Whittlesea is the manager of the land to which this application applies. As such, the application has been made in accordance with Section 96 of the Planning and Environment Act 1987 and Clause 67 (Applications Under Section 96 of the Act) of the Whittlesea Planning Scheme.

Public Notification

Pursuant to Clause 67.02 of the Whittlesea Planning Scheme, in accordance with Section 52(1)(c) of the Planning and Environment Act 1987, notice was required to be given to the owners and occupiers of adjoining land. Advertising of the application resulted in two (2) objections being received. The grounds of objection are summarised as follows:

1. Decrease in property values

2. Commuter car park should be on a main road

3. Impacts on access for emergency service vehicles

4. Increased traffic and impacts on traffic safety, including commuters blocking entry to driveways

5. Excessive rates

6. Increased crime

7. Lack of provision of bicycle parking

8. Reduction in green space and removal of trees

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

Planning Policy Framework

· Clause 11.03-1R - Activity centres – Metropolitan Melbourne

Clause 11.03-1R seeks to support the development and growth of Metropolitan Activity Centres by ensuring they are hubs for public transport services.

· Clause 18.01-1S – Land use and transport planning

Clause 18.01-1S seeks to create a safe and sustainable transport system by integrating land use and transport. This is to be achieved through the coordination of improvements to public transport, walking and cycling networks with the ongoing development and redevelopment of urban areas.

· Clause 18.02-2S – Public Transport

Clause 18.02-2S seeks to facilitate greater use of public transport and promote increased development close to high-quality public transport routes. This is to be achieved via improved access to the public transport network by ensuring integration with walking and cycling networks.

· Clause 18.02-4S - Car Parking

Clause 18.02-4S seeks to ensure an adequate supply of car parking that is appropriately designed and located. In this regard, it is strategy to allocate or require land to be set aside for car parking subject to the existing and potential modes of access including public transport. The design and location of local car parking is to facilitate the use of public transport.

· Clause 21.11-1 – Integrated Transport

Clause 21.11-1 seeks to establish an efficient, interconnected multi-modal transportation system which increases the level of accessibility and choice within and beyond the City of Whittlesea. This is to be achieved through the reduction of dependence on car-based transport and provide improved public transport and pedestrian/cycle options within existing urban and growth areas of the municipality.

· Clause 21.13-1 - Epping Central Metropolitan Activity Centre

Clause 21.13-1 seeks to develop Epping Central Metropolitan Activity Centre as a vibrant, attractive and sustainable hub for housing, employment and community services for the municipality and wider region. This is to be achieved through increasing the proportion of trips taken by sustainable modes of transport such as walking, cycling and public transport to reduce car use.

The proposed works will be located within the Epping Central Metropolitan Activity Centre and will contribute to its development as a hub for public transport services. The proposal seeks to provide an appropriate level of car parking for users of the station and to further facilitate the use of public transport for longer distance (typically work based) trips. The project will provide additional parking capacity in Melbourne’s northern suburbs whilst encouraging higher rail patronage and reducing on-street parking demand near the station.

Activity Centre Zone (Schedule 1)

The subject site is located within the Activity Centre Zone (Schedule 1). Pursuant to Clause 37.08-5 of the Whittlesea Planning Scheme, a permit is required to carry out works within the Activity Centre Zone unless the schedule to this zone specifies otherwise. Pursuant to Section 3.0 of the Schedule, a permit is required for the use of the site for the purpose of a car park.

The subject site is located within Precinct 3 of the Activity Centre Zone.

The proposal will provide additional parking capacity in Melbourne’s northern suburbs as part of VicTrack’s Putting Passengers First Program and is consistent with Victorian Government transport policy objectives.

The project is part of a larger scheme of station car park upgrades proposed for key metropolitan and regional stations across Victoria. The car parks will ease congestion, improve security with CCTV, lighting and access to stations and provide accessible parking spaces.

Use by vehicles and drivers will generally be predicated on morning and afternoon peak commuter travel times associated with the use of the railway station by commuters. The proposed use and development is considered to be consistent with the purpose and objectives of the Activity Centre Zone, maximising public transport accessibility whilst enabling people to prioritise public transport use over car-based transport for longer distance trips.

