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Agenda

 

OF Scheduled
COUNCIL MEETING

HELD ON

Monday 2 August 2021

AT 6.30pm

summons

 

You are advised that a Meeting of Council has been called by the Chief Executive Officer on Monday, 2 August 2021 at 6.30pm for the transaction of the following business.

 

In accordance with section 394 of the Local Government Act 2020 this meeting will be held remotely by electronic means and will be livestreamed via Council’s website. 

 

 

C LLOYD

CHIEF EXECUTIVE OFFICER


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                            CHAIR OF COUNCIL

PEITA DUNCAN                           ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government 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.  On 3 March 2021, the Hon. Bruce Billson resigned from his position as Administrator with the City of Whittlesea.  Effective from 12 May 2021, the Minister for Local Government appointed Mr Chris Eddy as the third Panel Member.  Ms Lydia Wilson, Ms Peita Duncan and Mr Chris Eddy will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.CHRIS EDDY                                ADMINISTRATOR

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

 

 

SENIOR OFFICERS

 

 

CRAIG LLOYD                              CHIEF EXECUTIVE OFFICER

KRISTI HIGH                                EXECUTIVE MANAGER PUBLIC AFFAIRS

FRANK JOYCE                             EXECUTIVE MANAGER GOVERNANCE & STRATEGY

KATE MCCAUGHEY                    DIRECTOR COMMUNITY WELLBEING

AMY MONTALTI                           DIRECTOR CORPORATE SERVICES

JUSTIN O’MEARA                        DIRECTOR PLANNING & DEVELOPMENT

DEBBIE WOOD                            DIRECTOR INFRASTRUCTURE & ENVIRONMENT

 

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

 

ORDER OF BUSINESS

 

The Chief Executive Officer submits the following business:

1.           Opening.. 11

1.1        MEETING OPENING AND INTRODUCTIONS.. 11

1.2        ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 11

1.3        Present. 11

2.           Apologies.. 12

3.           Declarations of Interest. 12

4.           Confirmation of Minutes of Previous Meeting.. 12

5.           Questions, Petitions and Joint Letters.. 12

5.1        PUBLIC QUESTION TIME.. 12

5.2        Petitions.. 13

Nil Reports.. 13

5.3        Joint Letters.. 15

Nil Reports.. 15

6.           Officer's Reports.. 17

6.1        Connected Communities.. 17

6.1.1      For Decision - Proposed Community Plan 2021-2025. 17

6.1.2      For Decision - Scheduled Council Meetings for 2022. 101

6.2        Liveable Neighbourhoods.. 107

6.2.1      For Decision - Planning Application 718577 - Subdivide land (35 lots) in the General Residential Zone and removal of Native Vegetation in a Vegetation Protection Overlay and (including dead vegetation) under Clause 52.17 at 17 - 19 Johnsons Road, Mernda.. 107

6.2.2      For Decision - Planning Permit Application 719422 for six lot subdivision at 24-26 Laurimar Hill Drive, Doreen.. 135

6.2.3      For Decision - Planning Application NO. 720167 - Removal of Native Vegetation associated with a Utility Installation at 385 McDonalds Road, South Morang.. 151

 

6.3        Strong Local Economy.. 161

6.3.1      For Decision - Planning Application No. 719852 - Use of the land for the purpose of a caretakers house at 7/24 Brand Drive, Thomastown.. 161

6.4        Sustainable Environment. 175

6.4.1      For Decision - Admendment to the Section 173 Agreement with Waterstone Hill Estate.. 175

6.4.2      For Decision - Response to Petition - Replacement of Trees along Fielding Drive, Mernda.. 193

6.4.3      Contract 2021-40 Park and Playground Redevelopment at Riverside Reserve, South Morang.. 199

6.4.4      For Noting - Epping Cemetery Trust - Freedom of Information Requests and Abstract of Accounts.. 205

6.5        High Performing Organisation.. 223

Nil Reports.. 223

7.           Notices of Motion.. 225

Nil Reports.. 225

8.           Questions to Officers.. 225

9.           Urgent BusineSS.. 225

10.        Reports from Council representatives and ceo update.. 226

10.1      Administrator Peita Duncan Report. 226

10.2      Administrator Chris Eddy Report. 226

10.3      Chair of Council Lydia Wilson Report. 226

10.4      CEO Update – 2 August 2021. 226

11.        Confidential Business.. 227

11.1      Connected Communities.. 227

Nil Reports.. 227

11.2      Liveable Neighbourhoods.. 229

Nil Reports.. 229

11.3      Strong Local Economy.. 231

Nil Reports.. 231

11.4      Sustainable Environment. 233

Nil Reports.. 233

11.5      High Performing Organisation.. 235

Nil Reports.. 235

11.6      Notices of Motion.. 237

Nil Reports.. 237

12.        Closure.. 239

 

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

 

Note:

At the Chair of Council’s discretion, the meeting may be closed to the public in accordance with Section 66(2)(a) of the Local Government Act 2020. The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

Question Time:

During the meeting, the Chief Executive Officer will answer questions from residents and ratepayers. Questions are required to be submitted in writing prior to the advertised commencement time of a scheduled Council Meeting.  It is preferred to receive any questions by 3.30pm unless this unreasonably prevents or hinders you from participating. A Question Time form can be downloaded from Council’s website and copies of the form are available at the meeting. Refer: https://www.whittlesea.vic.gov.au/about-us/council/council-meetings/

 

Council will hold public question time for up to 30 minutes at each Scheduled Council Meeting to allow members of the public to present the questions they have submitted to Council. With the exception of when Council Meetings are held remotely by electronic means in accordance with section 394 of the Local Government Act 2020.  Members of the public will not be able to present their questions, however the Chief Executive Officer will read out and answer questions from residents and ratepayers.

