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Minutes

 

OF Scheduled
COUNCIL MEETING

HELD ON

Tuesday 6 October 2020

AT 3.02pm

meeting held remotely

via zoom


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                                  CHAIR OF ADMINISTRATORS

THE HON. BRUCE BILLSON           ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government, Daniel Andrews appointed the Panel of Administrators for the City of Whittlesea and appointed Lydia Wilson as Chair of the Panel.  The Panel of Administrators comprises of Ms Lydia Wilson, The Honourable Bruce Billson and Ms Peita Duncan and they will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.PEITA DUNCAN                                ADMINISTRATOR

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

 

 

SENIOR OFFICERS

 

 

JOE CARBONE                                 ACTING CHIEF EXECUTIVE OFFICER

BELGIN BESIM                                  DIRECTOR COMMUNITY SERVICES

JULIAN EDWARDS                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

BEN HARRIES                                   DIRECTOR CITY TRANSPORT & PRESENTATION

AMY MONTALTI                                DIRECTOR CORPORATE SERVICES

MICHAEL TONTA                              MANAGER GOVERNANCE

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

 

ORDER OF BUSINESS

 

The Acting Chief Executive Officer submitted the following business:

 

1.            Opening.. 9

1.1         MEETING OPENING AND PRAYER.. 9

1.2         ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT.. 9

1.3         Present.. 9

1.4 ACKNOWLEDGEMENT OF SERVICE OF ACTING CEO, JOE CARBONE………………………………………………………………………...….9

2.            Apologies.. 10

3.            Declarations of Interest.. 10

4.            Confirmation of Minutes of Previous Meeting.. 11

5.            Questions, Petitions and Joint Letters.. 11

5.1         Questions To ADMINISTRATORS.. 11

5.1.1       Impact of COVID-19 on City of Whittlesea Unemployment  11

5.2         Petitions.. 13

5.2.1       request for  assistance with parking arrangements on  Ferraro Close, Epping. 13

5.3         Joint Letters.. 13

Nil Reports.. 13

6.            Officers’ Reports.. 13

6.1         Executive Services.. 15

6.1.1       COVID-19 Update on Key Issues - October 2020. 15

6.1.2       Governance arrangements under Administrators - First six months.. 25

6.1.3       Assemblies of Administrators - 6 October 2020. 43

6.1.4       Instruments of Appointment and Authorisation for Planning Enforcement Officers.. 49

6.1.5       Review of Council's Public Question Time Policy.. 57

6.1.6       Procedural Matters Local Law... 67

6.1.7       Request for Boundary Change of a Locality – 182 Greenhills Road, Thomastown.. 83

 

6.2         Partnerships, Planning & Engagement.. 121

6.2.1       AUTHORISATION FOR THE COMMENCEMENT OF A PLANNING SCHEME AMENDMENT FOR THE APPLICATION OF A PUBLIC ACQUISITION OVERLAY IN THE MERNDA STRATEGY PLAN AREA.. 121

6.2.2       APPROVAL OF 80 MCARTHURS LANE AND 25 HUNTERS ROAD, SOUTH MORANG DEVELOPMENT PLAN.. 143

6.2.3       Application for multi lot subdivision, construction of 12 dwellings on a lot, native vegetation removal (including removal of three (3) River Red Gums) and creation of easements and reserves - 104-110 Schotters Road Mernda - 719072. 195

6.2.4       APPLICATION FOR EXTENSION OF TIME FOR PERMIT FOR THE INSTALLATION OF 40 ELECTRONIC GAMING MACHINES AT THE COMMERCIAL HOTEL 820 PLENTY ROAD SOUTH MORANG.. 279

6.3         Community Services.. 287

Nil Reports.. 287

6.4         City Transport and Presentation.. 289

6.4.1       Outcomes of Tree Petition Investigations, Campus Place, Thomastown.. 289

6.5         Corporate Services.. 293

6.5.1       Management & Operation of Mill Park Leisure Centre & Whittlesea Swim Centre - Tender Evaluation.. 293

7.            Notices of Motion.. 299

Nil Reports.. 299

8.            Questions to Officers.. 299

9.            Reports from Delegates Appointed by Council to Other Bodies.. 300

10.         Urgent Business.. 302

10.1        uRGENT bUSINESS - yAN YEAN ROAD UPGRADE EeS SUBMISSION   302

11.         confidential Business.. 3022

11.1       Executive Services.. 319

Nil Reports.. 319

11.2       Partnerships, Planning & Engagement.. 319

Nil Reports.. 319

11.3       Community Services.. 319

Nil Reports.. 319

11.4       City Transport and Presentation.. 319

Nil Reports.. 319

11.5       Corporate Services.. 319

Nil Reports.. 319

11.6       Notices of Motion.. 319

Nil Reports.. 319

12.         Closure.. 319

 

 

Note:

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

 

 

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Acting Chief Executive Officer opened the meeting with a prayer at 3.02PM.

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Administrators, Lydia Wilson read the following statement:

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

I would also like to personally acknowledge Elders past, present and emerging.”

1.3       Present

Members:

Ms Lydia Wilson                  Chair of Administrators

The Hon. Bruce Billson        Administrator

Ms Peita Duncan                 Administrator

Officers:

Mr Joe Carbone                  Acting Chief Executive Officer

Ms Belgin Besim                  Director Community Services

Mr Julian Edwards               Director Partnerships, Planning & Engagement

Mr Ben Harries                    Director City Transport & Presentation

Ms Amy Montalti                 Director Corporate Services

Mr Michael Tonta                Manager Governance

1.4       ACKNOWLEDGEMENT OF SERVICE of acting Ceo, Joe carbone

The Chair of Administrators, Lydia Wilson read the following statement:

“I would like to formally note that this is the final Council meeting for our Acting CEO Mr Joe Carbone. I wish I were able to stand next to Mr Carbone and express my gratitude in person for all he has done at Whittlesea. But unfortunately, it is not possible to do so in the current circumstances.

 

Instead, I would virtually like to say a few words to acknowledge the huge contribution that he has made. Mr Carbone commenced his time with the City of Whittlesea on the 2nd of March 2020, which I know for him must seem an eternity ago.

 

The week Mr Carbone commenced, he had a Council meeting, an Audit and Risk Committee meeting, a Municipal Monitor was in place, and then a few weeks later on 20 March 2020, the Council was dismissed. I was then appointed as the Interim Administrator, followed by a Panel of Administrators in mid-June.

 

Mr Carbone took this all in his stride, as he always does. He provided great stability to the organisation but also leadership, vision and a very clear sense of direction. And this was so needed, not only due to the recent Council turbulence but also to lead the organisation through our response to COVID-19.

 

He has provided myself and my colleagues on the Panel of Administrators with frank and fearless advice and endless support.  The way in which not only we the Administrators, but also the staff, would describe Mr Carbone is as calm and considered.

 

Mr Carbone poses the ultimate professional work ethic. He will tackle any problem head-on no matter how difficult. He was prepared to embrace the role of CEO in full, providing not only strategic leadership, but also making a number of crucial organisational changes that are going to stand the City of Whittlesea in good stead into the future.

 

Importantly for the Administrators, Mr Carbone has a great community focus, always striving to improve our customer service and responsiveness to the needs of our community.

 

Finally, he has proven himself to be a reliable, resilient, caring, compassionate, dedicated, consistent and perceptive leader.  He has provided us all with optimism for the future and will be leaving the City of Whittlesea a much more stable and hopeful organisation than before. That's quite a wonderful legacy for just seven months.

 

We will no doubt have many other opportunities to acknowledge and congratulate the efforts of Mr Carbone, and hopefully some of those will be in person in the near future. But, on behalf of the Administrators and also staff, thank you again for everything you've done and continue to do for the City of Whittlesea.”

2.         Apologies

 

            Nil

3.         Declarations of Interest

Administrator Billson declared a conflicting personal interest in Item 6.5.1 Management & operation of Mill Park Leisure Centre & Whittlesea Swim Centre - tender evaluation. Administrator Billson declared a conflicting personal interest on the basis he is a Director on a Board of an unrelated organisation along with the CEO of one of the organisations that made a submission for the management of the Mill Park Leisure Centre and Whittlesea Swim Centre.

COUNCIL RESOLUTION

Moved:                       Administrator Wilson

Seconded:               Administrator Duncan

 

THAT Administrator Billson be exempted from voting on Item 6.5.1 Management & operation of Mill Park Leisure Centre & Whittlesea Swim Centre – tender evaluation,  due to a conflicting personal interest.

Carried


4.         Confirmation of Minutes of Previous Meeting

COUNCIL RESOLUTION

Moved:                       Administrator Duncan

Seconded:               Administrator Billson

 

THAT the following Minutes of the preceding meetings, as circulated, be confirmed:

Ordinary Meeting of Council held 1 September 2020; and

Additional Meeting of Council held 7 September 2020

Carried

 

5.         Questions, Petitions and Joint Letters

5.1       Questions To ADMINISTRATORS

5.1.1    Impact of COVID-19 on City of Whittlesea Unemployment

NICK BRAIN: 

Council in its September meeting acknowledged local unemployment was as follows as of June:

·         Epping South (13.1%)

·         Wollert (12.9%)

·         Thomastown (12.7%)

·         Lalor (12.7%)

In April, Council publicly described its 2020/21 budget as balanced, with a nominal estimated surplus. Will Council now consider abandoning its focus on running a balanced budget, and use its 2020/21 budget to prioritise measures that will promote an ambitious local jobs strategy?

ACTING CEO, JOE CARBONE:

Our financially sustainable position as detailed in the Annual Budget 2020-21 enables Council to respond to emergencies that affect the community as they arise while delivering services and facilities that meet the needs of the community.

We will not have a comprehensive understanding of the full impact of the pandemic for many months.

However, we are supporting our community in a number of ways.

These include:

·      Partnering with the State Government to create an additional 264.2 full time equivalent positions through its Working for Victoria program within our municipality.

·      In September, Council allocated an additional $1 million to relief efforts to further support further community and local businesses through to the end of 2020.

·      This includes business grants to help our local businesses adapt and thrive. Other initiatives are in progress such as an online business directory, a series of webinars, and the establishment of a business advisory forum in the coming months.

 

·      We have also been able to bring forward several infrastructure projects that will create local jobs.

·      In the 2020-21 budget, we have allocated $2 million to the Community Recovery Fund and will work in close partnership with the community to determine how that money is best spent to support our recovery efforts early in the new year.

·      Council continues to assess pandemic impacts on the community and find new ways to provide support.

·      Finally, I am aware that the Administrators have clearly indicated in their 6 month report to Council, which is being discussed at this Council meeting, that a key priority for them is strategic leadership and advocacy. Economic development and local employment is part of this commitment.

 

The mid-year budget review will be undertaken in January 2021. This will identify the financial impact of the pandemic on Council’s operations in the first half of the financial year and any operational savings that may be available to provide further services or support to the community. A report detailing the outcome of the mid-year budget review will be provided for Council’s consideration at the March 2021 Ordinary Council Meeting.

 

Thank you for your question. You will be provided with a written response within the next week.

 

The answers provided verbally by the Acting Chief Executive Officer at the meeting in response to questions asked by members of the public are preliminary answers provided on a without prejudice basis.  A formal written response to each question is sent following the Council meeting which contains Council’s official position on the matter.

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

5.2       Petitions

5.2.1    REQUEST FOR ASSISTANCE WITH PARKING ARRANGEMENTS on Ferraro Close, Epping.

Administrator Billson tabled a petition from 10 residents of  Ferraro Close, Epping seeking assistance with parking arrangements in their Close.

Moved:                       Administrator Billson

Seconded:               Administrator Duncan

THAT Council resolve to receive the petition and that the CEO arrange for Officers to meet with the petitioners to discuss their concerns regarding parking in Ferraro Close.

CARRIED

 

 

5.3       Joint Letters

            Nil Reports 

6.         Officers’ Reports

Acting Chief Executive Officer Explanatory Note

Under the Governance Rules 2020, Administrators are to be provided an opportunity to speak regarding each of the reports contained within the Agenda, without the need to indicate opposition for the purpose of debate.

 

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1       Executive Services

6.1.1      COVID-19 Update on Key Issues - October 2020  

Responsible Officer:           Acting Chief Executive Officer

 

The COVID-19 Update was provided verbally by the Acting Chief Executive Officer at the 6 October 2020 Scheduled Council meeting. The contents of the report were circulated to the Panel of Administrators prior to the meeting and is as follows:

CONTEXT

Metropolitan Melbourne remained under Stage 4 COVID-19 restrictions throughout the entire month of September. While Council supports the State Government’s Roadmap to COVID Normal, the on-going restrictions on people’s movements and business operations continues to impact our community in many ways.

 

During September, Council conducted a number of surveys to find out how our community is being impacted, with results guiding our response to the pandemic.

 

The COVID-19 Community Impact Survey received 623 responses. It showed that the pandemic had negatively impacted the mental health of two in three people living in the City of Whittlesea and 33 per cent of responders were stressed about finances.

 

In April, a COVID-19 Hardship Policy was introduced to provide residents, groups, clubs and businesses experiencing hardship to apply for a payment plan and deferral of rates, fees and charges. Council has received 162 applications, of which 121 have been approved.

 

Council has been developing many community connection activities to keep the community engaged. These range from craft activities and online workshops to connecting people via online chat groups as a way of reducing feelings of isolation and loneliness.

 

Our Aboriginal community is experiencing social isolation, particularly youth and elders. Council has employed two Aboriginal Support Workers through the Working for Victoria initiative to actively engage our Aboriginal community. During September, two newsletters with information about support services, testing locations, opportunities to engage with Council and other health related matters were produced and distributed.

 

Access to food and other essential items was also raised in the Community Impact Survey as a worry for our residents. Council provided a further $300,000 to its Emergency Relief Fund, which was launched in April 2020. This further allocation of funds takes the total amount for the Emergency Relief Fund to $500,000. There is approximately $175,000 remaining.

 

The funds are available to non-government support services providing essential items direct to the community. In September, 11 organisations were funded, totalling $124,746.18.  Most of these organisations provide food hampers to people in need. Others provide essential items such as toiletries and clothing and one organisation focuses solely on supporting families with children in need of formula, nappies, cots and prams.

 

The $80,000 Community Group Support Grant Program closed on 18 September and will provide up to $2,000 to assist community groups to reconnect. Council is assessing 27 applications with announcements imminent.

 

The Reconnection Grant Program is open until 16 October and will provide up to $5,000 to support community projects and events focused on community reconnection as restrictions are lifted.

 

While Council does not directly provide mental health services, local providers are continuously promoted on the website, social media channels, newspaper adverts and via community facing staff.

 

Council is currently collating results from the COVID-19 Business Impact Survey, which collected information from nearly 300 businesses between June and September 2020.

 

Hospitality, food, beauty and retail businesses have certainly been hit hard during the pandemic, but September was been significantly difficult for all businesses not identified as essential. Local businesses continue to report concerns about financial viability and the impact of the state roadmap on operations. Unfortunately, 13 food, health or beauty premises closed in September, bringing the total business closure to 85 since the pandemic commenced in March 2020.

 

To support local businesses, Council hosted a series of webinars led by industry experts and attended by the Panel of Administrators to provide valuable and practical information. The series included a presentation about negotiating rent relief led by the Commissioner for Small Business and introduced by Administrator The Hon Bruce Billson; running a home-business led by Small Business Experience - Australian Taxation Office Linden Regina and introduced by Chair, Panel of Administrators, Ms Lydia Wilson; and local businesswoman Samantha Tupper led a discussion about moving your business online that was introduced by Administrator Ms Peita Duncan.

 

A $500,000 Business Relief and Resilience Program was announced at the September Council Meeting. As part of this economic support package, Council opened its Business Assistance Grants on 11 September. At the end of the month, nearly 100 applications had been received with a further 80 pending.  It was very pleasing to see a strong response to the grants, which have now closed due to the overwhelming response and the allocation of funds exhausted. Council has waived new and existing footpath trading permits and is working with food businesses to explore options that will allow restaurants and cafes to extend their outdoor trading space over summer. Insights from the Business Impact Survey will help inform further support packages for local businesses.

 

Council has also developed the COVID Snapshot (CSNAP) survey tool that collects anecdotal observations from community-facing staff at the City of Whittlesea.  During September, this survey showed sports clubs were concerned about lost opportunities for fundraising during the pandemic that has left them financially vulnerable. Council has provided 16 sports clubs with and emergency grant, totalling more than $20,000 and waived all fees for winter sports clubs.

 

CSnap also showed that young people who normally use skate parks are feeling isolated and trapped under current restrictions. This is causing stress for parents who are struggling to keep their children engaged inside the home, particularly on weekends and during school holidays.

 

Council immediately opened playgrounds when changes to restrictions came into effect on Monday 14 September. It is hoped that the next round of easing restrictions will include opening outdoor activities such as skate parks. Council will ensure these open as soon as it is announced.

 

Council continues to track the impacts across the City of Whittlesea and respond with relief actions in the areas where they are most needed.

COUNCIL SUPPORT

In September, Council focused on planning changes to services in accordance with the State Government’s Roadmap to Recovery and on continuing to coordinate and support response and relief activities. These include:

COMMUNITY IMPACTS

On jobs and our economy

COVID-19 continues to hit our community hard with a forecast loss of 3,199 local jobs in the September Quarter - a fall of 4.4 per cent compared with the same quarter last year. Without JobKeeper, 11,725 local jobs would have been lost. Recent ABS data shows that the unemployment rate rose from 5.8% to 7.7% in the North East Melbourne region between June and August. Women were heavily impacted, with unemployment rising from 4.9% to 8.3% for women compared to 6.5% to 7.2% for men.

 

In September, 13 food or health and beauty premises closed permanently. There were 15 permanent closures in August. The retail, hospitality and entertainment sectors remain under restrictions until metropolitan Melbourne moves to Step 3 of the Roadmap, which is currently flagged for 19 October. Until then, 344 hair and beauty premises in the City of Whittlesea remain temporarily closed and 1,386 food premises in the municipality are restricted to take away food only.  Local businesses continue to be concerned about long term viability and the potential impact of changing operating environments at short notice under the State Government’s Roadmap to Recovery.

On our vulnerable community

Local services continue to report increased demand for emergency food relief, essential items and mental health support. People on low incomes, international students, those in unstable accommodation and those who were already unemployed or have lost employment during the pandemic are particularly vulnerable to food insecurity and financial hardship.

The gradual rolling back of the Coronavirus Supplement from 24 September will see the income of around 2 million Australians reduced by $300 a fortnight, which is anticipated to lead to increased demand for housing support and emergency relief.

Stage four lockdowns have impacted all residents, with many experiencing increased feelings of social isolation and poor mental health. In a recent survey of 623 community members, 9 out of 10 people told us their social connections have been negatively impacted during stage four lockdowns and 3 out of 5 people feel less connected to their community. Two in three residents reported their mental health has been negatively impacted.

COUNCIL RESPONSE

Services

Council has continued to deliver services with appropriate modifications in place and commenced planning for changes to services in accordance with the State Roadmap for Recovery. Essential community-facing services like Home Support have been maintained with support from redeployed Council staff. Any staff required to travel for work were provided with updated Worker Permits. Many services continue to be provided online or over the phone, including maternal and child health appointments, building and planning services and youth support.

 

In line with the State Roadmap, Council reopened public playgrounds on 14 September and supported Yarra Plenty Regional Library to recommence Click and Collect services from 17 September.  Services that will resume as part of the second step from 28 September include family day care, sessional kindergarten, school parking patrols, the spring planting program and a public organic and garden waste facility in Epping.

 

Council offices and community centres remain closed to the public and most staff continue to work from home.  Council is preparing to open customer service centres at the Civic Centre and Westfield Plenty Valley in line with Step 3 of the State Roadmap.

 

Emergency relief

 

Council allocated an additional $300,000 to the Emergency Relief Fund in September in response to on-going need in the community for emergency food relief and other essential items. In September, 21 financial and 7 in-kind requests were received from 19 non-government organisations and community support groups so they could continue to provide emergency relief.  Thirteen financial requests from 11 organisations were funded in September, totalling $124,746.18.

 

Council also provided in-kind support to five organisations in the form of facilitating:

·         training for an organisation on how to assist suicidal community members

·         the use of a Council facility to store and pack emergency food relief

·         the donation of goods between emergency relief providers

·         information and support for a university to support international students living on campus.

 

In total, 164 requests have been received from 46 organisations since 6 April 2020.  Nineteen organisations have received financial support, totalling $259,522.18.

 

Creating jobs

 

Council has continued to employ roles funded through Working For Victoria at Council and into local frontline service providers. In September, a further 74 roles were filled, with 45 being deployed within Council departments (111 in total), and 29 roles within local service providers (70 in total).  A further 96 roles are being recruited.

 

 

 

 

 

Business support

 

Supporting our local business community continues to be a priority.  During September, Council established a $500,000 Business Relief and Resilience Program to support local businesses experiencing financial hardship with grants of up to $5,000.  Council received 148 applications to its Business Assistance Grant program from local businesses, illustrating the strong need for financial support in our local business community.  These are now being assessed and Council looks forward to promoting the excellent initiatives being proposed by our local businesses who are adapting their operations.

 

The $30,000 Economic Development Community Grants Program has also just closed. This funding will assist businesses to move online or to increase their social impact.

 

Council has also supported local businesses through:

·         Launching ‘Whittlesea Localised’, an online Business Directory to promote local businesses, opportunities and good news stories

·         Launching the ‘Still Here 4 U’ campaign, which will inject $10,000 into the community through a competition where residents win vouchers for local businesses

·         Waiving fees for new and existing footpath trading permit holders until September 2021

·         Supporting businesses to expand footpath trading area into neighbouring properties, if feasible and permitted.

 

Many local businesses also continue to receive support under Stage 1 of the $90,000 Business Support Package launched in April. This included a three-month Business Development Program, dedicated business support line, mentoring and local promotional campaigns.

 

Council has also recently been informed it will receive funding under the State Government Outdoor dining and entertainment package. With this funding, Council will support local businesses to transition to outdoor dining in accordance with the State Roadmap and ensure outdoor dining locations are safe and practical.

 

Economic stimulus grants

 

Council was awarded $2,452,500 of a possible $2.5 million to fund five projects under the State Government’s 20/21 Growing Suburbs Fund:

 

Council is awaiting the outcome of approximately ten grant applications to support infrastructure projects that will create local jobs and help our community recover from the pandemic. The return of bond monies was expedited for business owners who have implemented landscaping in accordance with approved plans. A further 26 bonds were returned in September, totalling $75,800 (108 bonds in total since 6 May, totalling $388,447).

 

Financial support

 

In September, Council received an additional 25 hardship applications via the COVID-19 Hardship Policy, and 20 were approved. A total of 162 hardship applications have been received since 6 April.

 

A $50,000 Sports Club Emergency Grants program remains open for clubs to apply for up to $1,000 to cover out-of-pocket expenses. To date, 16 (+4 in September) applications have been approved, totalling $20,704.25. Rent, fees and charges to winter sports clubs and community groups that lease Council’s community centres have also been waived.

 

Community connection

 

Council has continued to roll out new projects that connect the community through arts, culture and creativity through September.  A new City of Whittlesea Arts website was launched to showcase Council’s public and visual art collections, promote our local creative community and provide opportunities for networking and collaboration. Since going live on 1 September, the website has been viewed around 4,400 times.

 

The ‘One Shot at a Time’ project invites community members to film one short video clip responding to a daily theme each day for 30 days. At the conclusion of the project, videos will be compiled into a large showpiece community film. More than 50 videos have been contributed to date. Residents are also being invited to join a virtual community choir in place of the annual community choir performance at Council’s Christmas carol event. The community choir will rehearse together online and perform a series of songs that will be live streamed on the Whittlesea Arts website and social media on 11 December.

 

Planning is underway for the 20/21 Festival and Events season, which will deliver a flexible and COVID-Safe program of small local events spread throughout the municipality, including real-world and online activities and event to celebrate Children’s Week in late October, a summer series of local outdoor events, a travelling festival of caravans and local heritage and public art walks. Two refocused Community Grants Programs closed in September. Eighteen community groups and sporting clubs were funded up to $1,000 each under the Equipment Grant Program for equipment purchases and operational costs. Twenty-seven applications were received for the $80,000 Community Group Support Grant Program and are currently being assessed.

 

The Reconnection Grant Program is also open until 16 October and will provide up to $5,000 to support community projects and events focused on community reconnection as restrictions are lifted.  To assist our young people to remain connected and supported during this crisis, Council will deliver a Wellbeing Forum and an 8-week Transition to Adulthood Program to school students and during Term 4. 

 

Council is also working with Study Melbourne and our local tertiary institutions to establish an online International Student Wellbeing Hub, which will provide information, non-medical health support, and opportunities for social connection for international students living on campus and in the community.

 

Public health

 

Council continues to support local drive through testing sites in Mernda, Epping and the Northern Hospital, and pop-up sites at the Stables in Mill Park, Lalor Shops and Al Siraat College.  Consistent with other testing sites across the metropolitan area, the agencies operating these test sites have reported a decline in testing rates over September. 

 

Under the DHHS program to provide masks to vulnerable people, Council was allocated an additional 3,500 non-reusable and 2,000 reusable masks which are being distributed to eligible residents by community-facing staff and Whittlesea Community Connections.

 

COMMUNICATIONS

Council continues to use all communications mediums to share DHHS and Council information including print, radio, digital and social media. The Panel of Administrators shared regular appearances on Plenty Valley FM and have commenced a rolling program of interviews with local newspapers. Council officers also appear at regular intervals on Plenty Valley FM to talk about community connections projects and issues facing the community, including family violence.

The Whittlesea Unites Facebook page exceeded expectations in September with the number of people reached up 201 per cent on the previous month (30,412), post engagement up 144 percent (3,593), page likes up by 19 per cent to 1931.

The increase in engagement is likely to be due to the Still Here For You campaign, which launched on 21 September. This initiative supports local businesses by giving away vouchers to residents through a Facebook competition where participants tell us how they’ve been supporting local businesses during the pandemic.