This application has been considered by the relevant internal departments at Council which include Parks and Urban Design, City Design and Transport, and Rates, Property and Facilities Management. These departments are generally satisfied with the present application subject to the inclusion of appropriate use and development conditions, specifically a condition will be placed on any permit to be issued to demonstrate connectivity to the existing pedestrian and cycling network and to ensure the pedestrian/cycling access to and from the development are in accordance with the relevant Disability Discrimination Act (DDA) requirements.

Development Contributions Plan Overlay (Schedules 3 and 14)

The subject site is affected by the Development Contributions Overlay (Schedules 3 and 14). No development contribution is payable under Schedule 3 (Drainage Infrastructure Development Contributions Plan) as the proposed works do not involve a multi-unit residential, retail, industrial or business / commercial building. A contribution is not payable under Schedule 14 (Epping Central Development Contributions Plan) as this is based on additional floorspace and number of dwellings only.

Parking Overlay (Schedule 1)

The subject site is affected by the Parking Overlay (Schedule 1). Pursuant to Clause 45.09 no permit is required under this overlay.

PARTICULAR PROVISIONS

Clause 53.18 – Stormwater Management in Urban Development

The purpose of Clause 53.18 is to ensure that stormwater in urban development, including retention and reuse, is managed to mitigate the impacts of stormwater on the environment, property and public safety, and to provide cooling, local habitat and amenity benefits. The application has demonstrated satisfactory compliance with this Clause.

Comments on Grounds of Objection

Decrease in property values

The Victorian Civil and Administrative Tribunal has determined on many occasions that property values are not a relevant planning consideration.

Commuter car park should be on a main road

It is not a planning policy requirement that commuter car parks are located on main roads, with a large number of commuter car parks throughout the rail transport system not located on main roads.

The applicant undertook a comprehensive investigation of a number of sites around Epping Station, including two sites located to the south of the station. Due to the location of existing utilities, unsuitable geotechnical conditions and spatial constraints, these alternative locations were considered inappropriate for the works.

Impacts on access for emergency service vehicles

While it is acknowledged that Campbell Street is narrow, it is a dual carriageway and therefore can be accessed by vehicles and emergency services.

Increased traffic and impacts on traffic safety, including commuters blocking entry to driveways

The applicant submitted a Traffic Impact Assessment in support of the application. The report indicates that due to the modest size of the car park, there is unlikely to be any negative impacts on traffic within Campbell Street such as commuters blocking entry to driveways. Council’s traffic engineers were supportive of the findings and recommendations outlined in the applicant’s Traffic Impact Assessment report.

The car park will provide parking for commuters at peak morning and afternoon times. The increased provision of parking will enhance access to public transport and will decrease congestion in the surrounding area. The busiest time for commuter car parking is between the hours of 6am - 8am and 5pm - 7pm, weekdays. Commuters will generally leave their vehicles parked for around 8 hours, meaning there will be limited traffic from commuters throughout most of the day. It is also noted that the car park design includes improved lighting, access and CCTV surveillance.

It is likely that the proposed 64 space commuter car park will improve the overall car parking conditions in the immediate area through increased supply, will therefore limit unlawful parking and parking officers can undertake patrols of nearby streets to ensure lawful parking is occurring.

Excessive rates

Impacts on rates is not a relevant planning consideration.

Increased crime

There is no direct or proven correlation between increased movement of people and vandalism and safety, and it is an accepted urban design principle that more “eyes on the street” in fact enhances safety.

The proposed car park will include new lighting and CCTV which will enhance safety and surveillance of the area.

Lack of provision of bicycle parking

An objection raises concern that the proposal does not propose any bicycle parking, however the design includes the provision of up to 78 new bicycle spaces as part of the proposal.

Reduction in green space and removal of trees

The subject site forms part of the road reserve, however it has been embellished to act as additional open space, despite its road status. All existing landscaping to be removed has been planted with no remnant vegetation proposed for removal.

The proposal also involves the planting of 29 trees within the car parking area. This is more than currently exists within the site.

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 provisions of the Activity Centre Zone (Clause 37.08-5). The proposal shows a satisfactory level of compliance with the relevant provisions and will not have a detrimental impact on the character of the surrounding locality. Accordingly approval of the application is recommended as the proposal provides much needed commuter parking in the area.