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Council’s internet site – http://cam.whittlesea.vic.gov.au/

 

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

1.         Opening

1.1       MEETING OPENING AND INTRODUCTIONS

The Chair of Council, Lydia Wilson will open the meeting and introduce the Administrators and Chief Executive Officer:

 

Administrator, Ms Peita Duncan;

Administrator, Mr Chris Eddy; and

Chief Executive Officer, Mr Craig Lloyd.

 

The Chief Executive Officer, Craig Lloyd will introduce members of the Executive Leadership Team:

 

Executive Manager Governance and Strategy, Mr Frank Joyce;

Director Community Wellbeing, Ms Kate McCaughey;

Director Corporate Services; Ms Amy Montalti;

Director Planning and Development, Mr Justin O’Meara; and

Director Infrastructure and Environment, Ms Debbie Wood.

 

Following the Introductions, the Chief Executive Officer, Craig Lloyd will then read the following prayer:

 

Almighty God, we ask for your blessing upon this council to make informed and good decisions to benefit the people of the City of Whittlesea. 

 

Our father who art in heaven, hallowed be thy name, Thy kingdom come, Thy will be done in earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive them that trespass against us; and lead us not into temptation but deliver us from evil, For thine is the kingdom, the power and the glory, for ever and ever.

 

Amen

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Council, Lydia Wilson will read the following Acknowledgement of Traditional Owners 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

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Scheduled Meeting of Council held 5 July 2021

5.         Questions, Petitions and Joint Letters

5.1       PUBLIC QUESTION TIME

5.2       Petitions

Nil Reports

5.3       Joint Letters

Nil Reports   


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.         Officer's Reports

6.1       Connected Communities

ITEM 6.1.1      For Decision - Proposed Community Plan 2021-2025 

Attachments:                        1       Proposed Community Plan 2021-2025

2       Community Plan - Engagement report   

Responsible Officer:            Executive Manager Governance & Strategy

Author:                                  Unit Manager Corporate Planning   

RECOMMENDATION SUMMARY

That Council adopt the Proposed Community Plan 2021-2025 for community consultation between 3 August 2021 and 31 August 2021.

Brief overview

The Community Plan 2021-2025 (the “Plan”), once adopted, will be the City of Whittlesea’s main medium-term strategic document incorporating the Council Plan, the Municipal Health and Wellbeing Plan, the Disability Action Plan and pandemic recovery actions.

The proposed Plan is presented for adoption to trigger the final community consultation over the next four weeks, following the extensive engagement period in February and March 2021. Key feedback channels include online and via social media, at Council offices, at leisure centres and pools, and at libraries and community centres. Feedback will be sought from key networks and community groups directly.

rationale for recommendation

Community members and groups will have the opportunity to see how their input has found its way into the proposed Plan and influence any final changes to make sure we are getting it right. Following community consultation, the Plan will be scheduled for adoption at and Additional Council Meeting proposed for 25 October 2021. The Plan is required to be approved by 31 October 2021.

impacts of recommendation

Adoption of the Community Plan will discharge Council’s obligations to develop a Council Plan, Municipal Public Health and Wellbeing Plan and Disability Action Plan under the respective legislation.

what measures will be put in place to manage impacts

Impacts of the Community Plan as such will be managed via communications and engagement plan; individual initiatives captured in the Community Plan all follow the project management framework and will develop their respective benefit realisation and risk mitigation strategies.

 

Report

Background

The integrated Community Plan 2021-2025 will be the City of Whittlesea’s main medium-term strategic planning document for this Council term. It incorporates the:

·    Council Plan, section 90 of the Local Government Act 2020 (Vic)

·    Municipal Public Health and Wellbeing Plan, section 26 of the Public Health and Wellbeing Act 2008 (Vic)

·    Disability Action Plan, section 38 of the Disability Act 2006 (Vic)

·    Pandemic recovery actions in line with section 60AE of the Emergency Management Act 2013 (Vic).

The Plan builds on the long-term community vision, Whittlesea 2040 A place for all, which was developed in 2018 and shaped by the contribution of over 4,000 community members.

It is positioned as an “umbrella” document within the recently endorsed integrated strategic planning framework, capturing the top-level priorities from a delivery perspective.

Proposal

That Council adopt the Proposed Community Plan 2021-2025 for community consultation between 3 August 2021 and 31 August 2021.

Consultation

An extensive program of community engagement has been conducted over the February and March period of 2021 to inform the development of the Plan. Please refer to the proposed Community Plan (Attachment 1) for details on the engagement process, or to the dedicated Engagement Report (Attachment 2).

Now that the proposed Community Plan has been drafted, community members can provide their final feedback on whether we got it right. Over the next four weeks, these channels will be available for feedback:

-     Access Council’s ‘engage’ website and take part in the survey or dialogue

-     Review the Community Engagement Report and proposed Community Plan and provide feedback either as an individual or as a group. The documents will be available for review and comment at the following locations:

Online

Council offices

Community centres

Leisure centres/pools

Libraries

-     Council will seek feedback on the proposed Plan from relevant groups and advisory committees including the Youth Advisory Committee, Whittlesea Disability Network, Whittlesea Reconciliation Group, participatory budget group and focus groups.

-     Information about the Plan will be provided via e-newsletters and columns in the Whittlesea Review and Northern Star Weekly

-     Visit the pop-up stall at the South Morang Farmers market on 15 August 2021

-     Engage via social media including Council’s Facebook and Twitter accounts

Critical Dates

2 August 2021              Scheduled Council Meeting to adopt proposed Community Plan 2021-2025

3 to 31 August 2021     Community consultation on the Community Plan 2021-2025

September 2021           Community feedback will be considered in preparing the final Community Plan 2021-2025 for adoption

Consultation will occur on the proposed Financial Plan 2021-2031

25 October 2021           Additional Council Meeting to adopt the Community Plan 2021-2025 and Financial Plan 2021-2031

31 October 2021           Community Plan 2021-2025 and Financial Plan 2021-2031 are required to be adopted in accordance with the Local Government Act 2020.