CONCLUSION

Council thanks the community for continuing to adhere to State Government restrictions to reduce the spread of COVID-19, which has clearly reduced the number of active cases in the City of Whittlesea significantly from 141 on 1 September to just 8 at the end of the month.

 

Over the coming weeks, we hope to see restrictions ease further and Council is committed to staying the course alongside our community – listening and responding to where further relief is required as we map out our recovery plan that includes a $2 million co-designed Community Fund in consultation with residents, businesses, groups and clubs.

 

COUNCIL rESOLUTION

Moved:                       Administrator Wilson

Seconded:               Administrator Duncan

 

THAT Council resolve that the report of the Acting Chief Executive Officer be received.

CARRIED

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.2      Governance arrangements under Administrators - First six months

Attachments:                        1        Activities of the Administrators - First six months   

Responsible Officer:           Chair of Administrators

Author:                                  Chair of Administrators 

 

 

Report

Background

The October 2020 Council Meeting marks the six-month milestone since Ms Lydia Wilson was appointed by the Minister for Local Government to the role of Interim Administrator on 21 March.

On 19 June, the Panel of Administrators was appointed, where Ms Wilson became the Chair of Administrators and was joined by The Hon Bruce Billson and Ms Peita Duncan.

This report provides an overview of the past six months at the City of Whittlesea under the governance of Administrators, and the Panel’s activities working with the community, stakeholders and the organisation.

A key emphasis during this time has been embedding good governance at the City of Whittlesea as recommended in State Government-appointed Municipal Monitor’s report tabled in Parliament on 17 March 2020.

The focus on good governance has included progressive implementation of the provisions of the Local Government Act 2020 and restoring stability to the organisation following a significant period of turmoil and disruption.

In addition to re-established good governance and effective decision-making, the Panel of Administrators has been diligent in re-building the reputation of the City of Whittlesea through community engagement, improving staff morale and developing a clear action plan and roadmap for the future.

This reporting period also captures activities during the evolving challenges associated with COVID-19.

Key timeline

This timeline covers the significant events that led to the appointment of a Panel of Administrators.

 

Tuesday 10 December

Council terminated the employment contract of CEO Mr Simon Overland.

 

Friday 13 December

The Minister for Local Government appointed Mr Yehudi Blacher to the role of Municipal Monitor at the City of Whittlesea.

 

Tuesday 17 December

Mr Blacher commenced his role as Municipal Monitor for a period of six months, expected to end on 30 June 2020.

 

Tuesday 17 March

Mr Blacher tabled his Report in the Victorian Parliament, recommending that:

a)   the Council is dismissed;

b)   administrators are appointed for a period ending no sooner than the 2024 Council elections; and

c)   administrators develop, implement and publicly report on an action plan to embed good governance at the Council taking into account the reform opportunities in the Local Government Bill 2019.   

In his findings and recommendations, Mr Blacher stated:

 

Council governance has collapsed at the City of Whittlesea, along with its reputation. The Council’s deep factional divides and personality conflicts have rendered it dysfunctional.

The Council’s behaviours both in the Chamber and outside it have undermined good decision-making.

These behaviours collectively have been damaging and harmful to the Council’s administration and the City’s reputation. Staff morale is at a very low ebb.

Some Councillors have repeatedly failed in their obligations under the Local Government Act, the Councillor Code of Conduct and possibly the Occupational Health and Safety Act through their abusive behaviours towards Council staff and other Councillors without being called to account.

The present Council cannot deliver the good governance needed by the City and its administration. There needs to be an extended period of administration to enable good governance to be restored.”

 

19 March 2020

The Local Government (Whittlesea City Council) Act 2020 was passed by the Victorian Parliament.

 

20 March 2020

The Act received Royal Assent and all City of Whittlesea Councillors were dismissed.

 

21 March 2020

Ms Lydia Wilson was appointed Interim Administrator of the Council for a three-month period.

 

19 June 2020

The Panel of Administrators was announced with Ms Lydia Wilson appointed Chair. The Hon Bruce Billson and Ms Peita Duncan were appointed Administrators. The Administrators’ appointments are part-time, and in place until the October 2024 elections.

About the Administrators

The Panel of Administrators bring extensive, complementary skills, expertise and experiences to their roles.

Ms Wilson has a depth of corporate governance experience having served on multiple not for profit, public and private sector boards and advisory committees over the past 25 years. She also has a detailed understanding of the Local Government sector having been CEO at Manningham and Yarra City Councils and Macedon Ranges Shire Council.

The Hon Bruce Billson served 20 years as the Federal Member of Parliament for Dunkley. He is the director of a consultancy business providing strategic policy and communications advice. He has previously held several senior executive positions in local government, including acting CEO of the Shire of Hastings.

Ms Peita Duncan has extensive management experience across a range of industries. She is the current Chair of Greyhound Racing Victoria and a former board member of the Metropolitan Fire Brigade and ESTA (Triple Zero).

To support the Panel of Administrators in undertaking their role, each is covered by the Council-adopted policy for the provision of resources and facilities as well as reimbursement of expenses in the same way that is applied to Councillors.  The costs associated with this is reported publicly on Council’s website and in the Annual Report.

Role of Administrators

Administrators have a dual role:

1.   Decision-making

2.   Representing the community

 

This section of the report outlines the Interim Administrator and the Panel of Administrators activities since March 2020.

 

Decision making activities

Administrators have adopted an extremely collaborative approach in working with one another as part of the Panel.

The Panel has also developed a respectful and collaborative approach to working with the Acting Chief Executive Officer and Council’s Executive Leadership Team in restoring good governance and informed decision making to the City of Whittlesea.

A comprehensive Administrator Induction Program was implemented over a period of 12 weeks to ensure Administrators were fully aware of their obligations, clarity on roles and responsibilities and limits of authority.

Officers have provided in-depth briefings on the municipal socio demographic and land use profile along with key Council strategies, policies, services and assets/facilities.

 

Additionally, Administrators attend weekly briefing sessions on key strategic issues for the municipality including:

·    The Local Government Act 2020

·    Council Budget

·    Whittlesea 2040 Vision

·    Strategic and statutory planning

·    Advocacy priorities

·    The North and West City Deal

·    Leisure and community services infrastructure projects

·    Other major contracts and projects.

 

The Local Government Act 2020 received Royal Assent on 24 March 2020.  Implementation of the Act is staged over a number of years and parts of the Local Government Act 1989 remain in place.

 

Council is focussed on ensuring compliance with the new Act and has been systematically considering reports at Council Meetings that assist in compliance. 

 

A summary of the key governance decisions made in the past six months include the following:

 

·    Appointment of Interim Administrator Representation on Organisations and Committees (up until 21 June 2020) at the 7 April 2020 Council Meeting.

·    Amendment to Council Meetings for 2020 (changing the start time of Council meetings to 3.00pm from April 2020 to October 2020 and deciding not to proceed with the 4 November Council meeting) at the 7 April 2020 Council Meeting.

·    Review of Council Delegations to the Chief Executive Officer at the 5 May 2020 Council Meeting.

·    Appointment of Council Representatives on Organisations and Committees (for the Panel of Administrators) at the 7 July 2020 Council Meeting.

·    Adoption of a new policy on Administrator Expenses and their Reimbursement at the 4 August 2020 Council Meeting. The previous policy was reviewed and endorsed as appropriate, with the tightening of approvals for interstate travel and accommodation and to no longer provide for the reimbursement of costs associated with a spouse accompanying an Administrator to an official function.

·    Adoption of a new Privacy and Data Protection Policy at the 4 August 2020 Council Meeting.

·    Review of Council Delegations to the CEO and Members of Council Staff at the 4 August 2020 Council Meeting.

·    Adoption of new Governance Rules at the 1 September 2020 Council Meeting.

·    Adoption of a new policy on Public Transparency at the 1 September 2020 Council Meeting.

·    Amended Council Meeting Schedule for 2020 at the 1 September 2020 Council Meeting.

·    The timely adoption of the Council Budget, adoption of audited accounts and one of the State's first Councils to adopt the Annual Statement of Accounts and Performance Reporting.

Further governance-related policy and process briefings will occur over the coming months.

 

Recruitment of a permanent CEO

The recruitment of the CEO is a key responsibility of the Council. 

The process is managed by the CEO Employment Matters Advisory Committee (CEMAC), which is an Advisory Committee of the Council. 

Membership of CEMAC comprises all Administrators and the Council appointed Independent Person Margaret Devlin.  Ms Devlin was appointed by the Council in July 2020 to the position of Independent Person on CEMAC. The term of appointment is two years.

The CEO role was advertised in The Age newspaper on 18 July 2020 and online.  Following a rigorous recruitment process, and supported by a contracted specialist recruitment company, Council appointed Mr Craig Lloyd to the position of CEO on 7 September 2020. Mr Lloyd commences in the CEO role on 12 October 2020.

Mr Lloyd was selected as the ideal candidate for his deep commitment to grass roots community engagement, depth of local government experience and skills in a multiplicity of technical areas including community engagement, environment, economic development, emergency management and IT.

He holds a Master of Business Administration, a Post Graduate Certificate in Community Development (Emergency Management) and a Masters of Project Management. He has also completed the Australian Institute of Company Directors Course and undertaken the Local Government Professionals Executive Leadership Program.

The Panel of Administrators acknowledge the significant contribution of Acting CEO Mr Joe Carbone since he commenced in March 2020. Mr Carbone has provided stable guidance during what was a significant period of change at the start of his tenure in March 2020.

He subsequently put in a huge amount of time, effort and energy into leading the organisation and our community through the COVID-19 pandemic and in supporting the Administrators.


 

Representing Council in the community

 

The Panel of Administrators have universally adopted a strong representational role to ensure that the interests and varying views of the whole community are recognised.

This leadership has provided guidance to the community and ensures two-way communication between the community and Council.

Visibility in the community has been difficult due to COVID-19 restrictions that have been in place in varying degrees since April 2020.

While the Administrators have not been able to attend meetings of local organisations in person, they have participated in online forums, events and activities regularly.

This has included active participation in all internal and external Council Advisory Committees, meetings with local Members of Parliament, business webinars, community engagement activities with residents and briefings with groups and stakeholders.

The important role of the media during the pandemic has also been recognised. Administrators have issued more than 80 media releases and have each engaged with community radio and podcasts, which have appeared on Council’s external channels.

The Chair has published regular messages of support to the community via Council’s external channels and in local newspapers.

A full listing of the activities of the Administrators is appended to this report in Attachment 1.

 

Advocating for our community

 

The Panel of Administrators continue to develop excellent rapport with local Members of Parliament to advocate on behalf of the community.

The City of Whittlesea secured more than $2.4 million in Victorian Government funding to help build vital community infrastructure, including a new respite facility in Mernda.

The Growing Suburbs Fund contribution will assist the City of Whittlesea to deliver five key projects that focus on creating liveable and sustainable neighbourhoods. The projects include:

·     A new social support respite facility in Mernda for older residents

·     An outdoor learning area at Mill Park Library

·     Safety and streetscape improvements at the Rochdale Square shopping precinct in Lalor

·     A program to improve energy efficiency in the City of Whittlesea

·     A new playground and landscaping at Carrington Boulevard Children’s Centre in Thomastown.

Further works to improve Lalor and Thomastown streetscapes has been fast-tracked after a $1 million funding boost from the Victorian Government’s Building Works Stimulus Package.

The $7.4 million streetscape redevelopments are important for job creation and re-activating local shopping precincts after COVID-19.

Council continues to advocate for funding to enable sporting facilities to be upgraded for better female friendly facilities.

A $1 million funding boost from the State Government’s Community Sports Infrastructure Stimulus Program will fast-track the much-needed upgrade of Mill Park Basketball Stadium. Council has invested the balance of $1.8 million

The $2.8 million redevelopment of this popular precinct will include new female and family change rooms, seating upgrades, accessible public toilets, a modern kitchen and fit-for purpose spaces to help the local association and clubs grow.

 

Responding to COVID-19

The COVID-19 pandemic has significantly impacted the way people across Victoria live and work since the State of Emergency was declared on 16 March 2020. Significant periods of lockdown across Victoria have financially and socially impacted on our residents and businesses.

At the height of the pandemic in June-August, the City of Whittlesea was the fourth highest LGA for COVID-19 cases. In April 2020 Council established an initial $200,000 Pandemic Emergency Relief Fund to respond to emerging social and economic hardship being felt by the community and businesses as the first wave of impacts of the COVID-19 pandemic began to accumulate under the declared State of Emergency.

A COVID-19 Hardship Policy was developed that has enabled residents and businesses to enter into a payment plan or defer payments interest-free until June 2021. Council has worked closely with its network of community and social services agencies working across the City of Whittlesea with a direct line of sight to those most vulnerable in our municipality.

The initial Emergency Relief Fund has directly helped with the provision of food and basic necessities to more than 4,860 families and 5,924 individuals.

In respect to supports for businesses, Stage 1 pandemic relief and response funding of $90,000 via a Business Support Package was allocated for increased business mentoring sessions and the development of promotional campaigns, webinars and business development programs. A dedicated Business Support Line was also established and is ongoing.

At the September Council Meeting, further financial relief was endorsed including $300,000 for a second round of Emergency Relief Funding to be distributed via not-for-profit groups. A second round of business support by way of a $500,000 Business Relief and Resilience Program was also approved and includes $5,000 grants to local businesses.

A Community Recovery Fund of $2 million was approved in the adopted Council Budget for 2020-21, which will be co-designed with residents, clubs, businesses and groups.

Council also received $13 million funding from the State Government’s Working for Victoria initiative to employ around 240 people who have lost their jobs as a result to COVID-19 impacts on six-month contracts. These roles are employed directly into Council to assist in community relief and recovery efforts while some have been re-deployed into not-for-profit groups that are supporting residents in need.

The Action Plan Ahead

Key priorities and a roadmap to achieving community outcomes have been marked out by the Panel of Administrators in partnership with the Acting CEO and the Executive Leadership Team. These include a focus on:

 

·    Good governance and effective management of public resources with robust systems and protocols to ensure accountable decision making

·    A high-performance culture at the City of Whittlesea including an enabling approach and a focus on innovation, accountability and a “can do” approach to deliver on community outcomes

·    Continued improvements in financial management of the City now and into the future to ensure the delivery of the projects and services required for a diverse, growing and changing City

·    Internal and external communication, customer service and community consultation and engagement processes to enhance the City’s reputation, responsiveness and community satisfaction

·    Strategic leadership and advocacy including facilitation of partnership approaches and delivery on key projects, economic development, local employment and investment attraction.

Financial Implications

Administrators, acting as the Council are responsible for the financial health and wellbeing of the Council and the adoption of the annual budget. The Annual Budget was adopted at the July Council Meeting for 2020-21. Highlights include $84M for community infrastructure and a $2M COVID-19 Community Recovery Fund.

Policy strategy and legislation

The Panel of Administrators were appointed under the provisions of the Local Government (Whittlesea City Council) Act 2020 by the Minister for Local Government.

The Chair of the Panel of Administrators takes on the role functions and duties of the Mayor and the Administrators take on the roles, duties and functions of a Councillor.  Together the Panel of Administrators form the Council of the City of Whittlesea.

The laws regulations, policies and procedures that apply to the Council and to Councillors also apply to Administrators.

link to strategic risks

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

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              High-performing organisation

Key Direction              More informed Council decisions based on strong advice and community consultation and engagement

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 past six months has been a very busy period for the Interim Administrator and the Panel of Administrators with considerable demonstrated achievements. In addition to the re-establishment of good governance and effective decision-making, considerable efforts have been made to re-build the reputation of the City of Whittlesea, to engage with the community and to improve staff morale. A clear action plan and priorities for the future have been identified which will be progressively implemented in partnership with the new CEO and his Executive Leadership Team.

 

Administrators will continue to be vigilant in relation to the current COVID-19 challenges but are also keen to commence COVID-19 recovery processes and enhance their visibility in the community.

 

RECOMMENDATION

THAT Council resolve to note the report.

Council Resolution

Moved:                       Administrator Wilson

Seconded:               Administrator Billson

 

THAT Council resolve to adopt the Recommendation.

Carried UNANIMOUSLY

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.3      Assemblies of Administrators - 6 October 2020  

Responsible Officer:           Acting Chief Executive Officer

Author:                                  Governance Officer   

 

recommendation summary

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

BRIEF OVERVIEW

The Council is required to note at a Council Meeting that meetings involving Administrators have taken place and topics discussed.  This report provides details involving the Panel of Administrators within the last month.

rationale for recommendation

It is a requirement up until the 24 October 2020 of the Local Government Act 1989 for Assemblies of Councillors (Administrators) records to be reported to Council. Following this date, this report will continue to be presented to each monthly Council meeting in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators. 

impacts of recommendation

Meets the legislative requirement that is in force until 24 October 2020 which contributes to promotion of open and transparent decision making.

what measures will be put in place to manage impacts

No impacts are expected.  On rare occasions an item considered at a meeting receives a media enquiry.  If requests for more information are received, these will be managed by our communications team in consultation with the Chair of Administrators.


 

Report

Background

The Local Government Act 1989 requires records relating to the Assemblies of Councillors (Administrators) to be reported to an ordinary Council meeting and recorded in the minutes of that meeting. This legislative requirement will be repealed on 24 October 2020; however, records relating to the Assemblies of Councillors (Administrators) will continue to be presented at each Council meeting in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators.

The Local Government (Whittlesea City Council) Act 2020 dismissed all Councillors from the City of Whittlesea effective Saturday 21 March 2020.  Ms Lydia Wilson was appointed Interim Administrator for a three-month period commencing on 21 March 2020.

On 19 June 2020, the Panel of Administrators for the City of Whittlesea were appointed.  The Panel of Administrators comprises of Chair Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan.

Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan will carry out the role, responsibilities and functions of a Councillor as set out in Section 231(1)(a) of the Local Government Act 2020 until their appointment ends following the October 2024 Local Government Elections.

A meeting is an assembly of the Administrators 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 an Administrator and a member of Council staff; or

·    An advisory committee of Council where an Administrator is present.

Records will be kept regarding an assembly of Administrators which lists an Administrator and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether an Administrator left the meeting after making a disclosure.

Proposal

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

Assembly Details

Administrator attendee

Officer attendees

Matters discussed

Administrator Briefing

30 June 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

MG

1.   Legal Overview.

2.   Overview and Briefing of Upcoming Council Meeting for 7 July 2020:

a.     Adoption of Council Budget.

b.     Adoption of Council Plan.

c.     Ordinary Council Meeting Agenda for 7 July 2020.

Nil disclosures

 

Administrator Briefing

6 July 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

MG

1.  Discussion of 7 July 2020 Council Meeting items.

Nil disclosures

 

 

 

 

 

 

 

City of Whittlesea Youth Advisory Committee

17 August 2020

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

DCS

MFCYP

TLYS

TLPRD

YDO

1.   Welcome and Opening of Meeting.

2.   Welcoming of Administrators: Administrator Duncan and Administrator the Hon Bruce Billson.

3.   Statement of Purpose.

4.   Apologies and introductions of invited guests.

5.   Previous meeting minutes and actions.

6.   Guest presentation – Adrian Napoleone, Team Leader Public Realm Development.

7.   Discussion Topics:

a.     Employment/Education/Training.

b.     Transition to adulthood.

8.   Updates and other business.

9.   Next meeting arrangements.

 

Nil disclosures

 

Administrator Briefing

25 August 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

AMFA

EOSP

HCO

MG

MMP

MPC

SPO

SPPO

TLBS

TLSPP

1.  2019/20 Year End Financial Result (Operational and New Works).

2.  Draft Integrated Water Management Strategy (IWMS).

3.  General Business – Items for the 1 September 2020 Council Meeting.

 

Nil disclosures

 

Whittlesea Municipal Fire Management Planning Committee

26 August 2020

Peita Duncan (Administrator)

EMO

MFPO

TLLMB

1.   Welcome, Introductions and Apologies.

2.   Reconciliation Statement and Declaration of Interest.

3.   Minutes of Previous Meeting.

4.   Business Arising from Previous Meeting.

5.   Roadside Environmental Guidelines.

6.   Correspondence In/Out.

7.   Multi Agency Workplan Update.

8.   Reports/Information Exchange.

9.   V-BERAP Process.

10. Regional Update.

11. Staff Update.

12. VFRR Review.

13. Plenty Gorge Fire Prevention Committee.

14. Kinglake Ranges Fire Prevention Agreement.

15. Strategic Fuel Reduction Burns.

16. General Business.

17. Meeting Dates for 2020.

Nil disclosures

 

 

 

Whittlesea Reconciliation Group Meeting

27 August 2020

Lydia Wilson

(Chair)

Peita Duncan (Administrator)

DCTP

ALC

MCCD

TLACD

 

1.     Acceptance of previous minutes from the 2 July 2020 meeting.

2.     Membership of the Whittlesea Reconciliation Group.

3.     COVID-19 Distraction Packs Report.

4.     New Budget.

5.     Aboriginal Liaison Officer Report.

6.     Arrangements for the WRG Planning Day.

7.     Variation for the extension of the WRG Winter Festival.

8.     Administrators Briefing with the WRG on Black Lives Matter and the reconciliation position which includes progressing the Aboriginal Gathering Place.

9.     Council Updates on the following:

a.      Organisational Design.

b.      Reconciliation Service Activity Areas.

c.       COVID-19 Program.

d.      Recruitment of the CEO.

e.      The new Local Government Act.

10.    Stretch RAP Project Updates:

a.      Aboriginal Employment Update.

b.      Arrangements for the Chair of Administrators and CEO meeting the Aboriginal Community.

c.       Aboriginal Gathering Place.

d.      Upper Merri Creek – Wurundjeri Partnership.

e.      2017-2020 RAP Evaluation. The current RAP ends in September and preparation of questions for the review.

f.       New RAP Development Plan.

11.   Projects for Feedback:

a.      COVID-19 Community Impacts.

b.      Aboriginal Truth and Reconciliation Project.

Nil disclosures

Administrator Briefing

1 September 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

HOC

MG

MLCF

MPC

MSP

SAA

TLST

1.   Major Infrastructure – Priority, Stimulus & Recovery.

2.   General Business – Last minute matters prior to Council Meeting.

 

Nil disclosures

 

Administrator Briefing

7 September 2020

Lydia Wilson

(Chair)

The Hon Bruce Billson

(Administrator)

Peita Duncan (Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

MG

HOC

MLCF

MPC

SAA

TLLF

1.     Advocacy Workshop.

2.     Mernda Aquatic and Indoor Sports Centre (MAISC) Project Briefing.

 

Nil disclosures

 

 

 

 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ACEO

Acting Chief Executive Officer – Joe Carbone

MMP

Manager Major Projects – Nick Mazzarella

ALC

Aboriginal Liaison Coordinator– Donna Wright

MPC

Manager People & Capability – Sanjib Roy

AMFA

Acting Manager Finance & Assets – Nicole Montague

MSP

Manager Strategic Planning – George Saisanas

CSPED

Coordinator Strategic Planning & Economic Development – Liam Wilkinson

SAA

Senior Advocacy Advisor – Michele Purtle

DCS

Director Community Services – Belgin Besim

SPPO

Sustainability Policy & Programs Officer – Danelle Ayres

DCRS

Director Corporate Services – Amy Montalti

SSP

Senior Strategic Planner – Fiona Ryan

DCTP

Director City Transport & Presentation – Ben Harries

TLACD

Team Leader Aboriginal & Cultural Diversity – Nick Butera

DPPE

Director Partnerships, Planning & Engagement – Julian Edwards

TLBS

Team Leader Business Support – Rod Cann

EMCA

Executive Manager Corporate Affairs – Kristi High

TLLF

Team Leader Leisure Facilities – Jacinda Hunt

EMO

Emergency Management Officer – Peter Duncombe

TLLM

Team Leader Land Management – Mark Williams

EOSP

Executive Officer Sustainability Planning – Felicity Ayres

TLPRD

Team Leader Public Realm Development – Adrian Napoleone

HOC

Head of Communications – Kristi High

TLSPP

Team Leader Sustainability Policy & Programming – Fleur Anderson

MCCD

Manager Community Cultural Development - Rachel Francis

TLST

Team Leader Strategic Transport – Troy Knowling

MFCYP

Manager Family, Children & Young People – Wendy Castles

TLYS

Team Leader Youth Services – Blair Colwell

MFMO

Municipal Fire Management Officer – David Foster

YDO

Youth Development Officers – Liz Wyndham, Jansu Gaz and Emma Shelton

MG

Manager Governance – Michael Tonta

 

 

MLCF

Manager Leisure & Community Facilities – Benjamin Waterhouse

 

 

Consultation

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

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.

Up until 24 October 2020, section 80A of the Local Government Act 1989 requires that the Chief Executive Officer must ensure that the written record of an assembly of Administrators is, as soon as practicable:-

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

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

Records of meetings that are attended by Administrators will continue to be presented at Council meetings after the 24 October 2020 in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators.

link to strategic risks

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

Records of Administrators meetings is a legislative requirement until the 24 October 2020 which promotes open and transparent decision making. After this date, records of Administrator meetings will continue to be presented at each monthly Council meeting in accordance with Chapter 6 of the Governance Rules as Informal Meetings of Administrators.

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 Administrators meetings be noted.

 

Recommendation

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

Council Resolution

Moved:                       Administrator Billson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.4      Instruments of Appointment and Authorisation for Planning Enforcement Officers

Attachments:                        1        Updated Instrument of Appointment and Authorisation forms - Planning Enforcement Officers   

Responsible Officer:           Acting Chief Executive Officer

Author:                                  Governance Officer    

 

RECOMMENDATION SUMMARY

That Council resolve to appoint and authorise the members of Council’s planning enforcement staff referred to in the attached Instruments as authorised officers pursuant to the powers conferred on Council by s 224 of the Local Government Act 1989 and the other legislation referred to the Instruments.

Brief overview

Revised Instruments of Appointment and Authorisation have been prepared for Council’s planning enforcement officers in relation to the administration of Planning and Environment Act 1989. 