Recommendation

THAT Council resolve to approve Planning Application No. 719041 and issue a Notice of Decision to Grant a Permit for use and development of the land for a car park in accordance with the endorsed plans and subject to the following conditions:

CONDITIONS TO BE MET PRIOR TO THE COMMENCEMENT OF WORKS

1. Before the development and use permitted starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of this permit. The plans must be generally in accordance with the plans dated 30 October 2019 and prepared by Jacobs but modified to show:

a. Landscaping works in accordance with Condition No. 2;

b. Pedestrian / cycling access to and from the development (in accordance with the standards relevant to DDA requirements). The plans must demonstrate the connectivity to the existing/proposed pedestrian/cycling network.

2. Concurrent with the endorsement of plans under Condition No. 1 and before the development and / or use 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 landscaping plan must be generally in accordance with the landscape concept plan dated 21 October 2019 prepared by Jacobs / Philip Liston Landscape Consultants. The plan must show:

a. All vehicular exclusion fencing in accordance with Council’s Standard Detail SDL.3.05 and SDL.3.06;

b. The proposed retractable EAB60 centre bollard located at the southern end of the Campbell Street car park must be able to be secured with Council’s Abloy padlock.;

c. A notation on Drawing C0121 indicating that the construction of the footpath under the existing Corymbia maculata is to be supervised by suitably qualified arborist (minimum AQF Level 3);

d. Note 6 on Drawing C0152 amended to reference the plant species proposed in the landscape plans;

e. A minimum 50mm layer of gravel mulch specified for the proposed bioswales;

f. The plant density for Mix D ‘Swale/Bioretention planting’ must be increased to 6 plants per m²;

g. A notation on drawings A0055 and A0056 indicating that any disturbance to existing lawns areas / nature strips must be suitably reinstated;

h. Deletion of superfluous information on Drawing A0054 not related to the proposal, i.e. offsets to wire rope barriers, barrier deflection requirements, landscape works within waterways, VicRoads tree planting policy, noise walls etc;

i. Consistency with the City of Whittlesea Landscape Guidelines (Non-Residential Use in residential area).

3. 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.

4. The use and / or 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.

CONDITIONS TO BE MET DURING CONSTRUCTION

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

6. At all times during the construction phase of the development, appropriate measures must be taken to ensure that pedestrians are able to use any footpath along the boundaries of the site safely.

7. Any litter generated by construction activities on the site must be collected and stored in an appropriate enclosure. The enclosures must be regularly emptied and maintained such that no litter overspills onto adjoining land. Prior to occupation and/or use of the car park, all litter must be completely removed from the site.

8. 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.

CONDITIONS TO BE MET PRIOR TO THE COMMENCEMENT OF THE USE

9. Before the use commences, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

a. Constructed;

b. Properly formed to such levels that they can be used in accordance with the plans;

c. Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to prevent dust and gravel being emitted from the site;

d. Drained and maintained;

e. Line marked to indicate each car space and all access lanes;

f. Clearly marked to show the direction of traffic along access lanes and driveways.

to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Responsible Authority.

10. Prior to use commencing, 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.

11. Unless with the prior written consent of the Responsible Authority, before the use commences, the landscaping works shown on the endorsed plans must be carried out, completed and maintained to the satisfaction of the Responsible Authority.

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

13. All disused or redundant vehicle crossings must be removed, and the area reinstated (including any footpath, kerb or channel), to the satisfaction of the Responsible Authority.

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

15. Stormwater flows in excess of the approved capacity of the pipe drainage system must not be trapped by any construction but must be permitted to flow over the finished surface of the site to the street or drainage easement.

USE CONDITIONS

16. The use permitted must be managed so that the amenity of the area is not detrimentally affected, through the:

a. Transport of materials, good or commodities to or from the land;

b. Appearance of any building, works or materials;

c. Emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d. Presence of vermin.

17. All external lighting must be designed, baffled and located to prevent adverse amenity impacts on adjoining land, to the satisfaction of the Responsible Authority.

18. The site must at all times be kept in a neat and tidy condition to the satisfaction of the Responsible Authority. Any litter must be immediately removed from the site and surrounding area to the satisfaction of the Responsible Authority.

19. Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

20. 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.

21. A minimum of two (2) car space(s) must be provided for the exclusive use of disabled persons and be designed in accordance with AS 2890.6 – 2009 (include title of Australian Standard). The car space(s) must be provided as close as practicable to suitable entrance(s) of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons.

EXPIRY CONDITION

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

a. The approved development does not start within 2 years of the date of this permit; or

b. The approved development is not completed within 4 years of the date of this permit and / or

c. The approved use is not commenced within two years of the completion of the development and/or

d. The approved use ceases for more than two years.