Financial Implications

The Community Plan 2021-2025 is developed within existing resources. Initiatives and services included in the Plan have been considered in the Annual Budget 2021-2022, which budgeted for $2 million for the participatory budget process to allocate recovery funding, as well as $1.5 million for major initiatives under the Community Plan.

Further, Council’s Financial Plan 2021-2031 incorporates the financial resourcing to deliver on Community plan initiatives and services beyond the 2021-22 Annual Budget.

Policy strategy and legislation

Council must develop a Council Plan under section 90 of the Local Government Act 2020 (Vic), a Municipal Public Health and Wellbeing Plan under section 26 of the Public Health and Wellbeing Act 2008 (Vic), a Disability Action Plan under section 38 of the Disability Act 2006 (Vic), and be a party contributing to pandemic recovery planning under section 60AE of the Emergency Management Act 2013 (Vic).

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

Adequate consideration of community feedback and effective communication back to the community is critical to build community trust and confidence in Council’s operations and strategic direction.

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

Failure to develop the above mentioned legislated plans by the prescribed timeline will result in legislative breach unless a prior exemption is sought from the relevant Minister.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Connected community

Key Direction                        A participating community

 

The Community Plan is being developed based on extensive community engagement and is a key instrument giving community ownership and voice in local matters.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 proposed Community Plan 2021-2025 is Council’s key medium-term strategic planning document. It is based on extensive community engagement conducted both in the context of developing the community vision Whittlesea 2040 A place for all, as well as integrated community engagement in preparation for the development of this Plan throughout February and March 2021. Strong reflection of community input into the Plan is providing the basis for building community trust and confidence in Council’s strategic direction and delivery to the benefit of our community.

 

RECOMMENDATION

THAT Council:

1.       Adopt the Proposed Community Plan 2021-2025 for community consultation between 3 August 2021 and 31 August 2021.

2.       Endorse an Additional Council Meeting to be held at 6.00pm on Monday 25 October 2021 at the Council Chamber, Council Offices, 25 Ferres Boulevard, South Morang; to adopt the Community Plan 2021-2025 and the Financial Plan 2021–2031 following further community consultation to inform the final Plans.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.1.2      For Decision - Scheduled Council Meetings for 2022  

Responsible Officer:            Executive Manager Governance & Strategy

Author:                                  Governance Administration Coordinator   

 

RECOMMENDATION SUMMARY

That Council resolve to adopt the proposed Council Meeting schedule for 2022.

Brief overview

It is proposed to hold the scheduled Council Meetings in 2022 on the third Monday of the month with the following exceptions:

·    January meeting held 31 January 2022;

·    April meeting held 11 April 2022;  (due to public holiday on 18 April 2022)

·    June meeting held 13 June 2022; (due to the Australian Local Government Association National General Assembly likely to be 20 June 2022) and

·    December meeting held 12 December 2022.

It is also proposed for four meetings to be held in community venues outside the Civic Centre.

rationale for recommendation

In accordance with the Local Government Act 2020 and section 8 of Council’s Governance Rules the date, time and place of scheduled Council Meetings are to be determined, and may be altered, by resolution of the Council with reasonable notice to be provided to the public.

impacts of recommendation

Council will comply with the Governance Rules by adopting and providing public notice of the schedule of Council Meetings for 2022.

Conducting Council Meetings throughout the year enables Council to undertake its decision making role and as the meetings are open to the public (unless there is a specific reason to close the meeting to the public) they also give the community an opportunity to become involved in Council’s decision-making process on issues that affect the community.

Should an in-person Council Meeting not be able to take place in person due to Government restrictions relating to COVID-19, Council Meetings will be held remotely online.  All Council Meetings will be livestreamed and recordings will be made available on Council’s website.

what measures will be put in place to manage impacts

Scheduled Council Meeting dates for 2022 will be published on Council’s website and promoted through Council’s social media, to encourage members of the community to attend Council meetings in person or watch by live-stream or recording available on Council’s website.

 

Report

Introduction

To adopt a schedule of Council Meetings for 2022.

Background

Council Meetings are generally held in the Council Chamber at the Civic Centre.  Until 26 April 2022, section 394 of the Local Government Act 2020 allows Council Meetings to be held remotely by electronic means. Council have held online meetings when Government restrictions are in place relating to COVID-19.

Residents are encouraged to attend Council Meetings and/or to watch live-streams or recordings of Council Meetings at their convenience. 

Proposal

It is proposed that Council:

1.    Adopt the Council Meeting schedule for 2022 as follows:

Date

Venue

Commencement Time

31 January 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 February 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 March 2022

Whittlesea Community Activity Centre

57 Laurel Street Whittlesea

7:30pm (community forum to be held prior to meeting)

11 April 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

16 May 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

13 June 2022

Barry Road Community Activity Centre, 36 Barry Road, Thomastown

7:30pm (community forum to be held prior to meeting)

18 July 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

15 August 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

19 September 2022

Galada Community Centre,

10A Forum Way, Epping

7:30pm (community forum to be held prior to meeting)

17 October 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 November 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

12 December 2022

Mernda Village Community Activity Centre,

70 Mernda Village Drive, Mernda

7:30pm (community forum to be held prior to meeting)

2.    Give public notice of the Council Meeting schedule for 2022.

community council meetings

Council Meetings will be held at a community venue quarterly. Community Meetings are subject to cancellation if Government restrictions are in place to limit gatherings to stop the spread of COVID-19.

Prior to the Council Meeting a community engagement forum will be held.