The revised Instruments have also been amended to substitute section 232 of the Local Government Act 1989 with section 313 of the Local Government Act 2020.

rationale for recommendation

Under the Planning and Environment Act 1987, authorised officers can only be appointed by Council resolution.  This Planning and Environment Act 1987 makes no provision for Council to delegate this power to the CEO.

impacts of recommendation

Instruments of Appointment and Authorisation authorise relevant staff to exercise the powers conferred under the specified legislation and under Council’s local laws.  Authorised officers require this authorisation to properly exercise their role and to institute legal proceeding on behalf of Council.

what measures will be put in place to manage impacts

A register of Authorised Officers must be kept and is publicly available.

 

Report

Background

The Instruments of Appointment and Authorisation have been updated based on advice from Council’s solicitors and are submitted to Council for approval.

Instruments of Appointment and Authorisation allow authorised officers to exercise the powers granted to them by legislation or under a Council local law.

The revised Instruments make specific reference to s 313 of the Local Government Act 2020 to allow the authorised officers to institute proceedings for offences against the Planning and Environment Act 1987.

Consultation

Council’s Team Leader Planning Enforcement has been consulted on the revised Instruments.

Critical Dates

It is important that updated Instruments of Appointment and Authorisation are executed as soon as possible to ensure Planning Enforcement Officers have the proper authorisation to continue carrying out their duties.

Financial Implications

Costs in preparing the Instruments are within the current Governance department budget.

Policy strategy and legislation

Section 224 of the Local Government Act 1989 provides for the appointment of authorised officers for the purposes of the administration and enforcement of any Act, Regulation or local laws which relate to the functions and powers of Council.

link to strategic risks

Strategic Risk

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

Officers will be unable to fulfil their duties as authorised officers if the updated Instruments of Appointment and Authorisation are not put in place.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              High-performing organisation

Key Direction              Driving better community outcomes through improved service access, satisfaction and advocacy

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 members of Council staff referred to in the attached Instruments be appointed as authorised officers to allow them to continue to effectively perform their duties.

RECOMMENDATION

THAT Council resolve to:

1.   Appoint and authorise the members of Council staff referred to in the attached Instruments as authorised officers pursuant to powers conferred on Council by section 224 of the Local Government Act 1989 and the other legislation referred to in the Instruments; and

2.   Have the Instruments come into effect when they are executed and remain in force until Council decides to vary or revoke them.

 

Council Resolution

Moved:                       Administrator Wilson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.5      Review of Council's Public Question Time Policy

Attachments:                        1        Amended Public Question Time Policy

2        Public Question Time Form   

Responsible Officer:           Manager Governance

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the amended Public Question Time Policy as contained in Attachment 1 of this report.

Brief overview

The report recommends that Council resolve to adopt the amended Public Question Time Policy as contained in Attachment 1 of this report. The proposed changes to the existing policy include:

·    Changing the name of the policy to ‘Questions to Administrators Policy’ to be consistent with Council’s Governance Rules 2020.

·    Specifying that public questions may be submitted no less than 3 hours prior to the advertised commencement time of a Scheduled Council meeting. Currently, a 3pm deadline is specified and the change to a time 3 hours prior to the start of the meeting provides greater flexibility with start times.

·    Adding the requirement that the Chief Executive Officer notify the Panel of Administrators of any questions received, including any disallowed questions.

·    Including express provision for formal responses to public questions to be provided by Council Officers on behalf of the Council.

·    Greater clarity about who is responsible for determining whether a public question should be disallowed in accordance with the policy. 

rationale for recommendation

The proposed amendments aim to ensure that the Policy accurately reflects the existing processes and practices followed by Council.

Public question time is an important way in which members of the community voice their concerns to Council and participate in Council’s decision-making process.

Council is committed to transparent decision-making processes that uphold the public transparency principles under the Local Government Act 2020 and that align with Council’s Public Transparency Policy.

impacts of recommendation

Adopting the amended Public Question Time Policy will provide greater certainty to members of the public as well as members of Council as to the process around submitting and responding to public questions. The proposed changes to the Policy are designed to ensure that the Policy accurately documents the process undertaken by Council.

what measures will be put in place to manage impacts

Council will review the amended Policy as part of a broader review of the new policies, procedures and Governance rules adopted under the new Local Government Act 2020 in 2021 when Council has had an opportunity to operate under the relevant Policy for a period of time.

Report

Background

The Policy also contains procedural guidelines which detail the purpose of public question time, when questions will or will not be allowed and the process of responding to public questions that have been allowed.  

The Policy has also been amended to reflect the changes introduced by the Governance Rules 2020 which were adopted by Council on 1 September 2020.  The Governance Rules have largely replaced the existing Procedural Matters Local Law (No. 1 of 2018) and make reference to the Public Question Time Policy.

The amendments also acknowledge the appointment of the Panel of Administrators and the impact of the COVID-19 restrictions on the conduct of Council meetings. 

Comments and feedback received from time to time from members of the community in relation to the public question time process has also been incorporated into the proposed changes.

A copy of the associated Question to Administrators Form has also been included as Attachment 2 of this report.

Proposal

That Council resolve to adopt the amended Public Question Time Policy as contained in Attachment 1 of this report. The proposed changes to the existing policy are indicated by red text.

If adopted, the Policy would be operational from 7 October 2020 and would apply at the next scheduled Council meeting on 17 November 2020.

Consultation

As this is an amended version of an existing policy, a full consultation process has not been undertaken. The proposed changes are required, in part, to be consistent with the Governance Rules adopted by Council on 1 September 2020. The Governance Rules were open for public feedback prior to adoption and were drafted in consultation with Council’s lawyers.

Comments and feedback received from time to time from members of the public who have previously submitted public questions to Council has been incorporated in the proposed changes to the Policy.  

Financial Implications

Costs incurred in the development and administering the amended Policy are included in Council’s recurrent budget.

Policy strategy and legislation

Legislation

Local Government Act 2020

The amended Policy aims to give effect to the community engagement principles as contained in section 56 of the Local Government Act 2020.


Council Policies and Procedures

Governance Rules 2020

The Governance Rules regulate Council Meeting procedures. Specifically, rule 21 of the Governance Rules relates to Question to Administrators and refers to any relevant policies or procedures that Council has in place at the relevant time. This includes the Public Question Time Policy.

Public Transparency Policy

The Public Transparency Policy promotes openness and transparency in Council decision-making processes. One way in which Council makes decisions in an open manner is by holding Council Meetings which are open to the public and by encouraging members of the public to submit questions to be answered at those Council Meetings.

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

If Council does not have a Public Question Time Policy or has a policy that does not accurately reflect the public question time process, then this may impact negatively on the ability of members of the public to submit questions which is one way they are able to participate in Council Meetings.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Connected community

Key Direction              A participating community

 

A more accurate Public Question Time Policy will ensure that members of the public are aware how to submit questions to be answered at a Council Meeting as well as the process of what to expect around how their question will be answered. This is one way in which members of the public are able to participate in Council Meetings.

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 Council adopt the amended Question Time Policy to increase the clarity around the public question time process and to support Council’s commitment to transparent decision-making processes.

 

 

RECOMMENDATION

THAT Council resolve to adopt the amended Public Question Time Policy as contained in Attachment 1 of this report.

Council Resolution

Moved:                       Administrator Billson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.6      Procedural Matters Local Law

Attachments:                        1        Draft Common Seal and Conduct at Meetings Local Law (No. 1 of 2020)   

Responsible Officer:           Manager Governance

Author:                                  Governance Officer   

 

RECOMMENDATION SUMMARY

To seek a resolution to adopt the Common Seal and Conduct at Meetings Local Law (No.1 of 2020) (as contained in Attachment 1) for the purpose of public consultation and to appoint an Advisory Committee of Council to consider any public submissions received on the proposed Local Law.

Brief overview

On 1 September 2020 Council adopted the Governance Rules in accordance with section 60 of the Local Government Act 2020. The Governance Rules regulate the procedures for meetings of Council and delegated committees, and largely replicate Council’s existing Procedural Matters Local Law.

Due to the duplication contained in the existing Procedural Matters Local Law, it is now appropriate to adopt a new Local Law which contains only those provisions which are not addressed in the Governance Rules. The proposed Local Law is intended to repeal the existing Procedural Matters Local Law (No. 1 of 2018).

rationale for recommendation

As both the Procedural Matters Local Law and the newly adopted Governance Rules regulate Council meeting procedures, it is necessary to adopt a new Local Law that does not contain the provisions that are now redundant in order to avoid confusion.

The provisions contained in the proposed Local Law relate to the use of the common seal and to offence provisions which cannot be included in the Governance Rules as the Governance Rules do not have the same status as a Local law.

In accordance with the Local Government Act 1989, the adoption of a Local Law requires a public submission process and the establishment of an Advisory Committee.

impacts of recommendation

Adopting the proposed Local Law will remove the overlap between the newly adopted Governance Rules and the existing Procedural Matters Local Law which both regulate Council meeting and committee meeting procedures.

what measures will be put in place to manage impacts

Council will review the proposed Local Law as part of a broader review of the new policies, procedures and Governance Rules adopted under the Local Government Act 2020.

It is proposed that this review occur in 2021 once Council has been operating under the relevant policies, procedures and Governance Rules for a number of months and can assess their performance.

 

                                                                                       

Report

Background

In July 2018 Council adopted the Procedural Matters Local Law (No. 1 of 2018) (PMLL) to regulate its procedures for meetings of Council, Special Committees and Advisory Committees. The PMLL was drafted in accordance with the requirements of the Local Government Act 1989 and adopted following a public submission process.

Under the new Local Government Act 2020, Council adopted Governance Rules on 1 September 2020. The Governance Rules are required to regulate meeting procedure and accordingly most procedures that were regulated by the PMLL are now regulated by the Governance Rules.

To avoid any confusion caused by meeting procedures being contained in both the PMLL and the Governance Rules, it is necessary to adopt a new Local Law that only contains the provisions that are not covered by the Governance Rules. This includes the provisions relating to the use of Council’s Common Seal and the offence provisions. These provisions could not be included in the Governance Rules as the Governance Rules do not have the same status under the Local Government Act as a Local Law. It is not possible under the Local Government Act 1989 for Council to simply adopt an amended PMLL with the duplicated provisions removed, the most appropriate approach is to adopt a new Local Law. 

Proposal

It is proposed that Council adopt a new Local Law which contains provisions relating to:

·    The use of Council’s Common Seal;

·    Offence provisions relating to the misuse of Council’s Common Seal; and

·    Offence provisions relating to disorderly conduct at Council meetings.

In accordance with the Local Government Act 1989, the adoption of a new Local Law requires a public consultation process. It is proposed that Council adopt the Local Law at the 6 October 2020 Council Meeting for the purpose of commencing the public consultation process and appointing an Advisory Committee (comprised of the Panel of Administrators) to consider any submissions received. Public notices will then be placed in local media and a submission period of 4 weeks will commence. It is intended that the final version of the Local Law be adopted by Council at the 7 December 2020 Council Meeting.

A copy of the proposed Local Law is contained in Attachment 2 of this report.

Consultation

If Council approves the adoption of a new Local Law to repeal and replace the existing PMLL, this will require that Council undertake a formal public consultation process in accordance with Part 5 of the Local Government Act 1989 (the relevant provisions of the 2020 Act do not become operative until July 2021).

Section 119 of the Local Government Act 1989 requires:

·    That Council give notice in the Government Gazette and by public notice;

·    That a copy of the proposed Local Law and any explanatory documents be made available to the public; and

·    That any person affected by the proposed Local law be given an opportunity to make a submission under the section 223 process which requires a four-week consultation period and the establishment of an Advisory Committee of Council to hear and consider any submissions.

Submissions should be in writing or in any other form agreed by the Chief Executive Officer on a case by case basis. Reasonable accommodations will be made to enable members of the community to participate in the consultation process.

CRITICAL DATES

The proposed timetable for the adoption of the Common Seal and Council Meeting Conduct Local Law is detailed below:

Date

Action

6 October

Council to resolve to give notice of intention to make the Local Law and to invite public submissions. An Advisory Committee of Council appointed to consider any submissions.

13 October 2020

Public notice appears in local newspaper commencing the 28-day public consultation period.

11 November 2020

Public consultation period ends.

Week beginning 16 November 2020

Advisory Committee of Council meets to hear and consider any submissions

7 December 2020

Proposed Local Law, incorporating any feedback received during the public submissions process, is presented to Council for adoption.

Financial Implications

There is a small cost in developing and adopting a new Local Law. This includes the cost of legal advice and the cost of advertising for the public notices. The cost is estimated at $2,000 plus GST and is included in Council’s recurrent budget.

Policy strategy and legislation

Legislation

Local Government Act 1989

The adoption of a new Local Law has been proposed in a manner which is consistent with the requirements of the Local Government Act 1989 which continue to regulate the adoption of a new Local Law until July 2021.

Local Government Act 2020

The need to adopt a new Local Law has arisen due to the requirement of the Local Government Act 2020 that Council adopt Governance Rules to regulate the meeting procedures for meetings of Council and delegated committees.

 

Council’s Policies and Procedures

Governance Rules 2020

The new Local Law will contain only the matters now not addressed by the Governance Rules and will work alongside the Governance Rules. For example, where there is disorderly conduct at a Council Meeting, the Governance Rules regulate how the conduct is to be addressed in the first instance. The new Local Law will then provide the relevant offence provisions for where the person displaying the disorderly conduct has failed to comply with the directions given under the Governance Rules.

link to strategic risks

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

If Council does not adopt a new Local Law, there is a risk of confusion for both Council and members of the public as to whether provisions of the Procedural Matters Local Law or provisions of the Governance Rules apply to different meeting processes, particularly where there are inconsistencies between the Governance Rules and the PMLL.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              High-performing organisation

Key Direction              More informed Council decisions based on strong advice and community consultation and engagement

Adopting a new Local Law will remove any potential confusion between the existing PMLL and the Governance Rules and also provide the community with a formal avenue to participate in Council decision-making.

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

The Local Law will remove any duplication and inconsistency between the existing PMLL and the newly adopted Governance Rules.  It is recommended that Council adopt the proposed Local Law as contained in Attachment 1 the purpose of public consultation. 

 

 

 

 

 

 

RECOMMENDATION

THAT Council resolve to:

1.            Endorse the proposed Common Seal and Conduct at Meetings Local Law No. 1 of 2020 (proposed Local Law) for the purpose of public consultation;

2.            Give notice, in accordance with sections 119(1) and 223 of the Local Government Act 1989, in the Victoria Government Gazette and in a newspaper circulating generally in Council’s municipal district:

a)     stating the purpose and general purport of the proposed Local Law;

b)    stating that a copy of the proposed Local Law can be obtained from Council’s website;

c)     inviting submissions, in accordance with section 223 of the Local Government Act 1989, within 28 days from the date of publication of the notice; and

d)    stating that a person making a submission is entitled to request to be heard in support of their submission;

3.            Establish an Advisory Committee of Council comprised the Panel of Administrators to hear and consider any submissions;

4.            Authorise the Chief Executive Officer to take such steps as are necessary to give effect to this Resolution; and

5.            Consider the proposed Local Law at the Scheduled Council meeting on 7 December 2020.

Council Resolution

Moved:                       Administrator Wilson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.1.7      Request for Boundary Change of a Locality – 182 Greenhills Road, Thomastown

Attachments:                        1        Request for Boundary Change of a Locality – 182 Greenhills Road, Thomastown

2        Map 182 Greenhills Road

3        Map inclusive of 172, 182, 182W Greenhills Road and 22-38 Wells Road

4        Map of Proposal 182 & 182W Greenhills Road   

Responsible Officer:           Acting Chief Executive Officer

Author:                                  Team Leader Governance Administration   

 

RECOMMENDATION SUMMARY

That Council resolve to:

·        endorse the proposal to have the properties located at 182 and 182W Greenhills Road,    Thomastown included in the locality of Bundoora;

·        commence community consultation on the proposal; and

·        receive a further assessment report on the proposal at the close of the community consultation period.

Brief overview

A preliminary assessment of the proposal against the State Government Naming Rules for places in Victoria, (Naming Rules) indicates that the request meets the following general principles:

·    Ensures public safety as the request would not likely adversely affect public or operational safety for emergency response or cause confusion for transport, communication and mail services; and

·    Recognises the public interest as access to the site is from Greenhills Road Bundoora through Messini Place and there is no access to the site from Thomastown. 

rationale for recommendation

This recommendation has been proposed with particular regard to public safety, transparency and ease of access to the site for emergency and postal services.  Access to 182 and 182W Greenhills Road is through Messini Place Bundoora only. 

impacts of recommendation

The community will be informed of the proposal through community consultation.  Council will be better informed to make a decision on the proposal at a future Council meeting, after taking into account the views of residents and property owners in the affected area and that of emergency, postal and other services.

what measures will be put in place to manage impacts

Residents and property owners in the identified geographic affected area will be encouraged to contact Council to make informal enquiries in addition to making formal public submissions during the consultation process.

 

Report

Background

A request has been received from Urbis Pty Ltd on behalf of Wolf Development, the owners of the site at 182 Greenhills Road, Thomastown, to have the locality boundary between Thomastown and Bundoora changed to include the property located at 182 Greenhills Road, Thomastown in the locality of Bundoora. (Attachment 1)

The Site is located at 182 Greenhills Road Thomastown, is approximately 2.4 hectares, situated on the outskirts of the Thomastown Industrial/Employment Area and directly north of the established Greenhills Road, Bundoora residential area. (Attachment 2)

In 2011, Council resolved to have part of the site rezoned from Industrial 1 Zone to General Residential Zone (Amendment C111 to the Whittlesea Planning Scheme).  Previously, the site has been the subject of a number of planning proposals by developers wishing to utilise the land for industrial purposes with residents opposing such development. 

In 2012, the Minister for Planning approved Amendment C111 to the Whittlesea Planning Scheme to rezone the land from Industrial 1 to Residential 1 (now known as General Residential). The Industrial 1 Zone was assessed at that time as inappropriate having regard to the constrained nature of the land, the proximity of nearby established residential areas and the land’s interface with the Darebin Creek.   

The site is currently under development, following the approval of Planning Permit No. 716125, which allows the construction of 56 dwellings.  Access to the site is from Greenhills Road, Bundoora through Messini Place (formerly 214 Greenhills Road, Bundoora).

discussion

The circumstances of this request are exceptional due to the history of this site being subject to a number of planning proposals by developers wishing to utilise the land for industrial purposes and residents opposing such development.  Council can choose not to entertain the request.  If Council were to do so, there is no formal right of appeal in the Geographic Place Names Act 1998.

Requests for a locality boundary change are rare.  A previous request was made in 2014, when a community lead proposal was considered by Council to change the name of part of the locality of Beveridge to Wurunbik (a name selected by a small number of community members supportive of the proposal). Council resolved at that time, that any future naming proposal would only proceed if evidence existed that there is significant community support for the proposal. 

Council also further resolved that the process and timing of a review of the locality boundaries of Beveridge and any other localities within the municipality should be considered as part of a municipal-wide locality boundary review.  A wider review has not been scheduled and will not likely take place in the immediate future.  A proposal for a wider review, including resource requirements, will be developed for consideration in 2021.

Given that this request affects the physical boundary of one property only, it may be considered unreasonable to delay the processing of this request until the wider review.

In considering the request, Officers undertook an overall assessment of the surrounding area to consider if any other surrounding properties should be considered as part of this review.  The possible inclusion of properties 182W Greenhills Road, 172 Greenhills Road and the road reserve at 22-38 Wells Road were assessed.

The site 172 Greenhills Road, Thomastown is currently separated into two parts; one part is situated to the North of the Western Ring Road and 22-38 Wells Road Thomastown road reserve.  The second part is situated to the south of the Western Ring Road and 22-38 Wells Road Thomastown road reserve and sits to the east of 182W Greenhills Road. (Attachment 3)

The road reserve at 22-38 Wells Road runs parallel with the Metropolitan Ring Road, extending from the Dalton Road interchange in the west to Darebin Creek in the east.

The State Government’s Naming Rules for Places in Victoria, (Naming Rules) set out the process for naming and renaming localities, features and roads. The Naming Rules require that ‘locality boundaries must align with the cadastral fabric, road centre lines or easily distinguishable topographical features such as waterways or ridgelines’.  As a property cannot be divided by a locality boundary, the inclusion of 172 Greenhills Road and the road reserve 22-38 Wells Road Thomastown is considered too broad for this proposal and therefore it is not proposed to include these properties in the current proposal.

Proposal

It recommended that the proposal for the property at 182 Greenhills Road, Thomastown be realigned to Bundoora and that the proposal also include the property located at 182W Greenhills Road, Thomastown.  (Attachment 4)

The site 182W Greenhills Road, Thomastown is a Council reserve and the access point to this reserve is from 182 Greenhills Road.  It would be reasonable to also include 182W in a community consultation to ensure that proper consideration is given to public safety in terms of emergency services access to this site.

Consultation

The Naming Rules state that naming authorities (Council) must consult with the public on any naming proposal should Council choose to proceed with a request.  If Council provides approval for the proposal, Officers will carry out a public consultation and invite comments on the proposal from all affected residents and ratepayers. Statutory authorities, including emergency, postal and other services in Thomastown and Bundoora, will also be consulted. 

There are approximately 230 properties within the geographic area affected by the proposal.  The affected geographic area has been determined in accordance with the Naming Rules, that consultation for a locality boundary change must be undertaken with residents and ratepayers within 200 metres of the current and proposed boundary. The consultation process will involve a survey of property owners and residents on whether they support the proposal to have the properties 182 and 182W Greenhills Road Thomastown included in the locality of Bundoora. 

Consistent with the Naming Rules, a non-response to the survey will be taken as agreement to the proposal; therefore, affected community members will be strongly encouraged to respond to the survey.

Council will also invite public submissions regarding the locality name change proposal.  A public notice will be placed on Council’s website on Tuesday 13 October 2020 seeking public submissions to be received by 5pm on 12 November 2020.  In addition, submitters will be informed that they are invited to speak in support of their submission at a meeting of a Committee of Council.  The Committee would hear and consider submissions and make recommendations to Council.   

The consultation process will commence subject to Council’s resolution to proceed.  It will be made clear in the consultation documentation that this renaming proposal has not been initiated by Council, but rather by the owner of the property 182 Greenhills Road Thomastown and that the role of Council is to work through the process set out in the Naming Rules. 

Critical Dates

The dates are subject to Council endorsing the proposal.

 

Date

 

13 October 2020

Consultation Period Opens

12 November 2020

Consultation Period Closes 5pm

Week of 16 November 2020

Committee of Council meeting to consider and hear any submissions

7 December 2020

Assessment report provided to Council

Financial Implications

Costs of the direct mail out would be charged to the Governance’s general advertising and postage budget.  The estimated cost is approximately $1,500.

Policy strategy and legislation

Naming processes are regulated by the Naming Rules which set out the process for naming and renaming localities, features and roads.

The State Government, through the Office of Geographic Names Victoria, is responsible for deciding naming issues. Council, however, is responsible for processing requests.

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

Community and stakeholder engagement is important to ensure public safety and ease of delivery of postal and other service.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Liveable neighbourhoods

Key Direction              Well-designed neighbourhoods and vibrant town centres

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 Council endorse the proposal and provide approval in accordance with the Naming Rules for community consultation to proceed. An assessment report will be received by Council following the close of the public submission period.

 

 

 

 

 

RECOMMENDATION

 THAT Council resolve to:

1.       Endorse the proposal to consider that the properties 182 and 182W Greenhills Road Thomastown be included in the locality of Bundoora in accordance with the Naming Rules and commence a public consultation process on the proposal;

2.       Authorise the Chief Executive Officer to carry out the necessary administrative procedures in accordance with the Naming Rules and consult property owners and residents in the identified affected geographic area by providing details of the proposal and inviting feedback;

3.       Invite written submissions on the proposal from members of the public commencing 13 October 2020 and ending on 12 November 2020;

4.       Seek input on the proposal from relevant statutory authorities including emergency and postal services operating in Thomastown and Bundoora;

5.       Establish a Committee of Council comprising of Administrators to consider any written submissions and to hear those persons requesting to be heard in          relation to their submission by the Committee at a format, time and date to be determined by the Committee of Council; and

6.       Receive a summary report of submissions with any recommendations of the          Committee to be submitted to the Council meeting scheduled at 3pm on         7 December 2020.

Council Resolution

Moved:                       Administrator Wilson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.2       Partnerships, Planning & Engagement

6.2.1      AUTHORISATION FOR THE COMMENCEMENT OF A PLANNING SCHEME AMENDMENT FOR THE APPLICATION OF A PUBLIC ACQUISITION OVERLAY IN THE MERNDA STRATEGY PLAN AREA

Attachments:                        1        Attachment 1 - Context Plan

2        Attachment 2 - Subject Site

3        Attachment 3 - Land to be Acquired for Intersection

4        Attachment 4 - Land Required for the Mernda Regional Recreation Reserve

5        Attachment 5 - Land Acquisition Process

6        Attachment 6 - Financial Implications - Confidential

This Attachment has been designated as confidential information under section

66(5) of the Local Government Act 2020 on the grounds that it contains details

relating to Council business information, being information that would prejudice

the Council's position in commercial negotiations if prematurely released. The

confidential attachment specifically contains the financial implications of

authorising the proposed planning scheme amendment..    

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Planning Officer   

 

RECOMMENDATION SUMMARY

It is recommended that Council resolve to request authorisation from the Minister for Planning to commence and exhibit a Planning Scheme Amendment to apply:

·     A Public Acquisition Overlay (PAO) to part of land at 1470 Plenty Road, Mernda and part of land at 1455a Plenty Road, Mernda to facilitate the upgrade of the Everton Dive / Plenty Road intersection (the intersection) and,

·     A PAO to part of land at 1470 Plenty Road, Mernda to facilitate the acquisition of land for the Mernda Regional Recreation Reserve (the MRRR).

Brief overview

This proposal seeks approval to commence the statutory process for applying a PAO to the additional land required for the MRRR and the construction of the intersection of Everton Drive and Plenty Road. The land acquisition will facilitate the delivery of the Mernda Sports Hub Project.