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.

Ordinary Council Agenda Tuesday 7 April 2020

6.2.2 City of Whittlesea Multicultural Policy

Attachments: 1 City of Whittlesea Multicultural Policy ⇩

Responsible Officer: Director Community Services

Author: Team Leader Aboriginal & Cultural Diversity

RECOMMENDATION SUMMARY

That Council endorse the City of Whittlesea Multicultural Policy.

KEY FACTS AND / OR ISSUES

· The Multicultural Policy is an update on the existing Policy which was endorsed by Council during its meeting of May 2014.

· The City of Whittlesea’s Multicultural Policy is an affirmation of Council’s ongoing commitment to the multicultural community it serves.

· The Multicultural Policy ensures Council:

o Recognises and respects the rights of people to maintain their cultural heritage and identity.

o Delivers programs which respond to local needs and support equitable access to services and facilities for people from culturally diverse backgrounds.

Report

Introduction

The City of Whittlesea is one of the most culturally diverse municipalities in Victoria. Our residents come from 130 countries and speak more than 135 different languages. The 2016 Census identified that 35.5% of people in the City of Whittlesea were born overseas.

The City of Whittlesea includes a significant number of residents who settled here as migrants decades ago and a rapidly growing number of new arrivals who have come from different parts of the world in recent years.

Approximately one-third (32.9%) of residents prefer to speak a language other than English at home.

Council acknowledges that there are specific barriers to people from migrant and refugee backgrounds accessing services and participating in civic life. These include language, costs of participation, and low awareness of the service system.

Council is in a unique position to foster social cohesion and to facilitate local community-based solutions. With the support of the Commonwealth and State Governments, Council can contribute to the creation of a multicultural best practice local government model. It can achieve this by providing fair and equitable access to Council services, providing leadership and advocacy across the local government sector, local service provider coordination and support and by creating more opportunities for local multicultural community engagement and participation.

Council’s Multicultural Policy is in line with its commitment as a Refugee Welcome Zone, made in 2002 to welcome refugees, uphold their human rights, demonstrate compassion and enhance cultural and religious diversity. These obligations also closely align with Council’s commitment made on 28 November 2017, to participate in the Welcoming Cities network.

Background

This policy builds on Council’s history of achievements in multicultural affairs and along with the new Multicultural Action Plan will guide Council’s program, service delivery, advocacy, engagement and collaboration with our communities from culturally diverse backgrounds.

In 2001 Council adopted the Access and Equity (A&E) Strategy, which advocated ‘that those residents who are entitles to use Council services and facilities be treated fairly to enable effective access in relation to other users’. Council developed the A&E Strategy to improve participation of people who experience difficulties accessing local services and programs, and to also incorporate specific actions in relation to multiculturalism, disability and discrimination. Building on the strengths of the A&E Strategy, in 2007 Council adopted its inaugural Multicultural Plan, Many faces, one community: Valuing diversity. It focussed on the needs and aspirations of the multicultural community and in particular the strength and value CALD communities bring to the whole municipality.

In 2016 Council endorsed the next Multicultural Action Plan (MAP) 2014-2018 which articulated Council’s commitment to its culturally and religiously diverse community and maintained its leadership position as a local government leader on multiculturalism in Victoria.

The Council together with local community organizations and in partnership with services, delivered a number of successful outcomes including the development of two key policies of Building Respect, Council’s Anti-racism Strategy, and an Asylum Seeker Policy which included the development of Whittlesea Welcomes Asylum Seekers banners, posters and an Asylum Seeker Directory of services. Under the MAP Council delivered cultural competency training, developed community profiles, supervised 30 work ready/experience placements, ran 40 citizenship ceremonies inducting 5331 Australian citizens and signed up to the Welcoming Cities initiative.

MULTICULTURAL POLICY STATEMENT

The Multicultural Policy Statement is an affirmation of Council’s ongoing commitment to the multicultural community it serves.

The City of Whittlesea’s Multicultural Policy Statement

The City of Whittlesea will provide leadership on local multicultural issues and is committed to inclusiveness and engagement with people from culturally diverse backgrounds.

The City of Whittlesea recognises that communities are strengthened by diversity and by embracing multiculturalism. Through promoting, celebrating and respecting diversity we can build a strong, healthy and socially cohesive community that is compassionate and welcoming.