It is proposed the format of Council Meetings held at a community venue include the following:

Community Engagement Forum – 6.15pm to 7.15pm

To discuss local issues and topical matters and to gain general feedback from members of the community.

Refreshments – 7.15pm to 7.30pm

Light refreshment will be provided in a COVID safe manner.

Scheduled Council Meeting - 7.30pm- 8.30pm

The Scheduled Council meeting will run as usual.  It is expected that the Scheduled Council Meeting would close to the public at approximately 8.30pm for consideration of any confidential matters, concluding by 9pm.

Critical Dates

The dates for Council meetings proposed for 2022 take into account public holidays and other sector specific events such as major conferences.

Financial Implications

Costs associated with holding Community and Council meetings are covered in existing budgets.

Given that Community Centres are not set up for the conduct of a Community Engagement Forums/Council Meetings, it is necessary to hire a sound system to ensure that debate and discussion can be heard throughout the room and for the purpose of livestreaming.  Projectors and monitors are also required.  These costs along with catering and staff attendance are within Council’s budget.  Catering is sourced locally.

Policy strategy and legislation

In accordance with the Local Government Act 2020 and Council’s Governance Rules 2021 Council is required to set the date, time and place of Scheduled Council Meetings and that reasonable notice be provided to the public. In accordance with Council’s Public Transparency Policy 2020 Scheduled Council Meetings promote openness and transparency in Council decision-making processes and promotes greater understanding and awareness by the community of how Council’s decisions are made.

link to strategic risks

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

Regular Council meetings promote open and transparent decision making and civic engagement.

 

 

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

 

Council will work to build a stronger sense of community within neighbourhoods and across the municipality and create new opportunities for social networks and civic engagement.

Conducting Council meetings throughout the year gives the community an opportunity to become involved in Council’s decision-making process on issues that affect the community.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021 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 schedule of Council Meetings for 2022 be adopted and advertised to the public.  The schedule of meeting dates will facilitate Council's decision-making processes by ensuring that regular meetings are held and that Council meetings are promoted to the public.

 

RECOMMENDATION

THAT Council resolve to:

1.   Adopt the Council Meeting schedule for 2022 as follows:

Date

Venue

Commencement Time

31 January 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 February 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 March 2022

Whittlesea Community Activity Centre

57 Laurel Street Whittlesea

7:30pm (community forum to be held prior to meeting)

11 April 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

16 May 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

13 June 2022

Barry Road Community Activity Centre, 36 Barry Road, Thomastown

7:30pm (community forum to be held prior to meeting)

 

18 July 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

15 August 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

19 September 2022

Galada Community Centre,

10A Forum Way, Epping

7:30pm (community forum to be held prior to meeting)

17 October 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

21 November 2022

Council Chamber, Council Offices,

25 Ferres Boulevard, South Morang

6.30pm

12 December 2022

Mernda Village Community Activity Centre

70 Mernda Village Drive, Mernda

7:30pm (community forum to be held prior to meeting)

2.    Give public notice of the Council Meeting schedule for 2022.

  


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.2       Liveable Neighbourhoods

ITEM 6.2.1      For Decision - Planning Application 718577 - Subdivide land (35 lots) in the General Residential Zone and removal of Native Vegetation in a Vegetation Protection Overlay and (including dead vegetation) under Clause 52.17 at 17 - 19 Johnsons Road, Mernda 

Attachments:                        1       Locality Map

2       Subdivision Layout Plan   

Responsible Officer:            Director Planning & Development

Author:                                  Principal Planner   

 

APPLICANT:                         Whittlesea City Council c/o Urbis Pty Ltd

COUNCIL POLICY:               River Redgum Protection Policy

ZONING:                                General Residential Zone Schedule 1 (GRZ1)

OVERLAY:                            Development Plan Overlay Schedule 34 (DPO34)
Vegetation Protection Overlay Schedule 1 (VPO1)

REFERRAL:                           AusNet
Melbourne Water
Yarra Valley Water
APT & O & M Services
CFA

OBJECTIONS:                       Four

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Application No. 718577 and issue a Notice of Decision to Grant a Planning Permit for subdivision of the land into 35 lots and removal of native vegetation at 17-19 Johnsons Road, Mernda, as the proposal represents an appropriate development consistent with Planning Scheme requirements.

Brief overview

Council purchased the subject site (former Mernda Primary School) in 2014 from the State Government, with the intention of developing the site to help fund future community infrastructure.

It is a requirement that Council assess and determine the application (despite also being the owner) and transparency has been provided through Council engaging an independent consultant on behalf of Council and the application process was as thorough as any application would typically be.

The initial application proposed 38 lots, however officers raised a number of questions in relation vegetation assessment, drainage, bushfire planning and subdivision/road layout.  This resulted in a modified plan that increased reserve areas to retain additional trees and avoid Tree Protection Zones being located within lots. 

An additional reserve was required at the southern end to match an approved reserve and tree retention on land to the west, which are shown in the current plan (Revision G) which now creates 35 lots and is the plan that was publicly advertised.

Advertising of the application has attracted four objections which identified concerns relating to traffic, urbanisation and health impacts.  A response to these concerns is provided within the discussion section of this report.

The proposed subdivision is considered satisfactory and consistent with the concept plan in the schedule to the Development Plan Overlay and subject to conditions, is an appropriate outcome for the site.

rationale for recommendation

The proposed subdivision is consistent with the residential zoning of the land and Development Plan Overlay that applies to this area.  It meets the requirements set out in the detailed concept plan, is respectful of the intended layout pattern and density, whilst has retained important native vegetation where possible. 

impacts of recommendation

The subdivision will increase residential land supply and housing opportunities within Mernda consistent with the strategic outcomes sought for the site and whilst appropriate, will result in a change for the area as the site is presently undeveloped.