The land to be acquired will impact two properties in private ownership located at 1455a and 1470 Plenty Road, Mernda (see Attachment 1 & 2). The remaining properties required to facilitate the projects are owned by the City of Whittlesea.

rationale for recommendation

The Mernda Sports Hub project is a significantly important project for Council and the community. This report seeks to ensure that access arrangements to the site are resolved by securing the land to deliver the Everton Drive / Plenty Road intersection and the final portion of land to complete the MRRR landholding. These projects will facilitate the subsequent development of the site.  

impacts of recommendation

The proposal will allow Council to commence the acquisition of land needed to facilitate the intersection upgrade and acquire land for the MRRR. The land required for the intersection is shown in Attachment 3 and the land required for the MRRR is shown in Attachment 4. Advancing this process is a critical precursor to ultimate development of the Mernda Sport Hub. It is important to complete these processes as soon as possible to avoid the scenario of having to delay construction or commencement of uses on the site due to lack of access or the required amount of land.

The acquisition of land will impact on the affected private landowners who will be notified and consulted through the process and ultimately compensated for subsequent land acquisition.

what measures will be put in place to manage impacts

Landowners impacted by the application of the PAO will be formally notified through the Amendment process. It should be noted that the owners of 1470 Plenty Road, Mernda have previously been engaged by Council officers with the aim of negotiating the acquisition of the required land. These negotiations were unsuccessful. The landowner at 1455a Plenty Road has been working with Council in respect of an amendment to an existing Development Plan for the site which has needed to account for the proposed road widening along Plenty Road.  

 

 

Report

INTRODUCTION

Council seeks authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme, to apply a Public Acquisition Overlay (PAO) to additional land required for upgrade of the Plenty Road and Everton Drive intersection to provide access to the Mernda Regional Recreation Reserve (MRRR) and the final portion of land required for the MRRR.

BACKGROUND

The Mernda Sports Hub project is significantly important project for Council and the community. The hub project includes the potential for an indoor sports and aquatic facility in combination with active open space across the balance of the site. To facilitate the delivery of this project, access to the site is required to be provided from an intersection with Everton Drive and Plenty Road. Additional land is required to deliver this intersection and the road connection. The final part of the land which comprises the MRRR is also required to deliver the Mernda Sports Hub Project. The projects have been strategically identified in the Mernda Strategy Plan (MSP) and the Mernda Strategy Plan Development Contributions Plan (MSPDCP).

The preliminary functional layout design of the intersection of Plenty Road and Everton Drive is included at Attachment 3. The MSP designates this intersection as important to the development of the precinct and access to the reserve.  The intersection will be delivered in stages with the first stage comprising a three-leg intersection with Plenty Road and Everton Drive. The fourth leg on Station Lane will be delivered at a later stage.

The preliminary outline of the MRRR is included at Attachment 4. The majority of land in the MRRR and that required for the Mernda Sports Hub project has been progressively assembled and is already under Council ownership. There is one outstanding section of land required to be acquired. The MRRR is identified as a significant regional recreation facility within the MSP and MSPDCP servicing the broader Mernda/Doreen area. The facilitation of the projects is reliant on the additional land being acquired by Council.

THE SUBJECT SITE

The subject land is shown in Attachment 1 and Attachment 2.

The additional land required for the new intersection at Everton Drive and Plenty Road will affect the following properties:

·        1455a Plenty Road, Mernda (51.8sqm), and

·        1470 Plenty Road, Mernda (1687.9sqm).

The land for the intersection is more specifically shown on the preliminary function layout plan included at Attachment 3.

The additional land required for the MRRR (as shown in Attachment 4), will affect the following properties:

·        1470 Plenty Road, Mernda (2774.26).

1470 Plenty Road, Mernda is a large rural residential lot which straddles both sides of Plenty Road. The land to which the PAO is to be applied to the west of Plenty Road is vacant.

The land east of Plenty Road contains a single dwelling. It is also proposed to apply a PAO to this section, to facilitate the future delivery of the fourth leg of the intersection into Station Lane.

The land at 1455a Plenty Road, Mernda is a future commercial development site which has an approved development plan. The owner of this lot is seeking to amend this development plan. The land subject to the PAO is currently vacant and immediately adjoins the western side of Plenty Road.

PLANNING FRAMEWORK

The land subject to the proposed PAO is partly affected by the following zoning controls:

·    Comprehensive Development Zone – Schedule 1;

·    General Residential Zone – Schedule 1; and,

·    Road Zone, Category 1.

The subject site is partly affected by the following Overlay controls:

·    Incorporated Plan Overlay – Schedule 1;

·    Development Plan Overlay – Schedule 15;

·    Vegetation Protection Overlay – Schedule 1; and,

·    Development Contributions Plan Overlay – Schedule 7.

Schedule 1 to the Incorporated Plan Overlay incorporates the Mernda Strategy Plan (MSP). The MSP is the primary strategic plan guiding the development in the Mernda precinct. The MSP strategically identifies the land required for the MRRR and the proposed Everton Drive / Plenty Road signalised intersection and designates them as significant.

The Mernda Strategy Plan Development Contributions Plan (MSPDCP) identifies both the intersection and MRRR as projects which obligates Council as the delivery agency to deliver these projects.

AMENDMENT PROPOSAL

The Public Acquisition Overlay (PAO) is the planning tool which is used to identify land which is proposed to be acquired for a public purpose. This amendment seeks to apply a PAO to:

·    Land at 1455a Plenty Road and 1470 Plenty Road, Mernda for road purposes to facilitate the delivery of the Everton Drive / Plenty Road intersection (see Attachment 3); and,

·    Land at 1470 Plenty Road, Mernda for open spaces purposes as part of the MRRR to facilitate the delivery of the Mernda Sports Hub project (see Attachment 4).

The PAO is the statutory tool to reserve land which then can be acquired for a public purpose.

Once the PAO has been applied, the land can be compulsory acquired in accordance with Land Acquisition and Compensation Act 1986. It is important to note that the application of the PAO obligates Council to acquire the land to which the PAO is applied and compensate the landowners for the land. The land acquisition process is outlined in more detail in Attachment 5.

NOTIFICATION

Should authorisation be granted by the Minister for Planning, the proposed amendment must be exhibited in accordance with s19 of the Planning and Environment Act 1987. The landowners will be notified of the proposed amendment as part of the exhibition. Council officers will also make contact with landowners prior to exhibition to discuss the proposal.

Preliminary discussions have previously occurred with landowners at 1470 Plenty Road, Mernda. Council officers are currently working with the landowner at 1455a Plenty Road, Mernda in respect to an amendment to a Development Plan. The amended Development Plan will need to account for the proposed road widening on Plenty Road

Preliminary consultations have also occurred with Major Roads Projects Victoria (MRPV), the Department of Transport (DoT) and the Department of Land, Water, Environment and Planning (DELWP). Additional feedback will be sought from DoT regarding the intersection upgrade. A PAO2 exists on 1455a Plenty Road, to facilitate a related upgrade to Plenty Road, a separate but related project being delivered by MRPV. Consequently, further consultation will be required with MRVP to co-ordinate the projects.

DISCUSSION

Without application of the PAO, Council is unable to acquire the subject site and facilitate the Mernda Sports Hub project. The PAO will designate which land is proposed to be acquired by Council for road purpose and open space purposes. The intersection is strategically identified as being of regional significance and critical to provide access to the MRRR.

Council officers have previously had discussions with the landowners in an attempt to informally negotiate acquisition of the land. It was evident through these early discussions that a negotiated outcome would not be successful.

Due to the significance of both projects and the continued development of the Mernda area, it is considered of critical importance to acquire the necessary land in a timely manner to facilitate the delivery of the projects.

Therefore, it is necessary to utilise the statutory process through the application of the PAO to compulsorily acquire the land. The subject land has been long identified for the road and open space purposes in the MSP and Council has an obligation under the MSPDCP to acquire the land and deliver these projects at the time needed by the community.

NEXT STEPS

Subject to the resolution to support the recommendation of this report the next steps in the process are:

·    Request for authorisation from the Minister for Planning to commence and exhibit the Planning Scheme Amendment;

·    Exhibition of Amendment including notice to affected landholders;

Submissions can be made on the Amendment to seek changes;

·    Council considers submissions made to the Amendment;

·    Panel hearing (if required);

·    Council decision whether to adopt the Amendment; and,

·    Submit amendment to the minister for approval.

Upon application of PAO, Council can commence acquisition of the land in accordance with the Land Acquisition and Compensation Act 1986. This involves serving a ‘Notice of Intention to Acquire’ the land. Refer to Attachment 5 for more detail.

POLICY AND LEGISLATION

Whittlesea 2040

Implements the following goals:

·    Goal 1: Connected community;

·    Goal 2: Liveable neighbourhoods; and,

·    Goal 3: Strong local economy.

Strategies and Plans

·    Mernda Transport Strategy (2001);

·    Mernda Strategy Plan: Open space, recreation and social needs assessment (2001);

·    Mernda Town Centre Comprehensive Development Plan (2004);

·    Mernda Development Contributions Plan (2004 & amended 2008);

·    Mernda Strategy Plan (2004, amended 2008 and amended 2016);

·    Mernda Town Centre North-West Plan (2012);

·    Northern Growth Corridor Plan (2012);

·    Mernda Town Centre North Northwest Development Plan (2014);

·    Mernda Town Centre North East Development Plan (2016); and,

·    Plan Melbourne 2017 – 2050 (2017).

Planning Policy Framework

·    Clause 11.02 – Managing Growth;

·    Clause 12.01-1S – Protection of biodiversity;

·    Clause 12.05-1S – Environmentally sensitive areas;

·    Clause 16.01 – Residential development;

·    Clause 18.02 – Movement networks; and,

·    Clause 19.03 – Development infrastructure.

Local Planning Policy Framework

·    Clause 21.03 – Council Vision and Strategic Framework;

·    Clause 21.04 – Settlement;

·    Clause 21.05 – Environment and Landscape Values;

·    Clause 22.10 – River Red Gum Protection Policy; and,

·    Clause 22.11 – Development Contributions Policy.

FINANCIAL IMPLICATIONS

Should the Planning Scheme Amendment require a Planning Panel, Council as the planning authority will need to cover the costs of the Panel Hearing.

The MSPDCP provides some funding for the open space land. The land for the road project is not funded by the MSPDCP. Funds are allocated in Council Budget 2020/21 to cover the costs of the land acquisition. Further information in respect to the anticipated costs and funding are included in Attachment 6.

link to strategic risks

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

The delivery of the Mernda Sports Hub project is reliant on the acquisition of the subject land. Should the application of the PAO and/or acquisition of the land be delayed, the delivery of this important project will also be significantly delayed.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Connected community

Key Direction              A healthy and safe community

The proposal is an important to facilitate the development of the precinct and provide access to the MRRR and Mernda Sports Hub. The Mernda Sports Hub project is important to provide a healthy community with the recreational facilities they need.

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 subject land is required to facilitate the access and land required for the Mernda Sports Hub project. This will provide the Mernda community with the transport and recreation infrastructure envisioned by the Mernda Strategy Plan, The Mernda Sports Hub project is important to service to the growing community.

The first step required to acquire the land is to apply a PAO through an Amendment to the Whittlesea Planning Scheme. Once the PAOs have been applied to the relevant portion of the sites, the land is able to be compulsory acquired in accordance with the Land Acquisition and Compensation Act 1986.

Therefore, it is recommended that Council resolve to seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme, to apply the two PAOs to the subject land.

 

RECOMMENDATION

THAT Council resolve to:

1.       Seek authorisation from the Minister for Planning to prepare and exhibit an amendment to the Whittlesea Planning Scheme, to apply the Public Acquisition Overlay to:

a)      part of the land at 1455a Plenty Road, Mernda and part of the land at 1470 Plenty Road, Mernda for the land required to deliver the Everton Drive and Plenty Road intersection as shown in Attachment 3,

b)      part of the land at 1470 Plenty Road, Mernda acquire land for the Mernda Regional Recreation Reserve as shown in Attachment 4.

 

Council Resolution

Moved:                       Administrator Billson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

Attachment 4 – Land Required for the Mernda Regional Recreation Reserve (MRRR)

A close up of a map

Description automatically generated

*Land Subject to PAO for open space highlighted in yellow

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

Compulsory land acquisition process

An overview of the compulsory land acquisition process in accordance with the Land Acquisition and Compensation Act 1986 (LACA Act).

What does the land acquisition process include?

1.   Identification of land

Council identifies the land it seeks to acquire through a strategic plan and/or design of a proposed project.

2.   Contact will begin

Council officers will determine whether the land can be acquired by ‘agreement’ or ‘compulsory’ process.

Officers will determine whether potential objections/time constraints may force Council to immediately preserve the land (for its own purposes), thus taking any future right/land use away from the landowner (or prospective landowner). In these cases, the land may be reserved under a Public Acquisition Overlay (PAO) for future acquisition under the LACA Act.

3.   Land Access Agreement

Council officers many seek the owners to enter into a land access agreement to enable a number preliminary investigative works to be carried out on site (such as site & feature survey).

4.   Public Acquisition Overlay

A report will be presented to Council seeking approval (and authorisation from the Minister for Planning) to prepare and exhibit an amendment to the Whittlesea Planning Scheme. The amendment will seek to apply a Public Acquisition Overlay (PAO) to the subject land.

Affected landowners will be notified during the Exhibition of the Amendment and provided an opportunity to make a submission supporting or objection to the proposed Amendment. An independent planning panel (if required) will be appointed to hear all submissions and their findings presented in a further report presented to Council. Council will decide whether to adopt the Amendment and submit to the Minister for Planning for approval.

5.   Formal Acquisition Process begins

Once a PAO is applied to the subject land it is now reserved for a public purpose and can be acquired in accordance with the LACA Act.

Council officers will engage its legal representatives (Maddocks/Macquarie Lawyers) to prepare the Notice of Intention to Acquire (NOITA). The NOITA will include:

·     an outline of the land required by Council;

·     the purpose it will be reserved for;

·     when Council intends to take possession by;

·     any current dealings with the land (interest buyers/sellers etc);

·     any planning or building permits associated with the land;

·     statement that will accompany the notice (Form 8);

·     survey plan reconfirming the land in question;

·     letter of offer to enter in a joint valuation (appointed by Council or Valuer General Victoria)

The notice will be served on all landowners and parties with a vested interested (i.e. mortgagee)

6.   Valuation/compensation

Council will engage the preferred/nominated valuer to determine compensation payable. Both parties will exchange valuation information if the valuations are conducted separately. A valuer’s conference will be called where a decision cannot be reached. Compensation may continue beyond the time the Notice of Acquisition is published in the Victorian Government Gazette.

7.   Notice of Acquisition

The landowner will receive a Notice of Acquisition (Form 7) which vests the land outlined in the NOITA in Council’s name. A notice will be published in the Victorian Government Gazette confirming the acquisition has been finalised.

8.   Possession

Once Council reach the possession stage, the affected landowner will no longer be able to use or access the land that Council has acquired.

9.   Offer of compensation

A letter of offer will be distributed seeking agreement to the compensation agreed under valuation

10. Response to Offer

The landowner may respond to the initial offer of compensation in three ways. 

1.    Accept in full

2.    Accept in part

3.    Reject and submit a claim

11. Council’s reply to response to offer

In response Council will either:

1.    Accept the claim

2.    Restate the earlier offer

3.    Outline a revised offer.

12. Disputed claim


Should Council and the owner continue to dispute the compensation payable, the matter can be referred to either VCAT or the Supreme Court for determination. 

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.2.2      APPROVAL OF 80 MCARTHURS LANE AND 25 HUNTERS ROAD, SOUTH MORANG DEVELOPMENT PLAN

Attachments:                        1        Attachment 1 - Development Plan

2        Attachment 2 - Context Plan

3        Attachment 3 - Development Plan Layout   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Strategic Planner   

 

That Council resolve to:

1.       Approve the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020) as shown in Attachment 1, prepared in accordance with Schedules 5 and 27 to Clause 43.04 Development Plan Overlay of the Whittlesea Planning Scheme; and

2.       Notify the proponent and the submitters of Council’s resolution

Brief overview

The report recommends approval of the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020). The Development Plan meets the relevant statutory requirements for approval. It is located in the southern portion of the Mernda Strategy Plan. It provides for a diversity of housing in an area proximate to the Principal Public Transport Network (PPTN), including Hawkstowe Train Station, and also facilitates the transfer of 45 hectares to Council to form part of the Quarry Hills Regional Parkland.

rationale for recommendation

The proposed 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan has been prepared in accordance with the requirements of the relevant Development Plan Overlays (Schedule 5 - Mernda Development Plan and Schedule 27 – Mernda West and South Morang Quarry Hills Precincts). The Development Plan has been prepared in consultation between Council officers and the consultants acting on behalf of the landowner.

The Development Plan provides an appropriate response to the existing site features and constraints and will ensure that the residential development will generally be in keeping with the surrounding residential area. It also seeks to provide a diversity of housing in an area in close proximity to the Principal Public Transport Network (PPTN) including Hawkstowe Train Station.

Non-statutory exhibition of the Development Plan has been completed, and the latest submission of the Development Plan is considered to have responded to relevant considerations and is now suitable for approval.

impacts of recommendation

This Development Plan is the largest remaining residential precinct to be developed within the Mernda Strategy Plan area. Approval of the Development Plan is required prior to the subsequent consideration of subdivision and development applications for the land. It provides for the orderly use and development of the land and integrates with existing residential developments to the north and south. The proposal facilitates the transfer of 45 hectares of land to Council to form part of the Quarry Hills Regional Parkland.

what measures will be put in place to manage impacts

·    The Development Plan addresses all the relevant statutory requirements and addresses issues around integration with adjoining landholdings, permeable subdivision design, potential land contamination, bushfire risk and development contributions.

·    The Development Plan details the requirement for and timing of an Environmental Audit for that part of the site deemed to have a potential risk of land contamination.

·    Additional principles have been included in the Development Plan to address retention of native vegetation on site; a permeable street network to provide for a low speed environment (avoiding blocks of more than 200m in length); and ensuring that development responds to the natural landform particularly at the interface with Quarry Hills.

·    Risks from bushfire will be mitigated through the provision of a road along the boundary of the proposed Quarry Hills Regional Parkland to increase building setbacks.

 

 

Report

INTRODUCTION

The purpose of this report is to consider the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020), prepared by Breese Pitt Dixon. The objective of the proposed Development Plan is to guide the future use and development of the land for residential purposes.

The proposed Development Plan has been prepared in accordance with the provisions of the Development Plan Overlays Schedules 5 (DPO5) (Mernda Development Plan) and 27 (DPO27) (Mernda West and South Morang Quarry Hills Precinct). A Development Plan must be in place before any application for subdivision and/or development of the land can be considered.

This report will discuss the background and merits of the proposed Development Plan in the context of the applicable statutory framework and the submissions received from the exhibition process.

The latest submission of the Development Plan is considered to have appropriately addressed all of the outstanding issues raised by Council officers and is now suitable for approval.

SITE DESCRIPTION & CONTEXT

The land comprises three separate titles in the same ownership, known as 80 McArthurs Lane, 1225A Plenty Road, and 25 Hunters Road, South Morang. The land is approximately 79.81 hectares in area, of which approximately 45 hectares (or 56% of the total land - being that land located outside the Urban Growth Boundary) is proposed to be transferred to Council and will form part of the Quarry Hills Regional Parkland. The remaining 34.73 hectares being the eastern portion of the land, is the subject of the Development Plan submission, and is proposed to be used and developed for residential purposes (Refer Attachment 2).

The subject site directly abuts the Quarry Hills Regional Parkland to its west. Land to the north, south and east is developed for residential purposes at varying densities, with land to the south primarily comprising single dwellings on lots of 600sqm-700sqm and development to the north incorporating a mix of conventional lots and medium density housing. The site is also located in close proximity to the Hawkstowe Train Station providing convenient access to the Principal Public Transport Network (PPTN) for future residents of the subject land.

There are two large residential lots located mid-way along Hunters Road (to the north-east of the site) which are important to note. Hunters Road is currently an unconstructed rural road (refer Attachment 2). Ultimately, it is proposed that this will be closed and form a vegetated pedestrian/cycle link through to Plenty Road. This Development Plan is required to provide the ability for these allotments to be accessed, and directly connected, to the subdivision and ultimate road network. Any road closure of Hunters Road will only be considered once these urbanised connections are provided as part of the roll-out of the subdivision. This has been addressed as part of the Development Plan. Further commentary in respect to this matter is provided in the following sections.

The two properties at 1215 and 1235 Plenty Road adjoin the subject site (refer Attachment 2). Whilst the use and development of these lots will be subject to separate planning proposals, the Development Plan seeks to provide for the integrated and orderly development of these lots. The lot at 1215 Plenty Road located to the south-east of the subject land is expected to be developed for residential purposes. A planning permit has been issued for a service station on the front portion of the site at 1235 Plenty Road. A further planning application has been lodged for the use and development of the rear portion of the site for food and drink premises, convenience shop and convenience restaurant.

STRATEGIC POLICY

The eastern portion of the site within the Urban Growth Boundary (UGB) is affected by the Mernda Strategy Plan (MSP) which is an Incorporated Document in the Whittlesea Planning Scheme. The MSP was developed in 2004 to guide the future allocation of land uses and key infrastructure items within Mernda. The subject land falls within Precinct 4 of the MSP which nominates most of the subject land for residential development together with a drainage reserve in the north-east corner.

In 2010 a review of the Urban Growth Boundary (UGB) was undertaken which shifted the boundary further west. This resulted in additional land outside the MSP being made available for residential purposes to provide appropriate housing opportunities for increased population growth.

ZONING & OVERLAYS

The subject site is in the General Residential Zone Schedule 1 (GRZ1) – Whittlesea General Residential Areas. The primary purpose of the zone is to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.

Additionally, the site has frontage to Plenty Road which is a main arterial road (Road Zone Category 1 – RDZ1) providing north – south access.

The site is also affected by a number of overlays.

-     Incorporated Plan Overlay Schedule 1(IPO1) – Mernda Strategy Plan

-     Development Plan Overlay Schedules 5 (DPO5) - Mernda Development Plan and 27 (DPO27) - Mernda West and South Morang Quarry Hills Precinct

-     Vegetation Protection Overlay Schedule 1 (VPO1) - Significant Vegetation (River Redgum Grassy Woodland)

-     Development Contributions Plan Overlay Schedule 8 (DCPO8) - Mernda Precinct 4 Development Contributions Plan.

Of specific interest in the context of this report are the two Development Plan Overlays applying to the site being DPO5 and DPO27. Prior to any subdivision, use and development of the land, a Development Plan must be approved in accordance with the provisions of the relevant Development Plan Overlay(s).

The purpose of the VPO1 is to protect and retain significant native vegetation. The Development Plan has considered and provides an appropriate response to the protection of native vegetation.

The DCPO8 specifies the development contributions payable under the Mernda Strategy Plan. A Section 173 Agreement has previously been executed which provides for Local Development Contributions in accordance with MSP and provides for the transfer of land outside the Urban Growth Boundary (UGB) to Council for the Quarry Hills Regional Parkland.

DEVELOPMENT PLAN PROPOSAL

Following preliminary discussions between the City of Whittlesea and the proponent to identify any significant issues with the proposed development of the site, a Development Plan prepared by Breese Pitt Dixon was lodged with Council for consideration in February 2019. The Development Plan submission, which includes an overarching Development Concept Plan and accompanying text document (supported by various technical documents) has been prepared in accordance with the requirements of Development Plan Overlay Schedule 5 and Schedule 27 (DPO5 & DPO27) to the Whittlesea Planning Scheme.

Attachment 3 to this report contains the proposed layout of the Development Plan area.

Specifically, the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020) proposes:

·    primary access to the site via a signalised four way intersection at the corner of Plenty Road and Riverdale Boulevard. Works are currently underway to upgrade Plenty Road between Bush Boulevard and Bridge Inn Road. More specifically, the upgrade works will widen Plenty Road from 4 to 6 lanes between Bush Boulevard and Riverdale Boulevard and from 2 to 4 lanes north of Riverdale Boulevard to Bridge Inn Road;

·    to respond to the surrounding road network and provides for connections to the residential areas to the north and south with an internal road network to service the area. The main connector road is ultimately designed to connect the residential development to the north via Millstream Way and via Poppy Drive to the south. The connector road has been designed to accommodate future bus services;

·    pedestrian and bicycle links throughout the Development Plan;

·    vehicular and pedestrian access has been provided along the Quarry Hills Parkland interface which provides visual and physical connection to the reserve from the adjoining residential development and passive surveillance of the proposed reserve;

·    the perimeter road to provide an appropriate bushfire management response by separating buildings from the reserve in accordance with bushfire hazard requirements;

·    a diversity of housing types and lot sizes (approximately 500 dwellings) including larger lots of greater than 500 square metres generally positioned on areas of increased slope; conventionally sized lots of 350 - 450 square metres; and areas to support medium density housing. The medium density housing is primarily located towards the Plenty Road frontage, proximate to the bus and train networks and adjacent to open space reserves.;

·    a drainage reserve in the north-east corner of the site;

·    numerous tree reserves across the site to provide for retention of significant vegetation and a pocket park in the north-west corner for passive recreation. More detailed planning will be required at the development stage of some of the designated medium housing sites to ensure the retention of significant vegetation;

·    to provide for the lots at 50 and 60 Hunters Road to gain access to the local road network, given Hunters Road is to be discontinued for the purpose of a “green link” with a shared trail.

The vision of the Development Plan is to establish a new residential area which draws its sense of place and defining neighbourhood character from its natural landscape features.

The Development Plan proposal further facilitates the transfer of land located outside the UGB to the Quarry Hills Regional Parkland. Approximately 45 hectares (approximately 56%) of the land at 25 Hunters Road and 80 McArthurs Lane, South Morang will be transferred to Council in accordance with a Section 173 Agreement previously been executed as part of the rezoning of the site.

CONSULTATION AND NON-STATUTORY EXHIBITION

Following submission of the Development Plan in February 2019 there have been ongoing discussions with the proponent and relevant Council departments regarding various aspects of the proposal. A revised proposal was submitted in October 2019 which addressed a number of outstanding matters raised by Council officers and was deemed of a satisfactory standard to proceed to non-statutory exhibition in late 2019.