The objectives of the Multicultural Policy are to ensure:

· Council recognises and respects the rights of people to maintain their cultural heritage and identity.

· Programs respond to local needs and support equitable access to services and facilities for people from multicultural backgrounds.

· Local communities are supported to connect and build social cohesion.

· The local multicultural community shares in skills, knowledge and resources through mutually beneficial partnerships.

The Multicultural Policy is informed by the following six Principles:

1. Social Cohesion and Connection

Council aims to build and maintain a socially cohesive community which is welcoming, safe and participating. Council advocates for and actively fosters a harmonious, connected community that recognises its residents’ values and celebrates similarities and differences through mutual respect and understanding.

2. Access, Equity and Inclusion

Council supports equitable access to programs, services and facilities for people from CALD backgrounds.

3. Collaboration and Partnerships

Council facilitates relationships and networks to achieve positive outcomes for the community.

4. Respect for Cultural Heritage

Council recognises and respects the rights of people to maintain their cultural heritage and identify (such as religion, language and customs) within the context of the law.

5. A Place free from Racism

Council supports the development of strong and healthy communities free from discrimination and racism and will make every effort to reduce and prevent racism and its harmful impacts at the individual, organisational and community levels.

6. Council Leadership

Council demonstrates leadership by advocating on behalf of and with the community to the State and Federal Government to promote our diversity as an asset and valuable resource.

Proposal

To endorse the City of Whittlesea’s Multicultural Policy.

Consultation

In developing the policy, more than 7,000 residents’ views were considered through the Whittlesea 2040 data. Targeted consultations were held with 160 individuals from culturally diverse backgrounds including consultations with Whittlesea Multicultural External Reference Group, Whittlesea Interfaith network, Whittlesea Diverse Youth Focussed Network, Whittlesea Multicultural Communities’ Council and the Whittlesea Multicultural Information Network.

Consultations were also held with community service providers who shared their expertise as well as their priorities for the municipality now and into the future.

Research, demographic data, and best practice guidelines were also used to help guide the development of the policy and associated action plan.

Financial Implications

Implementation of the policy can be achieved within current operational budgets.

Policy strategy and legislation

The Multicultural Policy provides policy direction for Council to meet its requirement under the Local Government Act (1989) to build safe, healthy communities and to provide equal access to services and facilities in relation to this section of the community.

The National and State priorities, outlined in the documents below are examples of some frameworks that reinforce the need for this policy. They also support Council’s commitment to build safe, healthy communities and to provide equitable access to services and facilities.

· Australian Racial Discrimination Act 1975

· Multicultural Victoria Act 2011

· Victorian Equal Opportunity Act 2010

· Charter of Human Rights and Responsibilities 2006

· Racial and Religious Tolerance Act 2001

Local priorities

Locally, the Multicultural Policy aligns to:

Whittlesea 2040: A place for all. The City of Whittlesea’s long term-vision which guides all of Council’s work and partnerships with the community and other key stakeholders operating within Whittlesea.

It directly works towards Goal 1: Connected Community.

The work undertaken through this strategy also intersects with the three other Goals:

· Goal 2. Liveable Neighbourhoods

· Goal 3. Strong Community

· Goal 4. Sustainable Environment.

The policy also aligns to Council’s:

· Building Respect: Whittlesea’s Anti-Racism Strategy (2015-19)

· Community Building Policy and Strategy 2020

· Thriving Children, Young People and Families Strategy 2020

· Aboriginal Reconciliation Policy 2017

· Active Whittlesea Strategy 2019 - 2028

· Asylum Seeker Policy 2015

link to strategic risks

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

The policy provide Council with a framework to ensure our services are accessible, responsive and culturally appropriate.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Connected community

Key Direction A socially cohesive community

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 Multicultural Policy is an affirmation of Council’s ongoing commitment to the multicultural community it serves.

The Multicultural Policy aims to ensure Council recognises and respects the rights of people to maintain their cultural heritage and identity and ensure programs respond to local needs and support equitable access to services and facilities for people from culturally diverse backgrounds.

RECOMMENDATION

THAT Council resolve to endorse the City of Whittlesea’s Multicultural Policy.