The objections relates to the urbanisation of the site and consequences of that change.  However, urbanisation is anticipated by the planning controls and the retention of as many trees as practical, creation of reserves in the site and conditions for management of construction seek to minimise adverse impacts.

what measures will be put in place to manage impacts

There have been alterations made to the proposed subdivision during the application process to improve its response to planning provisions and conditions imposed will ensure that any negative impacts will be minimised and maintained resulting in an appropriate residential development for the area.

 

Report

BACKGROUND

The site is located on the southern side of Johnsons Road some 140m to the east of Schotters Road.  The site was previously used for the Mernda Primary School, with the school relocating to a larger site in 2011 to accommodate the forecasted population growth.

The land is owned by Council.  Council formally resolved to purchase the property at its meeting held on 28 October 2014.  The purchase was conditional on the Department of Education and Early Childhood Development removing all improvements and any soil contamination from the property, including buildings and underground tanks.

The land was valued and purchased by Council on the basis of the land being rezoned and developed for residential purposes to assist in funding community infrastructure at the new Regional Mernda Recreation Reserve. The land was zoned as ‘Public Use’ at the time, and was intended to be rezoned (by Whittlesea Planning Scheme Amendment C175) for future residential sub-division purposes in accordance with the proposed Mernda Township Strategy Plan.  Amendment C175 was gazetted and came into operation on 4 May 2017 rezoning this site and the area to the south and west, most of which is on the eastern side of Plenty Road to General Residential Zone and introduced Development Pan Overlay Schedule 34.

The profits from this enterprise were intended to be placed into a fund for the future development of the Regional Mernda Recreational Reserve.

SITE AND SURROUNDING AREA

The land is rectangular in shape with a frontage of 120.3m to Johnsons Road and measures approximately 2.02 hectares and is largely flat.  The site does not contain any buildings and features significant numbers of mature trees, particularly along the boundaries, and in the southern quarter of the site, with others located in the centre of the site.  The site, including the frontage to Johnsons Road, is currently fenced with no formal functional vehicle crossover.

It is rectangular in shape with a frontage of 120.3m to Johnsons Road and measures approximately 2.02 hectares and is largely flat.  The site does not contain any buildings and features significant numbers of mature trees, particularly along the boundaries, and in the southern quarter of the site, with others located in the centre of the site.  The site, including the frontage to Johnsons Road, is currently fenced with no formal functional vehicle crossover.

When the site was functioning as a school there were formalised vehicle access and drop-off areas in the north-west corner, as well as vehicle access points in the north-eastern corner.

Interfaces to surrounding properties include the following:

·    To the east is 31-35 Johnsons Road, which contains a dwelling as well as significant vegetation.  There are a number of mature trees on the site including some close to the common boundary.

·    To the north on the opposite side of Johnsons Road are dwellings typically single storey and setback from the road frontage about 10m with garages or car ports generally at the side or rear.

·    To the south 22-30 Hayes Road contains a single dwelling, as well as two large ancillary sheds.  The sheds are close to its northern boundary.

·    On the western side the site abuts the rear of five separate properties, including No. 104-106, 108-110, 112- 114, 116-118 and 120 Schotters Road.

At 120 Schotters Road there is a row of 17 (townhouse style) dwellings (most attached) fronting Johnsons Road, with a small setback from that frontage.  At the western end is a small medical centre (for up to two practitioners) fronting Schotters Road.  Each dwelling is two-storey in height with private open space located at the centre of each lot and a garage on the southern end.  There is a common property accessway adjacent to the common boundary with the subject site.

The other abutting properties also have rear abuttal to the subject site and include scattered mature trees and dwellings sited towards the Schotters Road frontage.  There is a permit for 24 dwellings at 116-118 Schotters Road, with a more recent permit (May 2021) issued for a medical centre (for up to three practitioners).  Similarly, there is a permit for 25 dwellings at 112-114 Schotters Road.  No works have been commenced under these permits yet.

A permit was approved by Council (at its meeting October 2020) for the two lots comprising 104 and 108-110 Schotters Road.  This approved a 29 lot subdivision and 12 dwellings (on the lots less then 300sqm), and also featured a road running into the southern end of the western boundary of the subject site (intended to run into the subject site) and a reserve on the northern side of that road also adjacent to the common boundary with the subject site.  Similarly, works have not yet commenced on that subdivision.

The site is located close to the following infrastructure and community facilities (approximate distances shown):

·    Public Transport:

Mernda Train Station (approximately 800m to the south-east)

Bus Route 382 - Whittlesea to Northland Shopping Centre (350m to the north-west)

Bus Route 385 - Mernda Station/Whittlesea to Greensborough (350m to the northwest)

·    Public Open Space:

Wombat Corner (100m to the north-east)

Mernda Streamside Reserve (300m to the east)

Schotters Road Park (350m to the north-west)

Mernda Adventure Park (450m to the south-west)

Mernda Recreation Reserve (700m to the south of the site)

Plenty Gorge Parklands (1 .25km to the south of the site)

·    Schools:

Mernda Primary School (1 .2km to the south-west)

Mernda Central College (2.1km to the south-west)

St Paul the Apostle Catholic Primary School (1km to the south-east)

·    Medical:

APS Medical Clinic (700m to the south)

Mernda Village Medical (1 .30km to the south-east)

·    Retail/Service:

Mernda Activity Centre (1km to the south-east)

restrictions and easements

The certificate of title contains no covenants or agreements.

Proposal

The application is proposing a residential subdivision creating a total of 35 residential lots of varying sizes.  The key components of the application are:

·    35 residential lots of varying sizes and orientations, including 21 lots with an area of 299sqm or smaller and 14 lots of between 300sqm and 500sqm

·    Provision of three tree reserves totalling 0.2ha in area.  These include:

A reserve on the western side 10m wide extending to about mid-site where it increases to the mid connecting east-west part of the road.  This retains the trees in this part of the site.