Whilst there is no statutory requirement to formally advertise the Development Plan submission, in accordance with Council practice, notice about the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan was sent by direct mail to all land owners and occupiers adjacent to that part of the subject land affected by the proposal. Notice about the proposed Development Plan was also sent to relevant external authorities. This provides the opportunity for any input provided by adjoining land owners to be taken into consideration whilst the overall structure / layout of the plan is being developed. It is noted that for any development proposal which is generally in accordance with an approved development plan is exempt from the requirement for third party consultation.

The Development Plan submission was placed on non-statutory exhibition for a four week period between 15 November to 13 December 2019.

A total of seven submissions were received comprising three submissions from nearby residents and the remaining four from external authorities. Two of the resident submissions objected to the proposal. The third resident submission supported the proposal, however raised concerns around traffic management. The four submissions received from external agencies, whilst not objecting to the proposal requested further information or changes to the Development Plan.

SUBMISSIONS

The following table details the submissions received and the officer response.

Submission Summary

Officer Response

1.   12 Millstream Way, Mernda

Welcomes the development however, submits the following for consideration:

-     Retain the gravel surface along Hunters Lane and barricade the junction of Hunters Lane and Plenty Road.

-     Erect a local traffic only sign at the junction of Millstream Way and Waterview Drive, and at the junction of the future connector road and Plenty Road.

-     Once the future connector road is established to the south demolish the signalised intersection and permanently barricade the Plenty Road entry.

-     Erect another “local traffic only” sign at the junction of McArthurs Lane.

-     The local traffic signs seek to prevent vehicles making right hand or left hand turns into the local road network in order to discourage drivers ‘rat-running’ through local streets to avoid the busier connector roads.

The section of Hunters Road between Plenty Road and Millstream Way has already been discontinued. As part of the proposal, Millstream Way will extend south across the Hunters Road reservation and continue its collector road function and continue its collector road function to Riverdale Boulevard in accordance with the Mernda Strategy Plan (MSP). It is ultimately proposed that Hunters Road will transition to a green link to provide access to the Quarry Hills Regional Parkland in future.

Connector Roads are part of Council’s local road network and are intended to serve the local community and provide direct access to arterial roads, train stations and local town centres. The proposed connection was envisioned as part of MSP. Millstream Way and Waterview Drive were designed and constructed to cater for the traffic volume from this connection. A local traffic only sign would limit the movement of people and vehicles within the municipality and road network. Also, most of the trips on the existing and proposed Connector Roads are anticipated to be generated by local residents not by industrial / commercial activity. Whilst officers do not believe that local traffic signs are required at those locations, Council officers will continue to monitor the traffic flow once the development is complete to determine whether any additional measures, such as signage are required to improve the flow of traffic through the development.

As noted above, the reduced speed limit on the local road network and upgrade works being undertaken for Plenty Road, are likely to discourage the amount of through traffic movement.

Council would not entertain a proposal to restrict access to the site from Plenty Road. The signalised intersection is also supported by the Department of Transport (VicRoads). The intersection performs an important traffic safety, access and distribution function for the precinct.

No change proposed to the Development Plan as a result of this submission.

2.   50 Hunters Road, Mernda

Objects to the Development Plan in its current form.

-     As the owner/driver of a refrigerated truck notes the potential for changes to the road network to affect the viability of their business.

-     Purchased the land with intent to live in semi-rural environment with the capacity to park the truck in a safe and secure area with access to major roads.

-     Concerned about the impact on their ability to subdivide or sell the land in the future.

-     The DP does not provide sufficient detail to determine the practicality of manoeuvring the truck through the estate to Plenty Road and has requested more detailed plans in this regard, including areas were vehicle parking would be banned along the connector road.

-     Insufficient design detail is provided in respect to the driveway connections across Hunters Road. As a minimum request, an access lane is sought as per the specifications contained in Engineering Design and Construction Manual for Subdivision in Growth Areas, GAA 2011.

-     Queries who is responsible for construction of these accessways.

-     Notes that only 1 accessway as shown to subject land, but property currently has two access points. Concerned that 1 accessway will limit options for future development of the land.

-     Concerned about the limited access in the event of a bushfire if Hunters Road is to be closed.

The Mernda Strategy Plan (MSP) which is the primary planning policy document for the Mernda growth area, envisages the long-term status of Hunters Road as a shared bicycle/pedestrian trail providing access from Plenty Road to Quarry Hills Regional Parkland. It is noted that the first portion of Hunters Road from Plenty Road to Millstream Way has already been closed. Hunters Road is expected to form part of a green link or shared pathway once it has been discontinued in full.

The status of the properties at 50 and 60 Hunters Road has previously been discussed by Council (26 April 2016), as part of a planning scheme amendment to remove the conservation open space designation from these properties, which required an amendment to the MSP (which is an Incorporated Document in the Whittlesea Planning Scheme). The resident was also engaged as part of this process. Given the proposal to discontinue part of Hunters Road and in order to ensure the appropriate integration of any future residential development of these lots with surrounding development, it was highlighted that the ultimate access to these lots would be provided by the development of land to the south which is proposed by the current Development Plan.

At a strategic level a development plan seeks to show the broad intent of a land use proposal, including the road layout and broad subdivision layout. It is not the purpose of a development plan to consider or resolve detailed engineering plans. The use/development/subdivision of the site will be subject to a future planning permit application(s) which will include the assessment of more detailed engineering plans.

Whilst noting that the submitters property is currently used for residential purposes, any proposal to provide for more intensive residential development on the site would not be supported where access is via an unconstructed road. The ability to connect to an urban road network will therefore benefit the future residential development of the submitter’s property. Whilst there is some flexibility regarding the location of any accessways associated with the future development of the lot, Council would be seeking to limit the extent of pavement to the site.

The existing access to 50 Hunters Lane is via a local access street (Rural type), in essence it is an unconstructed rural road. As part of the Development Plan, access to this property will be maintained via a similar road hierarchy (local access road) in an urbanised form. Access to the property will be via a connector road designed for a 12.5m vehicle and the local street network designed for an 8.8m service vehicle.

On-street car parking on Millstream Way is only permitted where indented car parking bays are provided. This will be the similar case for the future connector road. i.e. clear 3.5m wide lane with 2.3 m wide indented car parking bays will be provided.

In response to concerns regarding the provision of any one accessway, following discussions with the proponent, the Development Plan has been amended to incorporate a new requirement to provide for the provision of any accessway to be to the satisfaction of all parties (i.e. the landowner, developer and City of Whittlesea). This would enable further discussions in respect to provision of an additional driveway to service any existing driveway. It is noted that a wider industrial standard vehicle cross-over could be considered at this location during the engineering plan submission as part of the planning application, however this would need to be discussed as part of any arrangement in respect to the provision of the accessways. 

The developer of the site will be responsible for constructing an accessway to each of the lots at 50 and 60 Hunters Road. Subsequent to appropriate access being provided to these lots, it is anticipated that a process would commence to discontinue the section of Hunters Road between Millstream Way and 75 Hunters Road (which also contains a dwelling). Affected property owners would be notified of any proposal to discontinue the road and have opportunity to make a submission.

The cross-over shown on the proposed Development Plan is the only access point to the existing dwelling. Any access to the future development needs to be assessed with the proposal and can be considered at later stage.

The Bushfire Management Statement indicates that the most likely approach of fire is from the west and north which is the current condition. It is expected that the new local road network will improve accessibility to the south, within an urbanised environment for the submitters property

No change proposed to the Development Plan as a result of this submission.

3.   Affected resident

-     Concerned about the number of medium density residential dwellings proposed which brings more people into the area.

Particularly objects to the following:

-     The proposed connector road connecting through to Millstream Way will increase local traffic movement and act as a rat run for people wanting to avoid Plenty Road to access Mernda Villages. Road is not wide enough to support increased traffic, especially due to on-street parking.

-     Increased traffic will make it difficult for residents to get out of Millstream Way as people will cut through to avoid Plenty Road

-     Asked for confirmation that the current conservation areas on Millstream Way and Woodland Waters Conservation Reserve will not be developed into housing.

The Development Plan indicates several areas, generally to the east of the site, proximate to Plenty Road and/or adjacent to open space reserves, for use and development for medium density housing.

Much of the site falls within the Principal Public Transport Network Buffer being well located to bus services along Plenty Road and proximate to the Hawkstowe Train Station. It is submitted that it is in these circumstances, of areas well serviced by public transport, where higher densities should be considered and encouraged. Further it is not considered that the proposal provides any greater percentage of medium density housing opportunities compared to other similar areas.

The use/development/subdivision of the site, and specific detail in relation to the ultimate outcome of the medium density sites, will be subject to a future planning permit application(s).

The Mernda Strategy Plan (MSP) provides for a linked connector road and it is being implemented by the Development Plan as envisaged. This road performs an important connecting and access function for the precinct west of Plenty Road. Millstream Way is a similar design to the proposed Connector Road within the future Development Plan. i.e. 3.5m wide lane ways with 2.1m indented parking bays along the residential lots and is designed to support an increase in traffic.

Officers consider that ‘rat running’ via the future connector road and Millstream Way is unlikely as Millstream Way and the future connector road are designed to operate at a reduced speed whereas Plenty Road is designed to operate at an 80km/h speed limit. Multiple speed reduction devices (such as roundabouts and raised pavement) will be installed as part of any future development, which will further reduce the operating speed of these local roads. Whereas the traffic movement on Plenty Road will be significantly improved with the stage 2 upgrade works currently being undertaken. Furthermore, there is no incentive for drivers to avoid Plenty Road as there are no signals between the two intersections (intersection with future connector road and existing intersection Plenty Road/Waterview Drive) which could delay travel time.

The conservation areas referred to are designated as open space reserves and are owned and managed by the City of Whittlesea.

No change proposed to the Development Plan as a result of this submission.

4.   Environmental Protection Agency (EPA)

No objection to the Development Plan proposal. Advised the following:

-     Council to consider the potential for contamination before the development occurs.

-     The EPA has not undertaken a technical assessment of the Environmental Site Assessment (ESA) and recommends Council seek an independent review.

-     Recommends that a 53X Environmental Audit be completed before construction of a sensitive use(s) commences on that part of the site where ancillary uses are known to be present as contained in the site assessment

-     Recommends establishment of an Environmental Management Framework or similar during the construction phase.

An Environmental Site Assessment (ESA) has been prepared by the proponent in support of the proposal, which identified that previous uses of the site have resulted in potential land contamination. The land contamination refers specifically to an area of 5,200sqm surrounding an underground storage tank proximate to the existing dwelling and outbuilding. The ESA recommended that as part of any planning approval a S173 Agreement is applied to affected property titles to prohibit extraction of groundwater at this location.

It should be noted that it is relatively common for areas of potential land contamination to be identified on broad acre land within the designated growth areas. Land contamination associated with farmland is generally as a result of the use and/or storage of chemicals or petrol associated with normal farming operations.

In response to feedback from the EPA and having regard to work undertaken to date by the proponent, the Development Plan has been amended in order satisfy the requirements of EPA’s submission. Specifically, the Development Plan has been amended to require that an Environmental Audit is undertaken which involves assessing the land’s condition to ensure that it is suitable for the proposed residential use and where appropriate will include conditions to manage any identified risks including any remediation works. Notwithstanding the recommendation for an environmental audit to be undertaken, the EPA has not objected to the use on the affected land within the Development Plan area, subject to the appropriate remediation works being undertaken.

It is noted that the Development Plan has been amended to require that an environmental audit is completed either prior to the construction of a sensitive use or a sensitive use commences; or before the certification of a plan of subdivision associated with any approved residential subdivision as it applies to the affected land. suitable conditions to give effect to this requirement are to be contained on any subdivision permit allowing the residential subdivision of the land where the environmental audit is to be undertaken. These changes are reflected in the latest version of the Development Plan included as Attachment 1.

No further changes are proposed to the Development Plan as a result of this submission.

5.   Melbourne Water

Melbourne Water requests further information in the form of a Stormwater Management Strategy.

Melbourne Water has subsequently undertaken further review of the submission and has determined to defer the previous request for the provision a Stormwater Management Strategy until such time that an application for a Town Planning Permit referral is received by Melbourne Water from Council.

No change proposed to the Development Plan as a result of this submission.

 

 

6.   Country Fire Authority (CFA) – now Fire Rescue Victoria

Fire Rescue Victoria requested additional information before further consideration of the development plan. Recommends a Bushfire Management Statement to be prepared by a reputable Bushfire Management Consultant.

A Bushfire Management Statement (BMS) was subsequently prepared which was referred to the Fire Rescue Victoria.

Fire Rescue Victoria is satisfied that the BMS addresses the bushfire risk and supports the proposed development plan in its current form. The BMS is to be implemented in its entirety and this to become a condition of any permit issued.

No change proposed to the Development Plan as a result of this submission.

7.   Department of Transport (DoT)

No objection to the location of access points to Plenty Road.

Concerns regarding the submitted traffic report, regarding the analysis for the intersection of Plenty Road and Riversdale Boulevard. DoT is not satisfied with the analysis. Requires the statement under Mobility Requirement to be amended.

The Development Plan has been revised to include wording to the effect that “Access to Plenty Road is to be in accordance with the Development Plan subject to the Agreement of Transport for Victoria” which is generally in accordance with the preferred wording suggested by DoT in their submission.

No further change required to the Development Plan as a result of this submission.

DEVELOPMENT CONTRIBUTIONS

In essence development contributions are applicable for the whole of the development plan area.

As a result of the UGB being shifted in 2010, additional land outside the Mernda Strategy Plan (MSP) area was made available for residential purposes. At the time the planning scheme amendment was undertaken to rezone the land for residential purposes, a Section 173 Agreement was executed to provide for the transfer of that land outside the Urban Growth Boundary (UGB) to Council to form part of the Quarry Hills Regional Parkland and for payment of the relevant contributions in accordance with MSP.

As part of the rezoning of the land for residential purposes, a Development Plan Overlay Schedule 27 (DPO27) was also applied to the site. Pursuant to the DPO27, an additional agreement will be required to provide for the payment of contributions for that land located outside the Mernda Strategy Plan area, which is required to be executed before a planning permit is issued to use/subdivide/develop the subject land.

Policy strategy and legislation

It is considered that the Development Plan, (refer Attachment 1), is generally consistent with the provisions and objectives of the State Planning Policy Framework and Local Planning Policy Framework of the Whittlesea Planning Scheme as follows:

Clause 11 – Settlement - The Development Plan responds to identified needs of the community by providing land for housing and open space purposes and seeks to protect significant vegetation.

Clause 12 – Environmental and Landscape Values - The proposal has regard to significant trees identified on the site by locating them within tree reserves and also appropriately considers the drainage reserve in the north-east corner of the site.

Clause 13 – Environmental Risks and Amenity - The Development Plan has considered and responded to the potential risks associated with bushfire. In particular, a perimeter road is proposed between the Quarry Hills Regional Parkland and residential development which seeks to reduce risk to development from potential grassfires. Fire Rescue Victoria (formally CFA) is satisfied the Bushfire Management Statement addresses the bushfire risk.

The Development Plan has been modified to incorporate the EPA’s recommendations for an Environmental Audit on that land identified as having high risk of land contamination and the timing for such an audit.

Clause 15 – Built Environment & Heritage - The design of the development layout satisfactorily responds to the site features and constraints. The residential development includes elements which will assist in making it attractive, liveable, walkable and cyclable.

Clause 16 – Housing - The Development Plan increases the supply of housing on a site adjacent to the Quarry Hills Regional Parkland and in proximity to the PPTN including Hawkstowe Train Station. A range of housing types and lot sizes is proposed, as well as transport connections to the broader area.

Clause 18 – Transport - The Development Plan includes walking and cycling infrastructure connections to the existing road and public transport network, with the main connector road to be designed to facilitate future bus routes.

Clause 19 – Infrastructure -. The development makes provision for infrastructure to service the development and contributes to the provision of community infrastructure in the form of open space.

Clause 21.04 – Settlement - The Development Plan facilitates the development of land that has been reserved for residential growth. Land outside the UGB is to be transferred to Council and will form part of the broader Quarry Hills Regional Parkland. The Development Plan also provides for the protection of River Red Gums.

Clause 21.08 – Built Environment and Heritage - The proposal responds to existing site features and constraints and includes requirements to ensure that future development responds to matters including sloping land, passive surveillance of open space areas and high quality urban design outcomes.

Clause 21.09 – Housing - The Development provides the opportunity for a diversity of housing options and an increase in housing supply in an area that is proximate to the PPTN and other services and facilities.

link to strategic risks

Strategic Risk Contaminated Land - Failure to prevent significant negative impact of Council’s decisions and management relating to contaminated sites

An Environmental Site Assessment (ESA) has been prepared in support of the proposal which identified an area on the site associated with fuel storage tanks on the site as having potential for contamination and provided conditions to manage the identified risk.

The submission from the Environmental Protection Authority (EPA) subsequently indicated that an Environmental Audit should be completed, before the construction of a sensitive use commences on that part of the site identified with potential for contamination. In response to concerns raised by the proponent regarding the need and timing for the audit, further discussions were conducted with the EPA. The EPA provided further detailed advice in support of their recommendation for the need for an Environmental Audit.

In response to this further correspondence, the Development Plan has been modified to include the requirement for an Environmental Audit and the timing for the audit prior to the issue of a statement of compliance for any residential subdivision. It is noted that this type of topical contamination associated with normal farm operations in growth areas is not uncommon.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Liveable neighbourhoods

Key Direction              Housing for diverse needs

The Development Plan will ensure that the residential development of the site is well designed and will provide for housing diversity in an area close to existing services and facilities, whilst responding to site features and constraints. The proposal provides a perimeter road along Quarry Hills Regional Parkland, permeable street network and connection to the broader area and supports the creation of the shared trail/green link along Hunters Road to the north of the site. The proposal will also ensure the protection of native vegetation to ensure that any development has a positive contribution to the character and environment of the local area.

Declarations of Conflicts of Interest

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

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

Conclusion

The 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020) has been developed in consultation between Council officers and the consultants acting on behalf of the landowner. The planning assessment process has resulted in further refinements to the plan, with further amendments made to the body of the Development Plan report to address submissions made during the non-statutory exhibition period.

The Development Plan responds to the site features and constraints affecting the site and will ensure that the residential development of the site will generally be in keeping with the surrounding residential development. It also seeks to provide a diversity of housing in an area proximate to the PPTN, including Hawkstowe Train Station.

Development of the land will result in the transfer of approximately 45ha of land located outside the UGB to Council to form part of the Quarry Hills Regional Parkland.

New accessways will be provided from the Development Plan area to the two privately owned properties at 50 and 60 Hunters Road. The local road network will run parallel to Hunters Road effectively maintaining the current access to these properties albeit in an urban environment. These new accessways will facilitate commencement of a process to discontinue that part of Hunters Road between Millstream Way and 75 Hunters Road, which is ultimately to be retained as a green link/shared trail. Public access to the proposed Quarry Hills Regional Parkland will be provided directly from Hunters Road in the north-western corner of the site.

It is recommended that the Development Plan (refer Attachment 1) is approved by Council in accordance with Schedule 5 and Schedule 27 of the Development Plan Overlay (Clause 43.04) of the Whittlesea Planning Scheme.

 

THAT Council resolve to:

1.       Approve the 80 McArthurs Lane and 25 Hunters Road, South Morang Development Plan (August 2020) as shown in Attachment 1, prepared in accordance with Schedules 5 and 27 to Clause 43.04 Development Plan Overlay of the Whittlesea Planning Scheme; and

2.       Notify the proponent and the submitters of Council’s resolution.

Council Resolution

 

Moved:                       Administrator Wilson

Seconded:               Administrator Billson

 

THAT Council resolve to adopt the Recommendation.

Carried

 


UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.2.3      Application for multi lot subdivision, construction of 12 dwellings on a lot, native vegetation removal (including removal of three (3) River Red Gums) and creation of easements and reserves - 104-110 Schotters Road Mernda - 719072

Attachments:                        1        Locality Map

2        Architectural Plans - Site

3        Architectural Plans - Internal

4        Subdivision Layout Plan

5        Arborist Report   

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Statutory Planner   

 

APPLICANT:                                  Linear Land Surveying

COUNCIL POLICY:              22.01     Environmentally Sustainable Development

22.02     Integrated Water Cycle Management       

22.03     Bushfire Management Policy 

22.10     River Redgum Protection Policy

22.11     Development Contribution Plan Policy

ZONING:                               General Residential Zone

OVERLAY:                            Development Plan Overlay – Schedule 34

Vegetation Protection Overlay – Schedule 1

REFERRAL:                          APA Group, AusNet, Country Fire Authority, Melbourne Water, Yarra Valley Water

OBJECTIONS:                      None

 

RECOMMENDATION SUMMARY

That Council resolve to approve, subject to conditions, Planning Permit Application No. 719072 and issue a Planning Permit for the construction of 12 dwellings, multi lot subdivision, removal of native vegetation and creation of reserves and easements.

Brief overview

The proposal seeks approval for the construction of 12 dwellings, a 29 lot subdivision and creation of a tree reserve, removal of native vegetation and creation of easements on two (2) lots at 104 and 108-110 Schotters Road, Mernda.

The 12 dwellings proposed will be constructed on the lots less than 300m2 with remaining lots typically ranging up to 462m2, accessed either directly from Schotters Road or via a new internal road to be vacant lots on sold for private residential dwellings.

A total of eight indigenous trees are required to be removed and two River Red Gums will be retained and protected via permit conditions and within the proposed tree reserve.  Three of the trees being removed are River Red Gums with a diameter at breast height (DBH) over 50cm (Trees 3, 4, 21).

rationale for recommendation

The removal of River Red Gums on the site is required to achieve the outcomes of the Mernda Township Development Plan Overlay and facilitate the delivery of residential lots in a location nominated for increased density. The application has fully sought to minimise the extent of vegetation removal while facilitating an appropriate development outcome. Importantly, the most significant River Red Gum on site has been retained and incorporated into the development layout.

impacts of recommendation

The approval of this permit will provide for new dwellings in an area with good access to public transport, services and amenities. The permit will result in the removal of three (3) large River Red Gums, however a juvenile and large, old River Red Gum will be retained within a tree reserve.

what measures will be put in place to manage impacts

A tree reserve will provide for the protection of a significant River Red Gum to the rear of the site. This allows for the retention of the natural features of the area and provides for a high level of amenity to future residents. A juvenile River Red Gum which falls within the reserve will also subsequently be retained.

Additional conditions to be placed on the permit will ensure the full protection of the trees to be retained throughout the construction works to create the lots and road connections. The removal of native vegetation will also be offset by the developer by a payment managed through conditions on any permit to issue.

 

Report

SITE AND SURROUNDING AREA

The subject site comprises of two (2) allotments on the eastern side of Schotters Road between Johnsons Road and Hayes Road (see Attachment 1).  

Other features of the site are as follows:

·    The allotments are generally rectangular in shape and have a total front and rear boundary with a maximum width of 81.13 metres and side boundaries of 140.82 metres. The site has a total are of 1.14 hectares.

·    Each allotment currently contains a dwelling, outbuildings and scattered vegetation.

·    Both allotments have a 2 metre fall from north to south.

The surrounding area to the east and south currently consists of rural residential properties. The Plenty River is approximately 320 metres east of the subject site. The site directly adjacent to the east at 17-19 Johnsons road is vacant Council land which is the subject of a planning application for a similar residential outcome.

There is evidence of both medium and standard residential dwellings within the surrounding area, with medium density residential development at 120-124, 87-95 and 109 Schotters Road.  Adjacent to the site on the west side of Schotters Road are two heritage buildings currently used as the Mernda Uniting Church and Dance Club and a bakery. To the rear of these lots is the termination of the Mernda Rail Reserve.

The lot is well serviced by Mernda Train Station which is approximately 1.1 kilometres south and Mernda Recreation Reserve, 700 metres south on Schotters Road.

Plenty Road and Mernda Adventure Park and wetlands are within 100 metres east of the site (pedestrian connection provided through 97-105 Schotters Road) and Mernda Villages Shopping Precinct is 2.6 kilometres from the subject site.

Mernda Primary School, St Paul the Apostle Catholic Primary School, Mernda Central College, Laurimar Primary and Ivanhoe Grammar School – Plenty Campus are all within three kilometres of the site and Hazel Glen College and Mernda Park Primary are within four kilometres of the site.

restrictions and easements

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

Proposal

The proposal seeks approval for the construction of 12 dwellings, multi lot subdivision, removal of native vegetation and the creation of reserves and easements. Supporting plans and reports are detailed as follows: 

·    Attachment 2 is an architectural plan which provides the overall detail for the development of the 12 dwellings on the site;

·    Attachment 3 details internal floor plans for each dwelling type proposed;

·    Attachment 4 is the subdivision layout plan which shows all lots to be created, as well as the proposed creation of the roads, easements and reserves; and,

·    Attachment 5 is a biodiversity report which describes all trees proposed for removal and retention; the protection measures to be afforded to those trees to be retained and the impacts and measures to be taken to offset the removal of native vegetation that is proposed.

A summary of the proposed development of 12 dwellings is outlined in the following table:

 

Height/Scale

Number of Bedrooms

Setbacks

Private Open Space

Car Parking

Maximum Height

Dwelling No. 1, 2, 3, 7, 8

Double

4

4m front

4.4m rear

35.20 sqm

Single garage and tandem space

6.855m   (1 & 7)

6.655m  (2, 3 & 8)

Dwelling No. 4 & 5

Double

3

4m front

2m side to street

Garage on rear boundary

66.46 sqm (4)

46.80 sqm (5)

Double garage

7.02m (4)

6.655m (5)

Dwelling No. 6

Double

2

4m front

7.64m rear

61.11 sqm

Single garage and tandem space

6.655m

Dwelling No. 9 & 10

Single

4

4m front

4.2m rear

1.15/1.2m side

77.98 sqm

Single garage and tandem space

4.465m

Dwelling No. 19 & 20

Single

4

4m front

3.2m rear

1.15/1.2m side

69.18sqm

Single garage and tandem space

4.465m

A summary of the proposed subdivision and native vegetation removal is outlined below:

·    The proposal will create a total of 29 lots and one (1) 605m2 tree reserve. Lots range from 198m2 – 462m2.