TENDERER	CONFORMING	COMPETITIVE	SCORE	RANK
MACA Infrastructure Pty Ltd	Yes	Yes	92.00	1
Tenderer B	Yes	No	79.80	2
Tenderer C	Yes	No	NA
Tenderer D	Yes	No	NA
Tenderer E	Yes	No	NA
Tenderer F	No	NA	NA
Tenderer G	Yes	No	NA
Tenderer H	No	NA	NA
Tenderer I	Yes	No	NA

TENDERER	CONFORMING	COMPETITIVE	SCORE	RANK
Tenderer A Fortunato Group Pty Ltd	Yes	Yes	89.3	1
Tenderer B	Yes	Yes	86.1	2
Tenderer C	No	Yes	NA
Tenderer D	No	Yes	NA
Tenderer E	Yes	No	NA
Tenderer F	Yes	No	NA

Key Direction	Major Initiative	19/20 Action (Annual measure/s)	Q2 Milestone Oct - Dec 2019	Q2 Comments
A healthy and safe community	Addressing financial vulnerability - increase community understanding of financial hardship and advocate for better access to services	Financial Advocacy Plan developed by 31 March 2020 detailing trends in financial vulnerability in the local context and emerging issues. The Plan will inform advocacy and engagement with key service providers.	Key stakeholders (community and sector) consulted to inform Financial Vulnerability Advocacy Plan.	Stakeholder consultations to inform the Financial Vulnerability Advocacy Plan have been completed in quarter 3.
A healthy and safe community	Building inclusive sporting environments -increase participation particularly for women and girls and develop guidelines and processes to encourage greater community access	Sports Facilities Management Guidelines to create more inclusive sporting environments developed by 30 June 2020.	Options paper for sports club’s fees and charges and types of occupancy agreements disseminated to key stakeholders.	This paper is on track to be disseminated in Q3.
A healthy and safe community	Improving safety outcomes - achieving better safety outcomes by applying a risk-based approach to regulatory issues	Council has considered the Regulatory Framework for adoption by 30 June 2020.	The first draft of the Regulatory Framework has been developed.	Workshops with all relevant departments are scheduled for quarter 3 to engage all teams in developing the draft framework. The overall project is on track for Council's consideration by the end of financial year.
A participating community	Local area community planning - explore the feasibility and process for developing place-based community plans across the 13 precincts in the City of Whittlesea	Phase 1- Framework developed to guide local community planning.	Resources developed to commence local community planning.	Preliminary work has commenced, discussion paper completed and project control group to meet in January 2020 to approve pilot model. Project control group unable to meet at scheduled time due to internal changes.
Well-designed neighbourhoods and vibrant town centres	Improve established town centres - make retail centres and activity centres in our existing town centres more attractive, particularly through traffic management and street scaping	Successful delivery of all 2019/20 Town Centres Improvement Program on time and on budget.	Tender for construction issued for the program.	Tender is ready to be issued in quarter 3. Annual measure is on track to be completed by 30 June 2020.
Well-designed neighbourhoods and vibrant town centres	Improve the City's buildings and accessibility - better access to public buildings and toilets	Successful delivery of annual Public Buildings Accessibilities upgrades program on time and budget.	Works program developed identifying works to be undertaken within the 2019/20 Year.	Appropriate works being identified for 2019/20 is in progress.

Ordinary Council Agenda Tuesday 7 April 2020

6.5.2 Assemblies of Councillors - 7 April 2020

Responsible Officer: Manager Governance

Author: Governance Officer

recommendation summary

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

key facts and/or issues

To report to the Administrator the records of Assemblies of Councillors in accordance with Section 80A(2) of the Local Government Act 1989.