A linear reserve alongside the eastern boundary so as to retain the trees along and close to that boundary.

A reserve at the southern end of the western boundary on the north side of the road that will connect to the western boundary so to provide for the preservation of a Tree Protection Zone (TPZ) relating to a tree required to be retained on the adjoining property, and to match and complement a reserve to be provided around that tree on the adjoining property.

·    Internal access roads with connections provided into adjoining properties - located at the southern end of the western boundary and the eastern end of the southern boundary (to provide for through roads at those points).

The initial application sought approval for the subdivision into 38 residential lots with less/smaller reserves (on the west side) and less tree retention (as compared to the current plan). 

Initial concerns were worked through with the planning consultants and amended plans were submitted for consideration, with the latest plan submitted now showing lots excluding impacts from TPZs by the enlargement of the reserve on the western side and the incorporation of the reserve at the southern part of the western side which protects the TPZ on the tree on adjoining land and matches the reserve on that land.

Public Notification

The application was publicly advertised, and four objections have been received from residents on the northern side of Johnsons Road opposite the site.  In summary, the main grounds of objection raised are as follows:

1.   Diminishment of quietness of the location, Johnsons Road being a no-through road and the reason for purchasing in the location.

2.   Loss of the present natural views and wildlife and its benefits for wellbeing and mental health.

3.   The increase in traffic in accessing the development opposite existing dwellings on the northern side of Johnsons Road with increased noise, disturbance, headlights into existing dwellings together with loss of privacy and loss of safety (especially to children in the area).

4.   The prospect of the site being a ‘building site’ for many years with significant disturbance from trucks, machinery, trades and similar, both on-site and by utilising Johnsons Road for access.  This includes being detrimental to sleep when engaged in shift work.

General residential ZONE (GRZ1)

Under Clause 32.08 a planning permit is required to subdivide land.  An application to subdivide land (into 16 to 59 lots) must meet all of the objectives and should meet the standards of all the requirements of Clause 56 except Clauses 56.03-1 to 56.03-3(Standards C2 to C4), 56.03-5 (Standard C6), 56.06-1 (Standard C14) and 56.06-3 (Standard C16).

Schedule 1 to the Zone specifies no additional requirements.

OVERLAYS

Clause 42.02 Vegetation Protection Overlay Schedule 1 (VPO1)

This Overlay (Clause 42.02) provides that a permit is required to lop, remove or destroy native vegetation.

The vegetation on the site includes a range of exotic, native and indigenous trees.  Amongst the indigenous trees are a number of River Red Gums, which have been identified within VP01 as being of value.

Considering the recommendations for retention and removal provided by the arborist's report included to inform this proposal, the trees being removed and retained as part of this proposal are considered to have been appropriately selected.  Two tree reserves and an area set aside for the Plenty River Environs are proposed which will serve to protect a large proportion of the trees identified to be of high to moderate retention value.

The tree reserves are located to ensure each reserve has significant pre-existing vegetation and are of sufficient size, and are appropriately located, to establish and preserve the natural character of the area.  They preserve a range of valued species, including River Red Gums and Yellow Box, and so preserve a valuable level of biodiversity.

The River Red Gums to be removed are limited to a total of seven (numbered in the Arborist Report as 44, 45, 47, 52, 53, 187, and 189)  Each of these are assessed as ‘low retention value’ with one rated (No. 53) ‘no retention value’ and each of these trees has a DBH of less than 50cm.

Clause 43.04 Development Plan Overlay Schedule 34 (DPO34)

The Development Plan Overlay contains a general provision that a permit for subdivision, use or development should be in accordance with an approve d Development Plan unless the applicable schedule specifically states that a permit may be granted before a development plan has been prepared.

In this instance, Schedule 34 provides that a permit may be granted prior to the approval of a Development Plan where the Responsible Authority is satisfied that the proposed subdivision, use or development will not prejudice the orderly use and development of land, as outlined by the Concept Plan and development plan requirements included in this Schedule.

The site, being the former Mernda Primary School site, forms part of the Mernda Township Development Plan which is given effect through Schedule 34 to the Development Plan Overlay. 

Under this Schedule, a planning permit may be granted prior to the approval of a Development Plan where the Responsible Authority is satisfied that the proposed subdivision, use or development will not prejudice the orderly use and development of land, as outlined by the Concept Plan and development plan requirements included in this schedule.

It is considered that the proposed subdivision will not prejudice the orderly use and development of the land noting that it is consistent with the detailed Concept Plan and as such a Development Plan is not required to be prepared in advance of a permit being issued.  In that respect a Development Plan would not provide any greater guidance to a permit for subdivision, and it is also noted that:

·    The proposed subdivision is generally consistent with Mernda Township Concept Plan.

·    The site is within walking distance of public open space and the train station and is in proximity to the Mernda Town Centre.

·    The initial plan of subdivision was altered to to show the western access road continuing south to boundary of the adjacent property (to allow ultimate road connection to the south).

The detailed Concept Plan is included at Clause 6.0 of the Schedule.  As part of the concept Plan, the subject land has been identified for a mix of medium and standard density residential development.  Medium density development is shown along the northern part of the site (adjacent to Johnsons Road), while the remaining land to the south is shown to be developed at standard residential density, with lots ranging from 260sqm to 454sqm.

The subdivision layout shows lots between 192sqm to 274sqm (with frontages of 6m to 8.7m) fronting Johnsons Road which is generally consistent with the Concept Plan where the provision of medium density housing is encouraged.  The lot sizes proposed for the remainder of the site are varied in size and range between 244sqm to 454sqm.