·    All lots less than 300m2 are the subject of the development components above. The total area of the proposed development component is 2,727m2.

·    Lots over 300m2 are to be created as vacant residential land.

·    Lots are generally north-south oriented, with lots 1 – 8 oriented east-west.

·    A 16 metre wide east-west road reservation is to be provided through the centre of the site, with only lots 1 – 8 fronting to Schotters Road. It is noted that lots 4 and 5 will have vehicle access from the internal road.

·    A 7 metre wide sewerage/drainage reserve is nominated to the rear of the site.

·    A total of eight (8) indigenous trees are nominated to be removed: Tree 2 - Yellow Box with a DBH of 47cm; Trees 3, 4, 21 - River Red Gums with a DBH over 50cm; and Trees 6, 19, 20, 22 - River Red Gums with a DBH less than 50cm.

·    Two (2) indigenous trees are nominated to be retained within a tree reserve in the north-east corner of the site; Tree 5 - River Red Gum with a DBH of 35cm and Tree 7 – River Red Gum with a DBH of 112cm.

Public Notification

Advertising of the application has resulted in no objections being received.

 

ASSESSMENT AGAINST CLAUSE 22.01 OF THE WHITTLESEA PLANNING SCHEME

Clause 22.01 (Environmentally Sustainable Development) applies throughout the City of Whittlesea to residential and non-residential development that requires a planning permit in accordance with the thresholds set out in this policy. This clause requires the provision of a Sustainability Management Plan (SMP) and Green Travel Plan (GTP).

A SMP and GTP were provided as part of the application and were considered appropriate, subject to minor amendments to the SMP, which can be addressed as conditions on any permit to issue.

ASSESSMENT AGAINST CLAUSE 22.02 OF THE WHITTLESEA PLANNING SCHEME

Clause 22.02 (Integrated Water Cycle Management) applies throughout the City of Whittlesea for all land within the Urban Growth Boundary (UGB) to new buildings and works, extensions greater than 50 square metres and subdivisions. The clause seeks to improve the quality of stormwater and reduce the flow of water discharged to waterways through various strategies.

It is considered that the development and subdivision can achieve these strategies through collection and reuse of rainwater and stormwater on site. The site currently achieves 88% of Melbourne Water STORM Best Practice Stormwater treatment goals. These strategies can be managed and implemented through conditions on any permit to issue. 

ASSESSMENT AGAINST CLAUSE 22.03 OF THE WHITTLESEA PLANNING SCHEME

Clause 22.03 (Bushfire Management Policy) applies throughout the City of Whittlesea to all land within a Designated Bushfire Prone Area as outlined in the Building Regulations 2006, which are not already covered by a Bushfire Management Overlay (BMO).

An assessment against the policy requirements for the subdivision component of this application demonstrate that the development has appropriately considered the bushfire hazard on the land and implements the necessary management and protection measures. The proposal meets all CFA requirements, including through the provision of fire hydrants. Adjacent land contains non vegetated or low threat vegetation (managed grasslands) ensuring low BAL ratings (12.5) for each new dwelling can be achieved. All residences will front a public road for safe access/egress and further allowing access to be available for emergency vehicles during and post construction.

ASSESSMENT AGAINST CLAUSE 22.10 OF THE WHITTLESEA PLANNING SCHEME

Clause 22.10 (River Red Gum Protection Policy) applies to the protection of River Red Gums located in urban and rural areas throughout the City of Whittlesea.

The proposal has been assessed against the policy and is considered to be consistent with the objectives and requirements. The mature River Red Gum is to be retained and incorporated into the subdivision and will be protected within a public tree reserve. The reserve further provides for the retention of a smaller River Red Gum within the area, whilst those to be removed are appropriate in context of the residential zoning of the land. 

ASSESSMENT AGAINST CLAUSE 22.11 OF THE WHITTLESEA PLANNING SCHEME

Clause 22.11 (Development Contributions Plan Policy) applies to new residential and non-residential subdivisions throughout the City of Whittlesea.

The proposal has been assessed against the policy and is considered to be consistent with the objectives and requirements. Developer contributions will be payable in accordance with the Mernda Local Structure Plan – Part 1 (Dec 1998) and this requirement will be managed via conditions on any permit to issue.

ASSESSMENT AGAINST CLAUSE 55 OF THE WHITTLESEA PLANNING SCHEME

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

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

B1

Neighbourhood Character

P

Condition required

It is considered that the design response is consistent with the current and emerging neighbourhood character and adequately responds to the features of the site. Further consideration should be given to the response of building materials that adequately respond to the weatherboard and natural elements of the landscape. This can be resolved through conditions on any permit to issue and are discussed further in detailed design.

B2

Residential Policy

P

P

 

B3

Dwelling Diversity

P

P

 

B4

Infrastructure

P

P

 

B5

Integration with the street

P

P

 

B6

Street setback

P

P

 

B7

Building height

P

P

 

B8

Site coverage

P

P

 

B9

Permeability

P

P

 

B10

Energy efficiency

P

Condition required

There are no existing developments with rooftop solar on adjacent lots. Living areas are primarily oriented to ensure windows with north or eastern aspects, except to Lots 19 and 20 which are oriented to the south. The provision of an additional east facing window to the living areas of both lots is considered appropriate to increase daylight and solar energy to these spaces.

B11

Open space

N/A

N/A

Only applicable if public or communal open space is to be provided on site or adjacent to the development. It is noted that the reserve to the rear of the site does not have a direct relationship with any of the medium density lots.

B12

Safety

P

P

 

B13

Landscaping

P

Condition required

A landscape plan will be required as a condition on any permit to issue.

B14

Access

P

P

 

B15

Parking location

P

P

 

B17

Side and rear setbacks

P

P

 

B18

Walls on boundaries

P

P

 

B19

Daylight to existing windows

P

P

 

B20

North-facing windows

P

P

 

B21

Overshadowing open space

P

P

 

B22

Overlooking

P

P

 

B23

Internal views

P

Condition required

Dwellings 1 and 8, Bedroom 3 windows have direct views into the SPOS of the adjacent lots to the east (9 and 19). These windows are to be screened to 1.7m above FFL in accordance with ResCode standards.

B24

Noise impacts

P

P

 

B25

Accessibility

P

P

 

B26

Dwelling entry

P

P

 

B27

Daylight to new windows

P

P

 

B28

Private open space

P

P

 

B29

Solar access to open space

P

P

 

B30

Storage

P

Condition required

6 cubic metres storage to all dwellings has not been nominated on the submitted plans. Sufficient area is available on site to provide externally accessible, secure storage space and this will form part of the conditions on any permit to issue.

B31

Design detail

P

Condition required

The dwellings provide a reasonable level of façade articulation and detailing, however minimal variation in materials has been nominated.

A condition will form part of any permit to issue that an additional material be nominated to provide further articulation and visual interest to the dwelling designs and reduce the visual bulk of the development.

 It is further considered that the use of a weatherboard or natural material would contribute to the existing neighbourhood character where these materials are evidenced as per B1 above. 

B32

Front fences

P

P

 

B33

Common property

P

P

 

B34

Site services

P

P

 

ASSESSMENT AGAINST CLAUSE 56 OF THE WHITTLESEA PLANNING SCHEME

The following table provides details on whether the proposal complies with the requirements of Clause 56 of the Whittlesea Planning Scheme.  Under these provisions a development:

·    Must meet all of the objectives

·    Should meet all of the standards

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

 

ü - Compliance
× -  Non compliance

Objectives

Standards

Comments

C1

Policy Implementation

P

P

 

C2

Compact and Walkable Neighbourhoods

N/A

N/A

 

C3

Activity Centre

N/A

N/A

 

C4

Planning for Community Facilities

N/A

N/A

 

C5

Built Environment

P

P

 

C6

Neighbourhood Character

N/A

N/A

 

C7

Lot Diversity and Distribution

P

P

 

C8

Lot Area and Building Envelopes

P

P

 

C9

Solar Orientation

P

P

 

C10

Street Orientation

P

P

 

C11

Common Area

N/A

N/A

 

C12

Integrated Urban Landscape

P

Condition required

Detailed landscape plans will be required to be provided by condition on any permit issued. 

C13

Public Open Space Provision

P

P

No open space is required within the subject site per the concept plan at Clause 43.04-7. A tree reserve is nominated within the subject site which will incorporate the natural features of the subject site and the future linear drainage reserve.

C14

Integrated Mobility

N/A

N/A

 

C15

Walking and Cycling Network

P

P

 

C16

Public Transport Network

N/A

N/A

 

C17

Neighbourhood Street Network

P

P

 

C18

Walking and Cycling Network Detail

P

P

 

C19

Public Transport Network Detail

P

P

 

C20

Neighbourhood Street Network Detail

P

P

 

C21

Lot Access

P

P

 

C22

Drinking Water Supply

P

P

 

C23

Reused and Recycled Water

P

P

 

C24

Waste Water Management

P

P

 

C25

Urban Run-off Management

P

Condition required

The proposed development deals with stormwater management in accordance with the requirements of Melbourne Water and the Responsible Authority.  

C26

Site Management

P

Condition required

The requirement for a site management plan will be included as a condition on any permit issued.

C27

Shared Trenching

P

P

 

C28

Electricity, Telecommunications and Gas

P

P

 

C29

Fire Hydrants

P

P

 

C30

Public Lighting

P

P

 

assessment against clause 42.02 and schedule 1 of the whittlesea planning scheme

This clause is the Vegetation Protection Overlay, the purpose of which is:

·    To implement the Municipal Planning Strategy and the Planning Policy Framework.

·    To protect areas of significant vegetation.

·    To ensure that development minimises loss of vegetation.

·    To preserve existing trees and other vegetation.

·    To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance.

·    To maintain and enhance habitat and habitat corridors for indigenous fauna.

·    To encourage the regeneration of native vegetation.

The subject site is within an area identified as River Redgum Grassy Woodland and vegetation within the area which is of particular significance includes River Red Gums, Black Box, White Box and Grey Box, Yellow Box and various native grasses.

The proposal retains and protects the most significant vegetation within the site, identified as Tree No. 7. A smaller River Red Gum, Tree No. 5, is also retained through the creation of the reserve, while a total of seven (7) other River Red Gums and one (1) Yellow Box are to be removed. Only three (3) of the River Red Gums to be removed have a DBH over 50cm.

All trees to be removed are of fair to good health, however the site presents a lack of species diversity and trees with low structural complexity. Importantly then, these trees are considered unlikely to provide critical habitat for any rare or threatened species. To offset the removal of the trees, native vegetation offsets are payable and will be required as a condition on any permit to issue. 

On assessment of the proposal holistically, vegetation removal has been minimised to the maximum extent possible, while still facilitating an appropriate development outcome for the site consistent with the concept plan at Clause 43.04-7 (Development Plan Overlay – Schedule 34).

To further protect the trees to be retained on site and ensure their long-term viability, the subdivision layout plan is to be amended via a condition on the permit to include a notation to require the realignment of any drainage infrastructure within the easement when constructed, to ensure it does not fall within the Tree Protection Zone (TPZ) of any retained trees. It is further noted that the subdivision layout plan only shows Tree 7 to be retained, as such an additional condition on any permit to issue will ensure that Tree 5 (the juvenile tree) is also clearly shown to be retained and protected.

ASSESSMENT AGAINST CLAUSE 43.04 AND SCHEDULE 34 OF THE WHITTLESEA PLANNING SCHEME

This Clause is the Development Plan Overlay that seeks to implement the Mernda Township Development Plan.

The overlay applies to land within the Mernda Township with the objectives as follows:

·    To ensure a well-connected subdivision pattern that is considerate of the existing Township character and integrates current and future land uses.

·    To promote a more connected street-based layout that will establish a relationship with the Mernda Town Centre and broader Mernda-Doreen Growth Corridor.

It is noted that a Development Plan for the area has not been prepared, however the development and subdivision is considered to be generally in accordance with the Concept Plan at Clause 43.04-7 of the Whittlesea Planning Scheme. The proposal is reflective of the strategic intent of the Concept Plan and the proposed subdivision will not prejudice the orderly use and development of the land. As such, a permit may be granted for the proposal prior to the approval of a Development Plan in accordance with Clause 43.04-2. The creation of the lots to the front of the site, adjacent to Schotters Road, as medium density dwellings, with areas of between 198-200m2 is consistent with the Concept Plan at Clause 43.04-7. The proposed east-west road through the site is further consistent with the Plan and will later extend east to the Plenty River when lots to the east develop.

Previous planning approvals to the north of the site have resulted in medium density residential development with private access from Schotters Road.  As a result of these approvals (primarily 112-114 and 116-118 Schotters Road) the central north-south road shown on the Concept Plan is not able to be realised.  Further, as part of the detailed planning for the vacant Council land to the east, the depth of that land has required the north-south access road nominated on the Concept Plan to be moved further east to support a more integrated development outcome for that site and ensure that all proposed residential lots front onto the local street network. Whilst this road reserve is no longer required to be provided, it is noted that the submitted plans now nominate part of this area as a drainage reserve to support a future Melbourne Water pipe in this location.

Noting there has been some departure from the Concept Plan by other approvals on adjacent land, this proposal has achieved a high level of compliance with the intended outcomes of the Concept Plan and the Mernda Local Structure Plan – Part 1 (Dec 1998). The proposal results in a well-connected, grid type subdivision pattern that provides for a supply of residential lots and medium density development, which will contribute to the emerging urban residential context of the area.

Developer contributions in accordance with the rates set out in the Mernda Local Structure Plan – Part 1 (Dec 1998) are applicable to the subject site. This requirement will be managed through conditions on any permit to issue. In addition, Open Space Contributions are required in accordance with Clause 53.01 and the Subdivisions Act 1988.

CAR PARKING 

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

Dwelling No.

No. of bedrooms

Car spaces required

Car spaces provided

Complies

1, 2, 3, 6, 7, 8, 9, 10, 19, 20,

4

2

2

Yes

4 & 5

3

2

2

Yes

Garages should be at least 6.0m long and 3.5m wide for a single space and 5.5m wide for a double space (measured inside the garage or carport).  An open car space should be at least 4.9m long and 2.6m wide. The proposal complies with these requirements. All accessways are a minimum of 3.0 metres in width and corner splays can be nominated to the frontages.  

It is noted that an additional one (1) visitor space to every five (5) dwellings for development of five (5) or more dwellings is required. It is considered reasonable to waiver this requirement for this application, as all dwellings front onto a public road and no common property or shared accessways are provided to accommodate this provision. It is considered that on-street parking availability will be sufficient to meet the demands for visitor car parking to the site.

ASSESSMENT AGAINST CLAUSE 52.02 OF THE WHITTLESEA PLANNING SCHEME

The purpose of this clause is to enable the removal and variation of an easement or restrictions to enable a use or development that complies with the planning scheme after the interests of affected people are considered.

The proposal includes the creation of a reserve for tree protection purposes and an easement for drainage services to the eastern boundary. Further restrictions on Title to any lots to be created may be imposed, for the purposes of managing development in accordance with Council standards and to provide passive surveillance to the proposed tree reserve.

In addition, through the creation of residential lots in a greenfield area, the subdivision will result in the creation of easements to facilitate appropriate drainage and stormwater management of a residential area. It is considered that the proposed restrictions and easements are appropriate to facilitate the development of the land in accordance with the Concept Plan.

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, including Local Policies, and applicable Zoning, Overlays and Provisions.

The proposal demonstrates a satisfactory level of compliance, subject to minor modifications which will be managed through conditions on any permit to issue. The density and design of the development is acceptable and in accordance with the outcomes sought by the Mernda Township Concept Plan.

Conditions nominated within the permit below will manage both the dwellings and the development in line with the subdivision, before, during and after construction, in line with Council’s standards. These conditions further ensure the protection of vegetation within the site and the amenity of existing and future residents.

Accordingly, approval of the application is recommended, subject to the conditions within the recommendation below.

 

Recommendation

THAT Council resolve to approve Planning Application No. 719072 and issue a Planning Permit for the construction of 12 dwellings, multi lot subdivision, removal of native vegetation and creation of easements and reserves in accordance with the endorsed plans and subject to the following conditions:

Payments Required

1.   Prior to the endorsement of plans, the permit holder must pay to Council a contribution for infrastructure pursuant to the rates set out in the Mernda Local Structure Plan Part 1.  The contribution will be subject to the Consumer Price Index (CPI) applicable at the time of payment.

Amended Plan – Subdivision

2.   Prior to certification, an amended Subdivision Layout Plan 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 the permit. The plan must be drawn to scale with dimensions and an electronic copy must be provided. The plan must be generally in accordance with the Subdivision Layout Plan, Version F, as prepared by Paroissen Grant & Associates Pty. Ltd., but amended to show:

a.    The sewerage easement to be fully located outside of the tree protection zone of Tree No. 7.

b.    A notation that any drainage infrastructure within the easement must be designed to ensure protection of Tree No. 7 to be retained within the reserve.

c.    All vegetation within the site identified in accordance with the Arboricultural Assessment, as prepared by TreeSpace, dated 30 May 2020 and clearly nominated for retention or removal.  

Functional Layout Plan – Subdivision

3.   Before the submission and approval of construction plans (engineering plans) and the certification of the relevant plan of subdivision for each stage, a functional layout plan for the subdivision, to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. 

When approved, the functional layout plan will be endorsed and will then form part of the permit.  An electronic copy of the functional layout plan must be drawn at a scale of 1:500 to acceptable drafting standards.

The functional layout plan must be generally in accordance with the Subdivision Layout Plan endorsed under Condition 2, but amended to show:

a.    a fully dimensioned subdivision layout, including approximate lot areas, lot numbers, open space areas, widths of street reservations, stage boundaries and the relationship between the site/stage and the surrounding land;

b.   topography and existing features, including contours for the subject land and any affected adjacent land;

c.   identification by survey of all trees (or group of trees) existing on the site, including dead trees and those that overhang the site from adjoining land.  All trees proposed for removal shall be designated with a cross;

d.   details of tree protection zones (TPZs), for all trees to be retained on site and overhanging from adjoining sites in accordance with the City of Whittlesea TPZ standard;

e.   typical cross-sections for each street type, dimensioning individual elements, services offsets and any other spatial requirements;

f.    a table of offsets for all utility services and street trees;

g.   location and alignment of kerbs, indented parking spaces, footpaths on the subject land and between the subject land and the nearest other subdivision, shared paths on the subject land and between the subject land and the nearest other existing subdivision, bus stop locations marked with a cross;

h.   the location of any traffic management devices required to service the subdivision (signals, roundabouts, splitter islands, etc);

i.    provision of notional on-street parking for all lots at a rate of one space per lot;

j.    swept path diagrams demonstrating that the road network (including laneways) have been designed for a 12.5m design service vehicle in accordance with Austroads Design Vehicle and Turning Path templates; 

k.   any spatial requirements for drainage as identified in the submitted Drainage Strategy and the proposed overland flow paths;  

l.    preliminary location of reserves for electrical kiosks; and

m.  works external to the subdivision, including both interim and ultimate intersection design requirements and layouts.

Amended Plans – Development

4.   Before the development hereby 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 27 August 2020 and prepared by GD Design Consultants but modified to show:

a.   Any changes to the architectural drawings to accommodate the spatial detail within any Functional Layout Plan endorsed in accordance with Condition 3.

b.   Screening to 1.7 metres above Finished Floor Level (FFL), with a maximum of 25 per cent openings or solid translucent panels, to dwellings 1 and 8, bedroom 3 windows to obscure internal views to the Secluded Private Open Space (SPOS) of the adjacent lots to the east (dwellings 9 and 19), in accordance with Standard B23, Clause 55.04-7 of the Whittlesea Planning Scheme. Screening is to be permanent, fixed and durable and designed and coloured to blend in with the development.

c.   An east facing window to the living areas of dwellings 19 and 20 to improve daylight and solar energy, in accordance with Standard B10, Clause 55.03-5 of the Whittlesea Planning Scheme.

d.   An additional alternative material to the first floor of all dwellings, such as weatherboard or a natural texture to reflect the character of the area, improve articulation and reduce the visual bulk of the development.

e.   Balustrading to dwelling 3 and 8 first floor balconies to be nominated as glazing or similar transparent material to improve articulation and reduce the visual bulk of the development.

f.    Further articulation to the northern first floor wall to dwelling 5 and southern first floor wall to dwelling 4 via a setback a minimum of 900mm to the ground floor wall of each dwelling.

g.   Further articulation to be nominated to the northern first floor wall of dwelling 5 and southern first floor wall to dwelling 4 through the use of varied materials to that of the ground floor and consistent with Condition 1b.

h.   6 cubic metres of externally accessible storage to each dwelling, in accordance with Standard B30, Clause 55.05-6 of the Whittlesea Planning Scheme.

i.    Any changes required to be reflected in accordance with Condition 5.

j.    A Sustainability Management Plan in accordance with Condition 5.

k.   A Landscape Plan in accordance with Condition 6.

Sustainability Management Plan – Residential Development

5.   Concurrent with the endorsement of plans under Condition 4 and before the development hereby permitted starts, a Sustainability Management Plan 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 amended plans and Sustainability Management Plan must be generally in accordance with the submitted Sustainable Design Assessment dated 27 May 2020 prepared by Low Impact Development Consulting, but modified to show following –

a.   The development must achieve a 6.5-star average NatHERS Rating with each dwelling meeting the minimum 6-star NatHERS rating requirement. Cooling load must not exceed 28 MJ/sqm for each dwelling.

b.   50% of living areas are not oriented to north, hence points cannot be claimed for BESS IEQ 3.3.

c.   Light or medium coloured roof to reduce Urban Heat Island Impact. Roof selected must have a solar reflectance of more than 0.15.

d.   Appliances like dishwashers and washing machines if not provided by the developer must be inputted as ‘Default or Unrated’ in BESS rating. Bath if provided must not be ‘scoped out’.

e.   Provide appropriate shading to all North, East and West facing windows.

Indicate following commitments on plans -

i.      Appropriate shading to all sliding doors opening to private open spaces.

ii.     Sensors for external lighting.

iii.     Infrastructure (Junction box/ Power Point) in the garage to accommodate infrastructure for charging electric vehicles in future.

iv.    Bike space in garage for each dwelling.

v.     3 visitor bike parking spaces as per BESS report.

vi.    Taps in private open spaces connected to the rainwater tanks.

 

 

Annotate following commitments on plans -

vii.   6.5 Star NatHERS rating average to be achieved for the development.

viii.   Double glazing to all dwellings.

ix.    2,000L rainwater tank connected for flushing and irrigation.

x.     Native or drought tolerant species wherever possible. If irrigation required, include drip irrigation and mulch.

xi.    Light/Medium coloured roof with a solar reflectance more than 0.15

Landscape Plan – Residential Development

6.   Concurrent with the endorsement of plans under Condition 4 and before the development hereby permitted commences, a landscape plan prepared by a suitably qualified (or experienced) landscape designer to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of this permit. The landscaping plan must be generally in accordance with the plan endorsed under Condition 2. The plan must show:

i.    Details of landscaping in all open spaces within the development including a schedule of all proposed trees, shrubs and ground covers;

ii.    The provision of one (1) indigenous canopy trees with a minimum mature height of 7 metres planted at a semi-advanced state within the front setback of each dwelling;

iii.   The provision of one (1) indigenous canopy trees with a minimum mature height of 5 metres planted at a semi-advanced state within the rear setback of each dwelling;

iv.  The provision of screen planting adjacent to the driveway areas (within 500mm landscape strip) to a minimum mature height of 1.5 metres;

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

vi.  Consistency with the City of Whittlesea Landscape Guidelines for Residential Development, including planting densities;

vii.  Stormwater management details as per the STORM/MUSIC report, including the specific sizes and location of the rainwater harvesting tanks, etc; and

viii. If proposed; a section detail of permeable paving.

Restriction on Plan of Subdivision – Design Requirements

7.   Prior to the certification of the Plan of Subdivision, a restriction must be nominated on the Plan of Subdivision for lots 11-18 and 21-29 (inclusive), requiring that:

a.   the side wall of any wall above the ground level of a dwelling on a corner lot must not be constructed:

i.    less than 900mm from the external façade of the ground level wall that faces a side street; or

ii.    with less than 30% glazing for the area of the wall and the remainder of the wall must be constructed in contrasting material finishes to that of the ground floor wall.

b.   any garage on a burdened lot must not be constructed less than 5 metres from the road alignment at the front of the lot; and

c.   development of lots with a width of 10 metres or less where measured at the front wall of the dwelling, must not contain any garage other than a single garage opening where access is proposed from the lot frontage.

 

The restriction is to then be registered on the Plan of Subdivision.

 

Restriction on Plan of Subdivision – Building Envelopes

8.   Prior to the certification of the Plan of Subdivision for each stage, a plan showing Building envelopes for lots 11-18 and 21-29 (inclusive), is to be submitted and approved by the Responsible Authority.

The plan may not require a building envelope for a lot if:

·    The lot is less than 300 square metres in area

The approved Building Envelope plan is to then be applied to the associated Plan of Subdivision and registered accordingly.

 

The Building Envelope for any lot will be deemed to expire for that lot:

·    After the issue of a Certificate of Occupancy for the whole of the building (where the lot may only contain one habitable building);

Or

·    After 10 years from the date of certification of the Plan of Subdivision containing that lot. 

Whichever occurs first.

CONDITIONS TO BE SATISFIED PRIOR TO COMMENCEMENT OF WORKS

Native Vegetation Permitted to be Removed, Destroyed or Lopped

9.   The native vegetation permitted to be removed, destroyed or lopped under this permit is 0.163 hectares of native vegetation, which is comprised of:

·    0.023 hectares of patch native vegetation, with a strategic biodiversity value of 0.100, and;

·    5 scattered small trees

Native Vegetation Offsets

10. To offset the removal of 0.163 hectares of native vegetation, the permit holder must secure the following native vegetation offsets in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017):

·    A general offset of 0.030 general habitat units:

·    Located within the Port Phillip and Westernport Catchment Management boundary or Whittlesea municipal area

·    With a minimum strategic biodiversity value of at least 0.080.