Report

Background

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

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

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

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

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

Proposal

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

Assembly Details	Councillor attendees	Officer attendees	Matters discussed
City of Whittlesea Australia Day Committee 10 February 2020	Cr Sterjova (Mayor) Cr Desiato (Deputy Mayor)	GO	1. Minutes from the meeting held 18 December 2019 were confirmed. 2. Welcome new Committee Members – Ray Rosales (2020 Senior Citizen of the Year), Dalal Sleiman (2020 Access and Inclusion Citizen of the Year) and Vivian Ly (2020 Young Citizen of the Year). 3. General Business a. Feedback from 26 January 2020 Awards Ceremony. b. Suggestions regarding the 2021 Awards Ceremony. c. Ideas regarding promotion of 2021 Award Nominations. d. Feedback regarding the Australia Day Public Event. e. Recognition of Ceasing Committee Members – Darren Peters (2018 Citizen of the Year), Kylie Carlson (2018 Access and Inclusion Citizen of the Year) and Bruce Batten (2018 Community Group of the Year – Wollert Fire Brigade Representation). Nil disclosures
Whittlesea Disability Network Meeting 18 February 2020	Cr Sterjova (Mayor) Cr Lalios	CSAO CSO CSPO DCS PGA SPPMO TLA TLC	1. Welcome, Acknowledgement of Traditional Owners. 2. Introductions and Apologies. 3. Declarations of Interest. 4. Minutes of Previous Meeting. 5. Business arising from the Minutes: a. Norris Bank Reserve Visit. 6. Community Capacity Building Funding. 7. Information Exchange and NDIS Open Conversation: a. Update from BSL NDIS. b. Other information sharing. c. Portable assisted hearing device. d. State Disability Plan. 8. Support for Carers Program Update (SCP). 9. Live streaming protocol consultation. 10. All abilities play space naming. 11. Rehab vs Respite. 12. Action items. Nil disclosures
Councillor Briefing 18 February 2020	Cr Sterjova (Mayor) Cr Alessi Cr Cox Cr Joseph Cr Kelly Cr Kozmevski Cr Monteleone Cr Pavlidis	CEO-A DCRS DCS DCTP DPPE MCAP MMP TLBS TLFS	1. Council Action Plan 2020/21 Development – Full Report. 2. 2020/21 Proposed Budget. External attendee: Yehudi Blacher - State Government Appointed Monitor Nil disclosures
Councillor Briefing 25 February 2020	Cr Desiato (Deputy Mayor) Cr Alessi Cr Joseph Cr Kelly Cr Kozmevski Cr Monteleone Cr Pavlidis	CEO-A DCRS DCS DCTP DPPE MCCD MCSA MRPFM MSPD SP SSP TLACD TLEP	1. Street Activities Policy. 2. Draft Whittlesea Township Strategy – Community Consultation. 3. Multicultural Policy. 4. Council Properties Review. External attendee: Yehudi Blacher - State Government Appointed Monitor Nil disclosures
Whittlesea Youth Advisory Committee Meeting 2 March 2020	Cr Sterjova (Mayor) Cr Desiato (Deputy Mayor) Cr Monteleone	DCS MFCYP TLYS YDO YDOW	1. Official Welcome to Country. 2. Statement of Purpose. 3. Apologies and introductions of Committee Members and Official Opening of Meeting. 4. Endorsement of Committee Charter. 5. Voting in of Co-Chairperson. 6. Youth Grants Program. 7. Discussion topics: a. Young people’s access to and participation in sport; and b. Youth mental health – access to support systems and services. 8. Recap on decisions and actions. 9. Updates and other business. Nil disclosures

Assembly Details

Councillor attendees

Officer attendees

Matters discussed

City of Whittlesea Australia Day Committee

10 February 2020

Cr Sterjova

(Mayor)

Cr Desiato

(Deputy Mayor)

1. Minutes from the meeting held 18 December 2019 were confirmed.

2. Welcome new Committee Members – Ray Rosales (2020 Senior Citizen of the Year), Dalal Sleiman (2020 Access and Inclusion Citizen of the Year) and Vivian Ly (2020 Young Citizen of the Year).

3. General Business

a. Feedback from 26 January 2020 Awards Ceremony.

b. Suggestions regarding the 2021 Awards Ceremony.

c. Ideas regarding promotion of 2021 Award Nominations.

d. Feedback regarding the Australia Day Public Event.

e. Recognition of Ceasing Committee Members – Darren Peters (2018 Citizen of the Year), Kylie Carlson (2018 Access and Inclusion Citizen of the Year) and Bruce Batten (2018 Community Group of the Year – Wollert Fire Brigade Representation).

Nil disclosures

Whittlesea Disability Network Meeting

18 February 2020

Cr Sterjova

(Mayor)

Cr Lalios

CSAO

CSO

CSPO

DCS

PGA

SPPMO

TLA

TLC

1. Welcome, Acknowledgement of Traditional Owners.

2. Introductions and Apologies.

3. Declarations of Interest.

4. Minutes of Previous Meeting.

5. Business arising from the Minutes:

a. Norris Bank Reserve Visit.

6. Community Capacity Building Funding.

7. Information Exchange and NDIS Open Conversation:

a. Update from BSL NDIS.

b. Other information sharing.

c. Portable assisted hearing device.

d. State Disability Plan.