CLAUSE 56 (Subdivision)

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

·    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

Strategic Implementation

ü

ü

The layout and design of the subdivision is generally in accordance with wider planning policies of the Whittlesea Planning Scheme, including the Mernda Township Development Plan's Concept Plan.

C5

Built environment

ü

ü

The subdivision implements the objectives of the State and Local Planning Policy in addition to zoning and overlay requirements.

The precinct creates a compact neighbourhood that has a highly permeable movement network. All allotments within the subdivision will have access to the Mernda Township Activity Centre, public open space and public transport.

C7

Lot diversity and distribution

ü

ü

The subdivision has a variety of lot sizes and will be able to accommodate varied dwelling typologies.

All lots will be capable of accommodating a dwelling, with approval by a planning or building permit.

C8

Lot area and building envelopes

ü

ü

Future dwellings on these lots will be able to achieve:

·     Appropriate solar access.

·     An appropriate area of secluded private open

·     Safe vehicle access and adequate onsite parking

·     Access to a full range of utilities

C9

Solar orientation of lots

ü

ü

The majority of allotments have been designed to satisfy the solar orientation standard.

The lots are adequate in area to provide appropriate solar access for future dwellings.

C10

Street orientation

ü

ü

A number of features are proposed to enable the creation of a safe community and to promote interaction between residents including:

·     All lots have primary frontage to a road.

·     Lots less than 300sqm are proposed in the northern portion of the site in close proximity to the open space.

·     The public open space will abut a road frontage

C11

Common area

ü

ü

No common property is created, and roads created would be transferred to Council as public roads.

C12

Integrated urban landscape

ü

ü

The primary public areas within the subdivision that require landscape design will be the streetscapes, in addition to the small open space areas.

A landscape plan is to be developed in coordination with Council's landscaping department. The landscape plan will consider species appropriate for the Mernda area

C13

Public open space provision

ü

ü

The Concept Plan indicates an area of open space being developed between the northern boundary of the proposed subdivision and Johnsons Road.

The proposed subdivision maintains this open space and also includes additional areas of open space along the eastern and western portions of the site, providing immediate access to open space for a large portion for dwellings within the proposed subdivision.

C15

Walking and cycling network

ü

ü

The Concept Plan nominates a shared path along the western side of the site, and this area will not be developed, with the open space in the area facilitating the development of a shared path at a future date.

All pedestrian and shared paths will be constructed to accommodate persons of limited mobility

C17

Neighbourhood street network

ü

ü

The road dimensions in the subdivision are sufficient to comfortably accommodate the key components of the neighbourhood street network including appropriately sized carriageways, sufficient on street parking, landscaping, drainage, public transport and pedestrian/cycle paths where required.

All carriageways will be constructed to accommodate emergency vehicles and service vehicles as appropriate.

C18

Walking and cycling network detail

ü

ü

The open space area on the western side of will facilitate footpaths which can feed into a network and connect pedestrians and cyclists to the surrounds, including Mernda Station and the Mernda Township Activity Centre.

C19

Public transport network detail

ü

ü

The subdivision does not include any arterial road, nor is it located adjacent to one. It is within the proximity of the Mernda station and buses which traverse Schotters Road.

C20

Neighbourhood street network detail

ü

ü

The road design will provide an accessible and safe neighbourhood street system.

The road reservation widths are generally wide enough to accommodate appropriately sized carriageways, traffic calming devices, parking, landscaping, drainage, public transport, and pedestrian/cycleway requirements for the different category roads as specified in Table C1.

Uninterrupted street lengths are kept below 200 metres and the street block widths are within the ranges specified.

The street geometry fosters the development of a safe environment for pedestrians.

C21

Lot access

ü

ü

The road reservation widths are generally wide enough to accommodate the pavement and verge widths for the different category roads as specified in Table C1.

C22

Drinking water supply

ü

ü

All lots will be connected to the local water supply to the satisfaction of the relevant water authority.

C23

Reused and recycled water

ü

ü

Recycled water supply systems will be developed to the satisfaction of the relevant water authority.

C24

Waste water management

ü

ü

Waste water systems will be designed, constructed and managed in accordance with the requirements of the relevant water authorities.

Reticulated waste water systems will be provided to the boundary of all lots where required by the relevant water authority.

C25

Stormwater management

ü

ü

The subdivision design will be designed and managed in accordance with the requirements and satisfaction of the relevant drainage authority.

C26

Site management

ü

ü

A Construction Management Plan could be required by condition of approval to ensure that environmental impacts are minimised during the construction phase.

C27

Shared trenching

ü

ü

Reticulated services will be constructed within shared trenches where appropriate.

C28

Electricity, telecommunications and gas

ü

ü

Electricity services can be made available to a staged development subject to the developer entering into the standard conditions of supply.

The demand on the electricity supply will be minimised by:

Allotments with good solar orientation

Dwellings that achieve a five star energy efficiency rating.

Telecommunication infrastructure will be extended and augmented as necessary to meet the future development requirements.

Broadband services will be provided as a part of the telecommunications package and will be made available to a staged development subject to the developer entering into a supply agreement.

C29

Fire hydrants

ü

ü

Fire hydrants will be installed to satisfy this standard.

C30

Public lighting

ü

ü

Public lighting will be provided within the street network, to contribute towards a safe movement network

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY

The land is not covered by a Development Contributions Overlay.  However, Developer Contributions are required in accordance with the rates set out in the Mernda Local Structure Plan Part 1 (Developer Contributions).  Contributions may be in the form of a cash contribution and/or works in lieu of payments.

A condition is included in the recommendation to require the contribution accordingly.

Comments on Grounds of Objection

1.       Diminished quietness of the location.

While it is understood that the proposal represents a marked change from the previous use of the site as a primary school and its present vacant status, the land and surrounding land is General Residential Zone which is an urban residential zone that includes the purpose of providing for a diversity of housing types and housing growth particularly in locations offering good access to services and transport.