Evidence of Native Vegetation Offsets

11. Before any native vegetation is removed, evidence that the required offset by this permit OR for each stage of the subdivision/project has been secured must be provided to the satisfaction of the Responsible Authority. This evidence must be one or both of the following:

a.   an established first party offset site including a security agreement signed by both parties, and a management plan detailing the 10-year management actions and ongoing management of the site, and/or

b.   credit extract(s) allocated to the permit from the Native Vegetation Credit Register.

 

A copy of the offset evidence will be endorsed by the responsible authority and form part of this permit. Within 30 days of endorsement of the offset evidence, a copy of the endorsed offset evidence must be provided to Planning Approvals at the Department of Environment, Land, Water and Planning Port Phillip regional office via ppr.planning@delwp.vic.gov.au.

 

Where the offset includes a first party offset(s), the permit holder must provide an annual offset site report to the responsible authority by the anniversary date of the execution of the offset security agreement, for a period of 10 consecutive years. After the tenth year, the landowner must provide a report at the reasonable request of a statutory authority.

Native Vegetation Report

12. The Department of Environment, Land, Water and Planning native vegetation report ID number 373-20200314-005 and dated 14 March 2020, must be endorsed as part of this planning permit.

Landscape Masterplan – Subdivision

13. Prior to the approval of any construction plans (engineering plans), a landscape masterplan to the satisfaction of the responsible authority for the entire subdivision must be submitted to and approved by the Responsible Authority.  When approved, the landscape masterplan will be endorsed and will then form part of the permit.  The landscape masterplan must be drawn to scale with dimensions and three copies must be provided.  The landscape masterplan must show:

a.   the overall landscaping theme to be developed for the subdivision;

b.   the type or types of species to be used for street tree planting in the subdivision;

c.   the principles of the proposed treatment of the open space and drainage reserves; and

d.   a management plan for the Red Gums proposed for retention to ensure their integrity during the site development and landscape maintenance period must be submitted with the landscape masterplan – to include tree protection bollards or similar within the tree reserve to protect any trees while this area is used as a temporary turn around area.

 

The endorsed Landscape Masterplan must be implemented to the satisfaction of the Responsible Authority.

Telecommunication Services Agreement

14. The owner of the land must enter into an agreement with:

a.    a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

 

b.   a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Civil Engineering Plan, Landscape Works Plan and Site Management Plan - Subdivision

15. Before any works associated with the subdivision (or staged subdivision) commence, a detailed civil engineering plan, and a site management plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  The civil engineering plan, and site management plan will not be considered or approved until the functional layout plan(s) for the relevant stage has been approved by the Responsible Authority, the plan of subdivision has been certified, a draft landscape works plan for the relevant stage has been submitted for comparison against the civil engineering plan and the locations of other authorities’ services have been provided to the satisfaction of the Responsible Authority. When approved, the civil engineering plan, landscape works plan and a site management plan will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must include:

a.   a civil engineering plan including:

i.         specifications of the proposed works that are to become public assets within and outside of the subdivision as required by this permit;

ii.         all necessary computations and supporting documentation, including a Certificate of Compliance (design) for any structure, traffic data, road safety audit and geotechnical investigation report;

iii.        all details of works consistent with the approved functional layout plan, submitted draft landscape works plan and lodged plan of subdivision;

iv.       design for full construction of streets and underground drainage, including measures to control / capture pollutants and silt;

v.        provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan;

vi.       provision of public lighting and underground electricity supply within all streets;

vii.       traffic control measures;

viii.      provision of street name plates to the Council standard design including a schedule of individual signs and associated street numbers;

ix.       provision of footpaths in all streets and reserves and between the subject land and the nearest other existing subdivision in accordance with the approved functional layout plan;

x.        shared paths in accordance with the approved Development Plan within streets and reserves;

xi.       provision of underground easement drains of sufficient capacity to serve all lots being created to a legal point of discharge and the provision of an inlet on each such lot;

xii.       the location and provision of vehicle exclusion mechanisms abutting reserves;

xiii.      details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves;

xiv.     appropriate mechanisms for protecting environmental and heritage assets during the construction phase of the subdivision;

xv.      provision for the utilisation of any surplus top soil from this stage;

xvi.     permanent survey marks;

xvii.     unless an alternative empty conduit network is being installed that is suitable for fibre optic infrastructure and the applicant has evidence of an access agreement between the carrier putting in the conduit and the National Broadband Network Company, the provision of conduits, including pits and ancillary works for optical fibre telecommunications services or any equivalent alternative approved by the Responsible Authority and the conduit shall be designed in accordance with clause 22.13 Telecommunications Conduit Policy of the Whittlesea Planning Scheme and Planning Guidelines for Conduits for Optic Fibre Services, 2001;

xviii.     survey details of the canopy trunk location and size of trees to be retained and associated tree protection zones;

xix.        details in relation to all filling on the site which must be compacted to specifications approved by the Responsible Authority;

xx.        the relocation underground of all existing aerial services, including electricity and telecommunications assets, within streets abutting the subdivision;

xxi.        the location of any earthworks (cut or fill) or service provision in a location outside the designated tree protection zone which does not adversely impact on the health and integrity of any trees to be retained; and

xxii.       a separate signage and line marking plan identifying the road layout, proposed signs, line marking, RRPMs and a sign schedule.

xxiii.      a landscape works plan to be submitted including:

xxiv.     all details of works consistent with any approved landscape masterplan;

xxv.      the removal of all existing disused structures, foundations, pipelines or stockpiles and the eradication of weeds;

xxvi.    all proposed street-tree planting using semi - advanced trees; with maximum container size of 45 litres or equivalent (larger sizes will incur additional establishment and extended maintenance obligations);

xxvii.     earth shaping including the supply and spread of sufficient topsoil and sub soil if required on the proposed areas of open space to provide a stable, free draining surface and hydro-seeding of proposed grass areas (including within the drainage reserve if applicable);

xxviii.    mechanisms for the exclusion of vehicles,

xxix.      all proposed open space and streetscape embellishments such as installation of pathways, park lighting, garden beds, seating, shelters, picnic facilities, boardwalks, tree planting, signage, drinking fountains, irrigation systems, playgrounds, artwork, retaining walls, protective fencing (temporary and permanent), wetlands and ornamental water bodies (including within the drainage reserve if applicable); and

xxx.      hazard reduction pruning of trees to be retained, to the satisfaction of the Responsible Authority.

Where sufficient detail is shown on the endorsed landscape masterplan, to the satisfaction of the Responsible Authority, stage landscape plans may not be required.

 

b.   a Site Management Plan which must:

i.          address occupational health and safety; traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority;

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

iii.         identify any site offices, workspaces, personnel rest and amenity areas, hardstands, material laydown areas, and stockpiles.

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

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

vi.        include measures to reduce the impact of noise, dust and other emissions created during the construction process;

vii.        demonstrate all environmental and cultural heritage and/or dry stone wall protection measures identified on a drawing(s) drawn to scale and prepared in accordance with Melbourne Water standards for such drawings;

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

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

x.         address any recommendations of any approved Cultural Heritage, Dry Stone Wall and Conservation Management Plans applying to the land;

xi.        identify the location and method of any Tree Protection Zones; and

xii.        ensure that all contractors working on the site must be inducted into an environmental management program for construction works.

All works must be carried out generally in accordance with the measures set out in the Site Management Plan approved by the Responsible Authority. The developer must keep the Responsible Authority informed in writing of any changes to the Site Management Plan.  If in the opinion of the Responsible Authority the changes represent a significant departure from the approved Site Management Plan then an amended Site Management Plan must be submitted to and approved by the Responsible Authority.

 

Tree Protection Zone Fencing

16. Before any buildings, works or demolition commence on a lot, open space and/or road reservation, each Tree Protection Zone on that lot, open space and/or road reservation must:

a.       be fenced with temporary fencing in accordance with the attached specifications, to the satisfaction of the Responsible Authority;

b.       include a notice on the fence to the satisfaction of the Responsible Authority advising on the purpose of the Tree Protection Zone, the need to retain and maintain the temporary fencing and that fines will be imposed for removal or damage of the fencing and trees.

The Tree Protection Zone temporary fencing must be maintained until works are completed; including the construction of a dwelling if the land is a lot, to the satisfaction of the Responsible Authority or until such earlier date as is approved by the Responsible Authority in writing.

 

A copy of the tree protection zone(s) are to be included in any contract for the construction of the estate or for any other works which may impact upon the trees.

Tree Protection Bonding

17. Prior to commencement of the subdivision hereby permitted, or at such later date as the Responsible Authority may approve in writing, there must be provided to the Responsible Authority a bank guarantee for the amount of $100,000 as security deposit for the satisfactory completion of the requirements in relation to tree preservation and to ensure that trees are not damaged during the construction phase.

 

Upon completion of the subdivision works to the satisfaction of the responsible authority, the bank guarantee will be returned to the developer.

 

Where it is determined to the satisfaction of the Responsible Authority that a tree covered by a tree protection envelope has been damaged as a result of buildings and works by the applicant or its contractors, to an extent that it affects detrimentally the life, health and appearance of the tree or its contribution to the streetscape, financial damages will be paid by the applicant with all monies to be used to purchase trees for planting on the land or to prune or otherwise rehabilitating existing trees, all to the satisfaction of the Responsible Authority. The extent of damages must be established through the appointment of an independent suitably qualified person.

Stormwater Drainage

18. Any stormwater drain, temporary drainage out falls and ancillary works, required as a condition of a Melbourne Water Drainage Scheme, or that are designated to become the responsibility of the Council for maintenance, must be designed and constructed to the satisfaction of the Responsible Authority.


Before the approval of construction plans for roadworks and drainage, the designs for such works and the details of maintenance requirements (asset management and maintenance schedule) must be submitted to and approved by the Responsible Authority. 

CONDITIONS TO BE SATISFIED DURING CONSTRUCTION WORKS

Layout Not Altered

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

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

Native Vegetation Removal

20. No native vegetation must be destroyed, felled, lopped, ring barked or uprooted, without the consent of the Responsible Authority.

Trees to be Removed

21. Wherever possible and appropriate, native trees to be removed should be retained for use in core conservation areas for habitat purposes or in open space as urban art, park furniture etc. to the satisfaction of the responsible authority.  All timber less than 300mm diameter and branch/leaf material should be shredded for reuse as mulch.

22. Each native tree nominated for removal or pruning works shall be suitably marked prior to its removal or works commencing and an inspection arranged with an appropriate Council officer to verify that the tree marked accords with this permit.

23. Prior to any removal or pruning works of native trees commencing, the subject tree must be inspected by an experienced Wildlife Handler to determine the presence of any native animals living or nesting in the tree.  Should any native animals be detected they must be caught and relocated to a site deemed appropriate by the Wildlife Handler.

Development and Works in Tree Protection Zones

24. No buildings or works, including loading and unloading, storage of materials, dumping of waste, vehicle access, parking or other construction activity is to occur within a tree protection zone without the written consent of and to the satisfaction of the Responsible Authority. 

Filling of Land

25. All filling on the site must be carried out, supervised, completed and recorded in accordance with AS 3798 (Guidelines on earthworks for commercial and residential developments) to specifications to the satisfaction of the Responsible Authority.  The geotechnical authority responsible for supervision and testing under this condition must be independently engaged by the applicant and not be engaged by the contractor carrying out the works.  Before the issue of a Statement of Compliance unless otherwise agreed in writing by the responsible authority, compaction test results and a report shall be provided to the satisfaction of the Responsible Authority. 

CONDITIONS TO BE SATISFIED PRIOR & DURING CONSTRUCTION OF DWELLINGS

Drainage Management – Residential Development

26. 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.

Construction Management Plan – Residential Development

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

a.   Be in accordance with the Responsible Authority’s Construction Management Plan template and include a detailed Site Management Plan.

b.   Address occupational health and safety, traffic management, environmental controls and cultural heritage and/or dry stone wall protection measures to the satisfaction of the Responsible Authority.

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

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

e.   Address the location of parking areas for construction and sub-contractors’ vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding properties.

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

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

h.   Measures to ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the storm water drainage system.

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

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

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

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

 

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

Drainage Works to Dwellings

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

General Amenity – Construction Works

29. Any litter generated by building activities on the site shall be collected and stored in an appropriate enclosure which complies with Council’s Code of Practice for building/development sites.  The enclosures shall be regularly emptied and maintained such that no litter overspills onto adjoining land.  Prior to occupation and/or use of the building, all litter shall be completely removed from the site.

30. During the construction phase, vehicles leaving the site must not deposit mud or other materials on roadways. Any mud or other materials deposited on roadways as a result of construction works on the site must be cleaned to the satisfaction of the Responsible Authority within two hours of it being deposited.

Car Parking and Access – Residential Development

31. 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.

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

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

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

Connection to Services

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

Dwelling Occupation

36. Except with the prior written consent of the responsible authority, the occupation of any building approved under this permit must not commence until:

a. A Statement of Compliance under the Subdivision Act 1988 is issued in respect of the plan of subdivision which creates the lot in the form assumed by this permit; and,

b. Each of the public works in respect of that Statement of Compliance has been completed to the satisfaction of the responsible authority.

37. Prior to the occupation of any building approved under this permit, a compliance inspection and report from the author of the Sustainability Management Plan (SMP) approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority.

The compliance report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SMP have been implemented in accordance with the approved documentation.

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

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

40. Upon completion of all buildings and works authorised by this permit the permit holder must notify the Responsible Authority of the satisfactory completion of the development and compliance with all relevant conditions.

CONDITIONS TO BE SATISFIED PRIOR TO ISSUE OF A STATEMENT OF COMPLIANCE

Construction of Dwellings

41. Prior to the issue of a Statement of Compliance for the subdivision permitted under this permit for lots 11-18 and 21-29 (inclusive), and the owner must;

a. complete construction of the buildings and works approved under this Planning Permit to the satisfaction of the Responsible Authority;

or

b. the owner of the land must enter into, and register on title, an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987, which amongst other things, provides that except with the consent of the Responsible Authority, the development of lots 11-18 and 21-29 (inclusive), created by the subdivision of the land must be in accordance with the development authorised by this Planning Permit issued by the Responsible Authority and the various conditions included in that Planning Permit and the development depicted in the plans from time to time endorsed pursuant to that Planning Permit.

The cost of the preparation or review of the agreement and its registration on the title to the land must be borne by the owner of the land.

Connection to Telecommunication Services

42. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a.   a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b.   a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Development and Open Space Contributions

43. Prior to the issue of a Statement of Compliance for any stage of the subdivision, development and open space contributions must be paid to the Responsible Authority in accordance with the approved Mernda Local Structure Plan – Part 2 (Dec 1998), unless otherwise agreed to in writing by the Responsible Authority.

Statement of Compliance with Deferment of Engineering Works - Subdivision

44. Prior to the issue of a Statement of Compliance for any stage or by such later date as is approved by the responsible authority in writing, the applicant may seek, to the satisfaction of the Responsible Authority, the issue of the Statement of Compliance but with deferment of completion of specified civil construction works shown on the endorsed construction plans and all or part of landscape construction works shown on the endorsed plans, provided the following requirements have been met:


Civil Works

a.       all relevant referral authorities have consented to the issue of a Statement of Compliance,

b.       civil construction works have been completed except for the wearing course asphalt works, the landscaping component of the works and any other minor works as agreed with the responsible authority,

c.       an amount equivalent to 150% the agreed estimated cost of outstanding civil construction works will be required by the responsible authority as security deposit,

d.       a works program is provided setting out the proposed timing of all outstanding construction works,

e.     a site safety plan that ensures continuous public safety measures are maintained until completion of the deferred works.

Upon completion of the deferred civil construction works the applicant must notify the responsible authority to enable its inspection.  If the works have been completed to its satisfaction, the Responsible Authority must refund fully the security deposit. 
Landscape Works

a.       An amount equivalent to 150% of the agreed estimated cost of outstanding streetscape / landscape construction plus an agreed amount for the maintenance works will be required by the Responsible Authority as security deposit.

b.       A works program is provided setting out the proposed timing of all outstanding landscape construction works.  Works must commence within 12 months of issue of Statement of Compliance for the given stage of the subdivision and must be completed prior to occupancy of any new dwelling within the given stage.

Upon completion of the deferred landscaping construction works, the applicant must notify the Responsible Authority to enable its inspection.  Subject to satisfactory completion of the deferred landscaping, a Certificate of Practical Completion for landscaping will be issued, triggering the commencement of the maintenance period.  If the works have been completed to its satisfaction, the responsible authority must refund fully the security deposit.

Foreign Resident Capital Gains Withholding Certificate

45. Prior to the issue of a Statement of Compliance for any stage of the subdivision, the permit holder must provide a valid Foreign Resident Capital Gains Withholding Certificate and a current copy of Title for the entire land.  The name on the Foreign Resident Capital Gains Withholding Certificate must match the name on Title.

CONDITIONS TO BE SATISFIED FOLLOWING CONSTRUCTION WORKS

Commencement of Street Tree Planting and Landscaping Works

46. Before any landscape works associated with the subdivision (or staged subdivision) commence, a landscape works plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The developer must notify the Responsible Authority a minimum of 7 days prior to commencing street tree planting and landscaping so that surveillance of the works can be undertaken.  At this time, the developer must provide written advice to Council from an independent and suitably qualified and experienced arborist confirming that the tree stock to be installed within the stage has been inspected and is healthy, free of root girdling, fit for purpose and meets all standards and benchmarks contained within AS2303:2018 – Tree Stock for Landscape Use.

Completion of Landscape Works – Subdivision

47. Within 3 months of the commencement of the landscaping works or by such later date as is approved by the Responsible Authority in writing, the landscape works shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.  Upon completion of the landscape construction works, the applicant must notify the Responsible Authority to enable its inspection.  Subject to satisfactory completion of the landscaping in accordance with the endorsed plan, a Certificate of Practical Completion for landscaping will be issued, triggering the commencement of the maintenance period.

Landscape Maintenance – Subdivision

48. All landscaping (except for grass in nature strips of streets abutting private property) shown on the approved stage landscape plans, must be maintained to the satisfaction of the responsible authority for a minimum period of 18 months ending on 31 May of the given year from the date of issue of a Certificate of Practical Completion of landscaping, including that any dead, diseased or damaged plants are to be replaced, bare areas of grass are re-established, mulched surfaces reinstated, damaged or faulty infrastructure repaired or replaced etc.  Rectification works must not be deferred until the completion of the maintenance period.

49. To ensure all assets as identified in the approved stage landscape plans are retained in a safe and functional state and to prolong functional life of the asset, landscape works shall be maintained in accordance with Council’s Minimum Landscape Maintenance Specification of Services and Works (May 2010).

50. Upon the completion of maintenance of the street tree planting and landscaping works, the developer must notify the responsible authority to undertake an inspection prior to the issue of the Certificate of Final Completion.

As Constructed Engineering Plans – Subdivision

51. City of Whittlesea requires As Constructed data from Consultants/Developers for newly built assets as per A-Spec (specifications to maintain Asset Registers).

Asset information must be projected to GDA94 in digital format to include D-Spec (drainage data), R-Spec (road data) and O-Spec (open space data) as per “A-Spec” specifications.

      Civil Works

Prior to Council’s consent to Practical Completion, the following must be submitted to    the satisfaction of the Responsible Authority:

      a.   a complete set of 'as constructed plans' of site works (amended if necessary to show any changes that may have occurred during construction), which include Civil, electrical and telecommunication works, in digital file format AutoCAD (recent version) and PDF.  The digital files must have a naming convention (Subdivision name_Stage) to enable identification of Council assets listed and should be projected to GDA94-MGA Zone 55.

  b.  a list of asset quantities which include the following Council assets:

i.        total length of Roads, Footpath, Kerb and Channel,

ii.       total number of Bridges, WSUD features, Traffic calming devices,

iii.      total length of pipe and number of pits for Drainage and Telecommunications,

iv.      total number of streetlights, and

v.       total number of road reserve assets.

 c. asset information must include D-Spec (drainage data) and R-Spec (road data)  as per “A-Spec” specifications (the Consultant/Developer Specifications for the delivery of digital data to Local Governments) in ESRI Shape Files (preferred format) or MapInfo with attributions.  All GIS and CAD data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.

Please refer to website for detailed A-Spec Standards:

http://www.a-specstandards.com.au/

 

Bonds will not be released until such time the drawings are delivered in the correct format to Council.

Landscape Works

Prior to Council’s consent to Practical Completion, the following must be submitted to the satisfaction of the Responsible Authority:

a. Landscape Architectural Drawings in the following format:

i.       One (1x) PDF images of “As-Constructed” plans,

ii.       One (1x) DXF (preferred format) or DWG files (recent version) including attribution, at 1:1 scale, and

iii.      All GIS data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.  Height must be based on Australia Height Datum (AHD).

b. “As Constructed detail” of the works as digital data for the Open Space assets information component of the subdivision, in accordance with the current version of O-SPEC.  The preferred format is:

i.      GIS Format (refer to O-SPEC for further information). – ESRI Shape files (preferred format) with attributions.

ii.     All GIS data submitted must be in Map Grid Australia Zone 55 projection and referenced to Geocentric Datum of Australia (GDA) 1994.  Height must be based on Australian Height Datum (AHD).

iii.    Referenced to existing PSM Survey marks where available.

Please refer to the following website for detailed O-Spec Standards:

http://www.a-specstandards.com.au/o-spec

Bonds will not be released until such time the drawings are delivered in the correct format to Council.

Removal of Top Soil

52. No top soil is to be removed from land covered by the subdivision without the written consent of the Responsible Authority.

Amenity

53. The amenity of the area must not be detrimentally affected as part of any development works by the use or development through the:

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

b.   Appearance of any building, works or materials; or

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

Reticulated Services

54. Reticulated water, drainage, sewerage and electricity reticulation underground must be available to each lot shown on the endorsed plans before any lot can be used for houses.

Landscaping and Stormwater Management

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

Permit Expiry

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

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;

c.    The plan of subdivision for the first stage is not certified within 2 years of the date of this permit; or

d.    The plan of subdivision for any subsequent stage of the subdivision is not certified within 2 years of the date of the certification of the previous stage of the subdivision.

e.    The registration of any stage of the subdivision is not completed within 5 years of the date of certification of the plans of subdivision

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.

REFERRAL AUTHORITY CONDITIONS

AusNet Conditions

57. The Plan of Subdivision submitted for certification must be referred to AUSNET ELECTRICITY SERVICES PTY LTD in accordance with Section 8 of the Subdivision Act 1988.

The applicant must –

·    Enter in an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for supply of electricity to each lot on the endorsed plan.

·    Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for the rearrangement of the existing electricity supply system.

·    Enter into an agreement with AUSNET ELECTRICITY SERVICES PTY LTD for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by AUSNET ELECTRICITY SERVICES PTY LTD.

·    Provide easements satisfactory to AUSNET ELECTRICITY SERVICES PTY LTD for the purpose of “Power Line” in the favour of “AUSNET ELECTRICITY SERVICES PTY LTD” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing AUSNET ELECTRICITY SERVICES PTY LTD electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

·    Obtain for the use of AUSNET ELECTRICITY SERVICES PTY LTD any other easement required to service the lots.

·    Adjust the position of any existing AUSNET ELECTRICITY SERVICES PTY LTD easement to accord with the position of the electricity line(s) as determined by survey.

·    Set aside on the plan of subdivision Reserves for the use of AUSNET ELECTRICITY SERVICES PTY LTD for electric substations.

·    Provide survey plans for any electric substations required by AUSNET ELECTRICITY SERVICES PTY LTD and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. AUSNET ELECTRICITY SERVICES PTY LTD requires that such leases are to be noted on the title by way of a caveat or a notification under Section 88 (2) of the Transfer of Land Act prior to the registration of the plan of subdivision.

·    Provide to AUSNET ELECTRICITY SERVICES PTY LTD a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

·    Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by AUSNET ELECTRICITY SERVICES PTY LTD. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

·    Ensure that all necessary auditing is completed to the satisfaction of AUSNET ELECTRICITY SERVICES PTY LTD to allow the new network assets to be safely connected to the distribution network.

Country Fire Authority Conditions

58. Prior to the issue of a Statement of Compliance under the Subdivision Act 1988 the following requirements must be met to the satisfaction of the CFA:

56.1. Above or below ground operable hydrants must be provided. The maximum distance between these hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of the lots) must be 120 metres and the hydrants must be no more than 200 metres apart. These distances must be measured around lot boundaries.

56.2. The hydrants must be identified with marker posts and road reflectors as applicable to the satisfaction of the Country Fire Authority.

Melbourne Water Conditions

59. Prior to the issue of a Statement of Compliance, the Owner shall enter into and comply with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and matters in accordance with the statutory powers of Melbourne Water Corporation.

60. The development is located in the 1 in 100 year floodplain of the open wetland.  A freeboard of 600mm for all buildings is required.

61. The finished lots must achieve 300mm freeboard from the associated 1 in 100 year ARI flood level.

62. A stormwater management strategy for the development, which caters for overland flows though the site (e.g. through roads or a designated floodway reserve) must be provided.

63. Prior to the commencement of works, a separate application, direct to Melbourne Water, must be made for any stormwater connection to a Melbourne Water asset.  Prior to accepting an application, evidence must be provided, demonstrating that a connection to the Council drainage system is not feasible.  Contact Asset Services on telephone 9235 1414 for Melbourne Water’s connection requirement, including payment of appropriate fees.

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

65. Prior to certification, detailed engineering plans and computations are to be submitted to Melbourne Water for comment.

66. Prior to certification, the Plan of Subdivision must have an easement over the wetland in favour of Melbourne Water and in accordance with MCPAA1107.

67. Prior to certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

Yarra Valley Water Conditions

68. The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water supply.

 

69. The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage.

NOTES

Advanced Trees

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

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

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

Easements

No structure may be built over an easement on the subject site without the consent of the relevant Responsible Authority.

Public Lighting

Before the preparation of construction plans for street lighting can be completed Council approval to the type and colour of poles and lanterns will be required.