8. Support for Carers Program Update (SCP).

9. Live streaming protocol consultation.

10. All abilities play space naming.

11. Rehab vs Respite.

12. Action items.

Nil disclosures

Councillor Briefing

18 February 2020

Cr Sterjova

(Mayor)

Cr Alessi

Cr Cox

Cr Joseph

Cr Kelly

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

CEO-A

DCRS

DCS

DCTP

DPPE

MCAP

MMP

TLBS

TLFS

1. Council Action Plan 2020/21 Development – Full Report.

2. 2020/21 Proposed Budget.

External attendee:

Yehudi Blacher - State Government Appointed Monitor

Nil disclosures

Councillor Briefing

25 February 2020

Cr Desiato

(Deputy Mayor)

Cr Alessi

Cr Joseph

Cr Kelly

Cr Kozmevski

Cr Monteleone

Cr Pavlidis

CEO-A

DCRS

DCS

DCTP

DPPE

MCCD

MCSA

MRPFM

MSPD

SSP

TLACD

TLEP

1. Street Activities Policy.

2. Draft Whittlesea Township Strategy – Community Consultation.

3. Multicultural Policy.

4. Council Properties Review.

External attendee:

Yehudi Blacher - State Government Appointed Monitor

Nil disclosures

Whittlesea Youth Advisory Committee Meeting

2 March 2020

Cr Sterjova

(Mayor)

Cr Desiato

(Deputy Mayor)

Cr Monteleone

DCS

MFCYP

TLYS

YDO

YDOW

1. Official Welcome to Country.

2. Statement of Purpose.

3. Apologies and introductions of Committee Members and Official Opening of Meeting.

4. Endorsement of Committee Charter.

5. Voting in of Co-Chairperson.

6. Youth Grants Program.

7. Discussion topics:

a. Young people’s access to and participation in sport; and

b. Youth mental health – access to support systems and services.

8. Recap on decisions and actions.

9. Updates and other business.

Nil disclosures

The table below represents an Index of Officer titles:

Initials	Title of Officer	Initials	Title of Officer
CEO-A	Acting Chief Executive Officer – Kelvin Spiller	MSPD	Manager Strategic Planning and Design – George Saisanas
CSAO	Customer Service Administrative Officer – Kayla Mountjoy	PGA	Principal Governance Advisor – Angelo Mamatis
CSO	Customer Service Officer – Ibrahim Elsoukmani	SP	Strategic Planner – Fiona Ryan
CSPO	Carer Support Program Officer – Trina Laffy	SPPMO	Senior Parks Project Management Officer – Katelin Smith
DCRS	Director Corporate Services – Amy Montalti	SSP	Senior Strategic Planner – Liam Wilkinson
DCS	Director Community Services – Belgin Besim	TLA	Team Leader Access – Stephen Bell
DCTP	Director City Transport and Presentation– Helen Sui	TLAC	Team Leader Aboriginal and Cultural Diversity – Nick Butera
DPPE	Director Partnerships, Planning and Engagement – Julian Edwards	TLBS	Team Leader Business Support – Rod Cann
GO	Governance Officers – Felicity Maddern and Diana Vukic	TLC	Team Leader Communications – Heather Crosling
MCAP	Manager Corporate Accountability and Performance – Frank Joyce	TLEP	Team Leader Engagement and Prevention – Steve Burgess
MCCD	Manager Community Cultural Development – Rachel Francis	TLFS	Team Leader Financial Services – Allan Cochrane
MCSA	Manager City Safety and Amenity – Debbie Blandford	TLYS	Team Leader Youth Services – Khan Churchill
MFCYP	Manager Family, Children and Young People – Wendy Castles	YDO	Youth Development Officer – Jansu Gaz
MMP	Manager Major Projects – Nick Mazzarella	YDOW	Youth Development Officer Wellbeing – Liz Wyndham
MRPFM	Manager Rates, Property and Facilities Management – Gino Mitrione

Consultation

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

Financial Implications

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

Policy Strategy and Legislation

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

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

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

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

link to strategic risks

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

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

Links to whittlesea 2040 and the CoUNCIL Plan

Goal Enabling the vision

Key Direction Making it happen

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

Declarations of Conflicts of Interest

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

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

CONCLUSION

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

Recommendation

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

Criteria	Weighting
Price	60%
Capability	15%
Capacity	20%
Impact	5%

Criteria	Weighting
Price	60 %
Capability	10 %
Capacity	20 %
Impact	10 %