Tree Protection Zone Requirements

A consulting arborist must be employed to supervise works which may impact upon trees marked for retention on the approved plan.

The consulting arborist must conduct an induction of all personnel involved in construction that may impact on tree protection zones.

Any works within the tree protection zone should be completed or supervised by the consulting arborist.

The area inside the tree protection zone should, where considered relevant by the consulting arborist, be modified in the following manner to enhance the growing environment of the tree and to help reduce stress or damage to the tree:

·        the area within the tree protection zone may require mulch with wood chips or compost matter to a depth of 150 millimetres.

·        trees may require supplementary watering, with the amount to be assessed by the consulting arborist and determined by the extent of disturbance to the trees roots and climatic conditions.

·        where severing of roots (greater than 50 millimetres in diameter) is required directly adjacent to the exclusion zone they must be cut cleanly.  Where possible this is to be completed at the beginning of development of the site.  Roots are not to be left exposed, but back-filled or covered with damp hessian.

The storing or disposing of chemicals or toxic materials must not be undertaken within 10 metres of any tree protection zone.  Where the slope of the land suggests these materials may drain towards a tree protection zone, the storing or disposing of these materials is strictly forbidden.

Tree protection envelope fencing is to be constructed to the following requirements:

·        Ring lock wire mesh (or equivalent) no less than 1.2 metres high.

·        Main posts 100mm treated pine (TP).

·        Intermediate posts steel star pickets (SP).

·        The corner posts are to be TP with TP stays.

·        Every third post is to be TP.

·        SP to be placed intermediately between the TP at 3m intervals.

·        The ring lock mesh to encircle the structure and be firmly secured at each post.

·        Posts must be sunk into the ground by 450mm (there is to be no concrete to secure posts as this may affect p.H. levels).

·        The tree protection zone is to be clearly sign posted in accordance with the condition titled Tree Protection Zone fencing.

With the agreement of the responsible authority, tree protection zone fencing may not be provided where permanent reserve fencing is introduced prior to construction.  The specification of the permanent fencing must be to the satisfaction of the Responsible Authority.

Street Numbering

Property Numbers will be allocated by the City of Whittlesea in accordance with Council’s Street Numbering Policy.  Please do not give potential buyers any interim numbering as this often leads to confusion and problems once the correct number is issued.  Please check with Council’s Subdivision Department or GIS Department to verify all street numberings before commencement of any advertising for sale or lease.

CFA Note

CFA’s requirements for identification of hydrants are specified in ‘Identification of Street Hydrants for Firefighting Purposes’ available under publications on the CFA web site (www.cfa.vic.gov.au

Council Resolution

Moved:                       Administrator Billson

Seconded:               Administrator Duncan

 

THAT Council resolve to adopt the Recommendation.

Carried UnANIMOUSLY

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

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UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.2.4      APPLICATION FOR EXTENSION OF TIME FOR PERMIT FOR THE INSTALLATION OF 40 ELECTRONIC GAMING MACHINES AT THE COMMERCIAL HOTEL 820 PLENTY ROAD SOUTH MORANG  

Responsible Officer:           Director Partnerships, Planning & Engagement

Author:                                  Principal Planner   

 

APPLICANT:                                  Urbis Pty Ltd on behalf of Australian Leisure & Hospitality Group Pty Ltd (ALH)

ZONING:                               Commercial 1 Zone

Residential Growth Zone

OVERLAY:                            Heritage Overlay

REFERRAL:                          None

OBJECTIONS:                      None (no provision for advertising)

 

RECOMMENDATION SUMMARY

That Council resolve to approve the application to extend the commencement time for the installations and commencement of the operation of the Electronic Gaming Machines under Condition 17 of Planning Permit No. 715988 at 820 Plenty Road South Morang for a further two years until 21 December 2021 and advise the applicant accordingly.

The EGMs have not been installed on the site, or works undertaken, because the Victorian Commission for Gambling and Liquor Regulation (VCGLR) refused the application for a gaming licence.  So, while VCAT granted the applicant planning permission for the EGMs and associated building works, VCAT upheld the VCGLR’s decision not to approve the necessary gaming licence. 

Council officers recognise the increased vulnerability of the City of Whittlesea’s community to the significant social impacts associated with EGMs and acknowledge the extensive joint efforts of Council and the community to have Council’s refusal upheld at VCAT in 2017.  The application received 128 objections at the time. 

Despite the social and political context, Council officers have a responsibility to assess the application against the relevant planning controls.  A rigorous assessment has been undertaken against the ‘Kantor’ test, which is the test established by VCAT, being based on legal precedent and being applicable to all Councils, for assessing extensions of time applications to permits.  The Kantor test applies to this application and its considerations are:

·    Whether there is a change of planning policy

·    Whether the landowner is seeking to ‘warehouse’ the permit

·    The total elapse of time

·    Whether the time limit originally imposed was adequate

·    The economic burden imposed on the landowner by the permit

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

This application for an extension of the time to the permit has been assessed as passing the Kantor test.  This finding was tested against legal advice sought from the solicitors originally engaged to defend Council’s refusal.  They have advised in discussions that Council is correct to approve the current application for an extension of time because:

·    The application does pass the Kantor test.

·    There are no other lawful grounds upon which Council can refuse the application.

·    Were Council to refuse the application it may be liable for costs awarded against it at VCAT, given the applicant would be highly likely to appeal Council’s decision.

As such, the application is recommended for approval for a period of two years and not five as sought by the applicant.

Brief overview

This application seeks an extension of time of five years to an existing permit which was issued at the direction of VCAT on 21 December 2017, following Council’s refusal of the planning application to install Electronic Gaming Machines (EGMs) and make other alterations/extensions to the Commercial Hotel in South Morang. 

 

Report

TIMELINE OF KEY FACTS AND / OR ISSUES

Key facts are as follows:

·    Council at its meeting held 19 July 2016 opposed the application to the Victorian Commission for Gambling and Liquor Regulation (VCGLR) for a license for 40 EGMs at the hotel.

·    The VCGLR heard the matter from 15 - 17 November 2016 at which Council was represented, and on 12 December 2016 made its decision to refuse the application.

·    On 20 December 2016 the Applicant then lodged an appeal to VCAT against the VCGLR refusal and concurrently lodged an appeal against Council’s refusal of the planning application.

·    The Planning Permit Application was advertised through July 2016.  A total of 128 objections to the application were received – including objections from a number of community organisations.

·    Objections overwhelmingly related to adverse social and economic impacts arising from the introduction of EGMs to the hotel.

·    At its meeting held 21 March 2017, Council opposed the application on the basis of the proposed EGMs.  The proposed extensions and alterations to the hotel were not opposed.

·    The two appeals were heard concurrently by VCAT over numerous days in June, August and September 2017.

·    The VCAT determination was made 21 December 2017.  This confirmed the refusal of the license by VCGLR, however approved the Planning Permit – as both have different requirements and guidelines in different legislation.

·    The VCAT approval of the Planning Permit contains separate expiry times for the EGMs component commencement and the development component.

·    The development expiry date has already been permitted for a further two years on 2 January 2020, on the basis that there were no issues with the hotel extensions and alterations.  This allowed commencement of the development up to 21 December 2021.

·    Based on the planning principles that have to be applied to requests for extension of time of permits, there is no basis to refuse a similar extension to the expiry time for the EGMs installation and commencement.

SITE AND SURROUNDING AREA

The site is on the north-east corner of Plenty Road and Gorge Road.  It is irregular in shape with a frontage of 108.32m to Gorge Road, 167.9m to Plenty Road and total area of approximately 1.242ha.

It contains the Commercial Hotel on the intersection corner with a drive-through bottle shop at the rear; a free-standing Dan Murphy’s liquor sales building in the north-east corner with the balance of the site comprising car parking, access ways and limited landscaping.

background

Permit 715988 was issued on 21 December 2017 at the direction of VCAT.

The Permit allows alterations and additions to the hotel, including the conversion of the drive-through bottle shop into a function room, new rooftop bar and beer garden on the northern side of the single storey part of the hotel and the conversion of part of the internal section of the hotel as a Gaming Room which would provide for 40 Electronic Gaming Machines (EGMs).

The proposed gaming room will contain 40 EGMs and operate from 10.00 am to 1.00 am (the following day) on all days except Good Friday and Anzac Day, when it would open at 12 noon.

While the proposed alterations and additions to the hotel were considered satisfactory, the proposed installation and use of the EGMs was not supported by Council at the time.  Notably, the subject hotel did not have any EGMs on the premises at that time, and there have been none installed since.

The application had been publicly advertised and numerous objections had been received.

An earlier application for a license to the VCGLR had been considered by Council in July 2016, where it was resolved to oppose approval for gambling (40 EGMs) at the Hotel.  This was refused by the VCGLR at the formal hearing of the application for a gaming license.

The Applicant appealed to VCAT against the VCGLR refusal, and concurrently lodged an appeal against the planning application that had not been determined at that stage.  Council resolved in March 2017 that it oppose the planning application on the following grounds:

1.       The social and economic impacts of the location of the gaming machines will cause social and economic harm to the community and will not result in a net community benefit.

2.       The location is inappropriate for gaming machines given the characteristics of the activity centre that includes convenience shopping and retail uses.

3.       The area and the local community are already well served by accessible gambling facilities.

4.       There are limited other similar facilities in the vicinity of the site which offer alternative forms of non-gaming entertainment.

5.       The provision and use of electronic gaming machines would be inconsistent with the decision of the Victorian Commission for Gaming and Liquor Regulation (VCGLR) on 12 December 2016 to not allow gaming machines

The VCAT hearing related to both the Planning Permit application (Council resolution to oppose the EGMs on social/economic grounds) as well as the refusal by the VCGLR to refuse to grant a gaming licence.  The two matters were heard concurrently.

The written decision by VCAT acknowledged that there were distinct assessment requirements and guidelines under the different legislation for the two different processes (i.e. planning and the VCGLR licence).  The Order of VCAT was that:

·    the refusal by the VCGLR be affirmed (hence no licence to be issued for the gaming machines); and

·    a planning permit be issued.

The resulting Planning Permit contained two expiry conditions (at Conditions 17 and 18) the first of which related to the EGMs, as follows:

17.       This permit as it relates to use will expire if the gaming machines are not installed and operating within two (2) years after the issue date of this permit.  In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the period referred to in this condition.

In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the period referred to in this condition.

18.       This permit as it relates to development will expire if one of the following circumstances applies:

•     The development is not started within two years of the issue date of this permit.

•     The development is not completed within four years of the issue date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the period referred to in this condition.

current permit extension request

The application seeks an extension of five years under Condition 17 for the installation and commencement of the 40 EGMs allowed by the Permit.

Notably, an earlier request for an extension of time for the commencement of the development was approved in December 2019 for a further two years, thereby extending the date for commencement of the development until 21 December 2021 and completion by 21 December 2023.

ASSESSMENT

The applicable principles for considering extensions of time have been established by VCAT, being based on legal precedent and are applied by all Councils.  These tests are referred to as the ‘Kantor’ tests (named after the legal case which introduced them).  The tests guide decisions and provide a degree of certainty for all stakeholders who may be affected by decisions relating to the extensions of time.

It should be noted that there are no statutory provisions for notifying other affected persons of extension of time requests.  Therefore, despite the high number of objections received in response to the initial application, this request for an extension of time does not provide the mechanism for further advertising or objections.

The ‘Kantor’ tests are set out below with comments under each heading relevant to the current application.  An application should meet all the relevant tests.

Whether there is a change of planning policy

Since the VCAT decision to grant the permit on 21 December 2017, there have been no material changes to planning policy applicable to the site.  Notably, there have been no changes to planning policy as it relates to the use and installation of gaming machines.  The Council’s Gambling Strategy Action Plan 2014-2024 does not form part of the Planning Scheme, but in any event remains unchanged since the Permit was issued.

Whether the landowner is seeking to ‘warehouse’ the permit

The warehousing test generally applies to an application to extend time for a commencement of a use and or development.  If it is determined that a landowner is seeking to warehouse the permit this would negatively influence the issue of an extension.

It has been submitted that it continues to be the applicant’s (ALH Group) intention to facilitate the major upgrade to the Hotel including to install and commence use of the approved gaming machines, as approved in the Permit.

It also notes that there have been major organisational changes at the ALH Group, which is a joint venture between Woolworths Group and interests associated with Bruce Mathieson. This includes that in mid-2019 it was announced that ALH would merge with Woolworths Group's existing liquor business to form the Endeavour Drinks Group and it would then demerge this entity from Woolworths Group – which was completed in February 2020 but postponed due to the Covid-19 impact on hotel operations until the 2021 calendar year.

It states that ALH Group is not seeking to warehouse its approval but intends to implement the approved Hotel upgrades and gaming use once it has been able to settle the financial details of the demerged operations of ALH Group.

When considering the above it is not reasonable to draw a conclusion that the landowner is seeking to warehouse the permit.  It is also important to note that the subject permit relating to the EGM use has not been previously extended.

Intervening circumstances bearing on the grant or refusal of the extension

This test relates to circumstances that have arisen since the granting of the permit and which are not entirely under the control of the permit holder and which have reasonably caused a delay in being able to act upon the permit.

Since the Permit was granted, there are no intervening circumstances that would bare unfavourably on the grant of an extension of time for the gaming use associated with it.  The land uses surrounding the site have not appreciably altered since then and the locational and social and economic impacts of the proposed gaming use are not materially changed such that an extension of the Permit should not be granted.

In that respect, the VCAT written determination, it stated (at paragraphs 219 to 220) that the hotel was an acceptable location for gaming:

It is clear that this area of South Morang is still changing and evolving into a vibrant, urban area.  The Commercial Hotel is appropriately located at the edge of the Plenty Valley Town Centre major activity centre.  One of the key strategic directions of Plan Melbourne is for new activity centres to be created that enhance the achievement of 20 minute neighbourhoods – creating accessible, safe and attractive local areas where people can access most of their everyday needs within a 20 minute walk, cycle or public transport trip.  This town centre has the potential to achieve this outcome.  Hence, we agree with the Council that it is encouraged and therefore likely that people will pass by this hotel as they travel around this town centre and surrounding neighbourhood.  However, activity around this hotel does not automatically translate into potential convenience gambling.  This hotel is removed from the daily activities in the town centre and is nearby, but still removed from nearby sensitive uses such as a kindergarten or primary school. 

We agree with the Council that housing growth is still occurring in South Morang, including in the location immediately surrounding this site.  Mr Quick’s evidence of the social and economic indicators for the local area around this hotel is that the location of this hotel is not within a low socio-economic or disadvantaged area.  We accept this evidence and find that this location (which is what the planning considerations focus on) is acceptable for EGMs. 

The total elapse of time

The total time elapsed since the grant of the Permit, being just over two years, is considered reasonable.  When considered together with recent approval of ten extensions of time for the proposed development component of permits under Condition 18, it is pragmatic to similarly extend the use (EGM) element (under Condition 17) which relies on the development works being completed.

Whether the time limit originally imposed was adequate

An extension of time application would typically not to be supported if the permit has become out-dated and if it was considered appropriate that all issues be reconsidered by way of a fresh application.

The expiry time of two years is quite typical for planning permits and is considered generally reasonable.  It is also considered reasonable for an extension to be granted if a use is not commenced within the two years provided, particularly where a significant development is involved.

Notably, an extension has already been granted (under Condition 18) for the commencement and completion of the proposed development component of the proposal i.e. the extensions and alterations to the hotel which in part facilitates the expansion for the EGMs.

The applicant has indicated that additional time is quite reasonably required to settle the financial details of the upcoming demerged operations of ALH Group, make the capital investment to start and complete the approved buildings and works and then install and commence using the associated gaming machines, notwithstanding that they do not have the necessary gaming licence approval in place to do so.

The economic burden imposed on the landowner by the permit

This relates to the degree to which the permit holder is economically committed to the permit proposal as a consequence of actions taken to give effect to the permit.  The applicant would have invested significantly in the proposal by obtaining the permit and incurring additional costs associated with VCAT. 

It is noted that the ALH Group still needs to obtain a premises approval under of the Gambling Regulation Act before it can start the approved gaming use.  There is necessarily some economic burden and time associated with seeking that approval, and additional economic burden if the subject request was refused and triggered another application to VCAT for Review.

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

This test is determinative as to whether the original permit is still appropriate when considered against current planning controls. If the extension was refused, how likely is it that a similar permit would be issued. If it is likely that a permit would re-issue, this leads to the potential extension of a permit.

It is considered that a permit would likely be issued if a fresh application was to be made (even if not support by Council).  This is due to there being no material changes to planning controls or policies, no material change to surrounding land uses and no alteration to the plans.

In light of this, there is no practical planning purpose to refuse any extension of the permit and force the permit holder to apply for a fresh permit that would likely be re-issued. 

Public Notification

Advertising of the application has not been undertaken and there is no mechanism in the Planning and Environment legislation for the public notification of a request to a Council to extend the expiry time of a permit.

Declarations of Conflicts of Interest

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

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

Conclusion

While the initial application to Council generated a high number of objections from individuals and community groups, and was opposed by Council on the basis of the proposed electronic gaming machines, at this time there is little planning justification to refuse this extension of time request.  Despite having this planning permission, the applicant does not have the necessary gaming licence approvals to commence the installation and use of the EGM’s.

It is therefore recommended that the commencement time for the installation and operation of the EGMs be extended for a further two years, consistent with the approval for the extension of the buildings and works for the upgrade of the hotel.

 

Recommendation

THAT Council resolve to approve the application to extend the commencement time for the installations and commencement of the operation of the Electronic Gaming Machines under Condition 17 of Planning Permit No. 715988 at 820 Plenty Road South Morang for a further two years until 21 December 2021 and advise the applicant accordingly.

Council Resolution

Moved:                       Administrator Wilson

Seconded:               Administrator Billson

 

THAT Council resolve to adopt the Recommendation.

Carried

  

 


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.3       Community Services

            Nil Reports


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.4       City Transport and Presentation

6.4.1      Outcomes of Tree Petition Investigations, Campus Place, Thomastown  

Responsible Officer:           Director City Transport & Presentation

Author:                                  Acting Unit Manager Parks and City Forest   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.       Cease the infill planting proposal for Campus Place, Thomastown; and

2.       Note the requests of the residents for a different species of tree to be considered in the forecasting priorities of the 2022-26 Street Tree Renewal Program.

Brief overview

A petition was received by residents of Campus Place, Thomastown raising concerns about proposed street tree plantings.  A street tree proposed for infill outside one house was interpreted by residents as a proposal for full street tree renewal. No works are currently planned for the 2020-21 financial year. Consideration of any future full streetscape tree planting will be deferred to future years (2022-26) Street Tree Renewal Plan.

rationale for recommendation

Council’s infill planting program seeks to replace existing gaps in Whittlesea’s streetscapes.

Consultation with the lead petitioner identified that there was a misinterpretation of the individual tree planting as a proposal for removal and replacement of all trees in the street in favour of native gum trees. This was not Council’s intention and the planned infill planting proposal has since been withdrawn from the 2020-21 planting program.

The concerns of the residents were received by Council officers who then sought to clarify the issue with the lead petitioner. The requests in the petition are now being considered as part of Council’s planning for the Street Tree Renewal Plan implementation 2022-2026 including a request for particular species.

impacts of recommendation

This request will be managed within Council’s existing street tree planting program. There is no impact to the 2020-21 planting program and this will form part of a future years program.

what measures will be put in place to manage impacts

The nomination and request for a specific species has been recorded with similar requests and will be used to inform the planning of the next five (5) year implementation plan. Council has budgeted for the Street Tree Renewal Program in the new works program and will continue to deliver this critical service for streetscape management and renewal.

 

Report

Background

Each year Council aims to complete a street tree infill planting program that is linked to the tree maintenance services contract.  This program seeks to address the growing number of missing street trees or ‘planting opportunities’. Presently there are 15,492 such planting opportunities recorded on Council’s trees database.

2700 street trees are aimed to be planted in 2020 under the service contract across the municipality.  Prior to planting these trees, a letter is sent to each property adjacent to the planting notifying the occupants of proposed planting.

A small number of objections are raised each year from residents with concerns regarding the planting occurring or the proposed tree species. In many instances these can be accommodated, and additional planting opportunities found elsewhere. 

It should be noted that where an individual street tree is part of the renewal program, it follows the theme of the existing street tree species where suitable. This contrasts to the Whole Street Residential Planting Program consultation that includes an opportunity for the community to choose from a nominated evergreen or deciduous tree species. The majority of the time this leads to a clear preference. In the rare times a suitable alternative is requested by the residents further consultation is undertaken.

A letter was sent to a residence in Campus Place informing of Council’s plans to plant a single native tree (Eucalyptus wimmerensis or ‘Honeypots’). This letter was the catalyst for a joint petition from all houses in Campus Place raising concerns on the species selected and requesting that this street be replanted with olive trees. The immediate planting proposal has since been withdrawn and the street has been recorded for consideration in a future Street Tree Renewal Program noting the species identified as the preferred by residents.

The Street Tree Renewal Program is fully subscribed up to 2021. Planning is underway to plan and forecast the next five (5) year implementation plan and priorities for 2022-26.

Proposal

To investigate Campus Place, Thomastown as a candidate site for the 2022-26 Street Tree Renewal Program and remove any properties in this street from the current infill planting program.

Consultation

Consultation has occurred with the lead petitioner and via letters to all households in Campus Place. These letters confirmed that Council had no intention for the whole street to be replanted, the proposed planting of one gum tree had been withdrawn and that their request will form part of the prioritised future planting program.

Implementation of the Street Tree Renewal Program allows for further opportunities for community consultation via a household survey in the year that a street is nominated including new tree species selection or a preference for retention of exiting trees.

Financial Implications

There are no financial implications to the current infill planting program.  Council has budgeted for the future Street Tree Renewal Program within the 4-15 year New Works Program.

Policy strategy and legislation

The proposed and future works were consistent with Council’s Street Tree Management Plan.

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

There is minimal strategic risk related to this matter. The requests of these petitioners are consistent with Council policy and can be accommodated through multiple avenues of operational service delivery.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Sustainable environment

Key Direction              Valued natural landscapes and biodiversity

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

No immediate changes are proposed or will be implemented to the streetscape at Campus Place, Thomastown.  The street has been nominated in the forward planning of Council’s Residential Street Tree Replacement Program for consideration and will be assessed as a candidate site in conjunction with other municipal priorities, noting the current requests of the residents for olive trees.

 

RECOMMENDATION

THAT Council resolve to:

1.       Cease the infill planting proposal for Campus Place Thomastown, and

2.       Note the requests of the residents for a different species of tree to be considered in the forecasting priorities of the 2022-26 Street Tree Renewal Program.

Council Resolution

Moved:                       Administrator Billson

Seconded:               Administrator Wilson

 

THAT Council resolve:

1.    To advise the petitioners that Council has no plans to undertake full replacement planting of the entire street with new trees for Campus Place Thomastown and will consult residents if Council’s annual planning program looks like it may include their neighbourhood at some time in the future; and

2.    Note the requests of the residents for a different species of tree to be considered in the forecasting priorities of the 2022-26 Street Tree Renewal Program.

Carried


UNCONFIRMEDScheduled Council Meeting Minutes                                              Tuesday 6 October 2020

 

6.5       Corporate Services

6.5.1      Management & Operation of Mill Park Leisure Centre & Whittlesea Swim Centre - Tender Evaluation

Attachments:                        1        Tender Evaluation Summary - Confidential

This Attachment has been designated as confidential information under section

66(5) of the Local Government Act 2020 on the grounds that it contains private

commercial information, being information provided by a business, commercial

or financial undertaking that relates to trade secrets or, if released, would

unreasonably expose the business, commercial or financial undertaking to

disadvantage. The confidential attachment specifically contains details

regarding tenders submitted by businesses which were provided to Council in

confidence and which would unreasonably expose the business to

disadvantage if made public or disclosed to competitors..    

Responsible Officer:           Director Corporate Services

Author:                                  Team Leader Procurement   

 

Council resolved to excuse Administrator Billson from the vote on this item as he declared a conflicting personal interest in Item 6.5.1 at the start of the meeting. Administrator Billson left the meeting at 4.24PM prior to discussion of the item.


RECOMMENDATION SUMMARY

It is recommended that contract number 2020-59 for Management & Operation of Mill Park Leisure Centre & Whittlesea Swim Centre:

·    Is awarded to Belgravia Health and Leisure Group Pty Ltd

·    For a term from 1 October 2020 to 30 June 2022 with extension options to 30 June 2025

·    For the total Net Guaranteed Sum (cost to Council) of $972,603 excluding GST in the initial contract term from 1 October 2020 to 30 June 2022.

Brief overview

The tender evaluation panel advises that:

·    Four tenders were received

·    The recommended tender was the highest ranked and is considered best value.

rationale for recommendation

The panel has high confidence that the recommended tenderer’s price is realistic and achievable.  The recommended tenderer scored significantly higher in all non-price criteria indicating exceptionally high value for the price and excellent alignment with Council’s Active Whittlesea objectives.  The recommendation was a unanimous decision.

impacts of recommendation

The appointment of a new service provider will require transitioning prior to the scheduled opening of Whittlesea Swim Centre on 1 November 2020.  The extended pre-opening period of Mill Park Leisure Centre is sufficient for an effective transition, and extensive marketing has been planned to engage the community and achieve target membership numbers.

what measures will be put in place to manage impacts

Detailed plans for transition and marketing have already been presented.  Officers will work closely with the service provider to ensure the plans are implemented as required.  Marketing activities are ready to commence and an appropriate marketing budget was tendered.  A virtual contact centre is already established and specific marketing resources have been allocated.

Report

Background

The purpose of this contract is to ensure the Management & Operation of Mill Park Leisure Centre (MPLC) & Whittlesea Swim Centre (WSC) is conducted by a highly qualified organisation that can maximise the value of the facilities to the community.

Tenders for the contract closed on Wednesday 5 August 2020.  The tendered prices and a summary of the evaluation are detailed in the confidential attachment.

EVALUATION

No member of the Tender Evaluation Panel declared any conflict of interest in relation to this tender evaluation.

A Tender Probity & Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being closed.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

30 %

Capability

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