Further, the DPO34 Schedule includes a detailed concept plan that shows the site to be designated for medium density housing at the northern part (i.e. to the Johnsons Road frontage) and standard density further south within the site.

These controls anticipate a development consistent with the proposed subdivision.

It is also noted that the development at the Johnsons Road frontage is largely consistent with the existing townhouse development on the adjoining property at 120 Schotters Road where the dwellings similarly front Johnsons Road.

2.       Loss of the present natural views.

Similar to the above comments, the development of the site is anticipated by the planning controls.  However, there has been a particular effort made to preserve as far as practical trees that are assessed as suitable for being retained.  Reserves shown in the initial application plan have been increased in area/width and an additional reserve created at the south end for that reason.

While the development is still a significant change, this will minimise the impact.

3.       Additional traffic and access.

The additional traffic (and access to the site) is a necessary correlation to the development of proposed lots for dwellings. 

The frontage to Johnsons Road has two access points and at the southern end of the proposed subdivision the access roads run to the western boundary (south side) and to the southern boundary (east side).  Both will connect to connecting roads once development occurs on the adjoining properties, as depicted on the Concept Plan in Schedule 34 to the DPO. 

The road to the west side of the land has been approved as part of a subdivision approved by Council in October 2020 for the adjoining land at 104-110 Schotters (Permit 719072), which includes a connecting road through to Schotters Road.  Ultimately, traffic to and from this estate will be well distributed.

4.       The site being a ‘building site’ for many years.

The recommendation for approval includes a requirement for a site management plan which will manage potential offsite impacts during the course of the construction of the subdivision.

Notably, a further planning permit will be required for dwellings on lots of less than 300sqm in area (these lots are at or near the Johnsons Road frontage) and typically include some conditions to prevent or minimise offsite impacts.  In any event, the construction of dwellings are required to comply with a code of conduct also seeking to minimise and manage potential offsite impacts.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021 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 application has been assessed against the Whittlesea Planning Scheme, including applicable policies, Zoning, Overlays and other provisions.

The proposed subdivision has been amended over the course of the application process and the proposal now demonstrates a satisfactory level of compliance, subject to appropriate conditions.  The sizes and variation of lots and retention of existing vegetation is acceptable and is consistent with the detailed concept plan which is in accordance with the outcomes sought by the Mernda Township Plan.

Accordingly, approval of the application is recommended subject to the conditions as set out the recommendation below.

 

 

Recommendation

THAT Council resolve to approve Planning Application No. 718577 and issue a Notice of Decision to Grant a Planning Permit for the subdivision of the land and removal of native vegetation in accordance with the endorsed plans and subject to the following conditions:

Amended Subdivision Concept Plan

1.       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, Revision G dated 05/03/2021 as prepared by Urbis, but amended to show:

a.    All vegetation within the site identified in accordance with the Arborist Report prepared by TreeMap Arboriculture dated May 2018 and nominated for retention or removal.

b.    full concrete laneway (8m wide) with swept paths for garbage collection.

c.    carriageway in accordance with the Council Urban design guidelines or as otherwise agreed with the Responsible Authority.

d.    the laneway connection to Johnsons Road and the footpath without impacting the trees.

Payments required

2.       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.

3.       Before a Statement of Compliance is issued under the Subdivision Act 1988, a public open space contribution as specified in the schedule to clause 52.01 of the Planning Scheme must be made to the Responsible Authority.

Functional Layout Plan

4.       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 1, 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 Bushfire Management Plan

5.       Before the development starts, an amended and updated Bushfire Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  When approved, the Bushfire Management Plan will be endorsed and will then form part of this permit.  The Bushfire Management Plan must be generally in accordance with the Bushfire Management Plan prepared by Bushfire Planning Report entitled “Bushfire Planning Assessment 17-19 Johnsons Road Mernda dated 22 May 2020 Version 1.0, but modified to show:

a.    Assessment based on the final subdivision concept plan.

b.    Dwellings on each lot constructed to a BAL-12.5 standard.

c.    Defendable space established and maintained in accordance with the recommendation of that Report.

CONDITIONS TO BE SATISFIED PRIOR TO COMMENCEMENT OF WORKS

Telecommunications services agreement

6.       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.

Engineering Plans

7.       Pursuant to sections 15 and 17(1) (b) of the Subdivision Act 1988, the applicant must submit engineering plans including specifications for works required under this permit to the Responsible Authority for approval.  The engineering plans submitted for approval must be to the satisfaction of the Responsible Authority and must incorporate details of all public works within and outside the subdivision as required by this permit.  If the subdivision is to be staged, engineering plans for each stage must be generally in accordance with the approved functional layout plans for each stage.

 

 

 

            7.1       Civil Works Plans

Works must be provided, in accordance with civil works plans and specifications as approved by the Responsible Authority, prior to the issue of Statement of Compliance. Before any works associated with the subdivision commence, detailed civil works plans for the relevant stage of works to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority.  The civil works plans will not be considered until the functional layout plan(s) for the relevant stage has been approved by the responsible authority and landscape works plans submitted, the plan of subdivision has been lodged for certification with the Responsible Authority and the locations of other authorities’ services have been provided to the satisfaction of the Responsible Authority.  When approved, the civil works plans will be endorsed and will then form part of the permit.  The civil works plans must be drawn to scale with dimensions and three copies must be provided. The civil works plans must include:

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

b.    All details of works consistent with the approved functional layout plan, submitted landscape plan and lodged plan of subdivision.

c.    Design for full construction of streets and underground drainage, including measures to control / capture pollutants and silt.

d.    Provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan.

e.    Provision of public lighting and underground electricity supply within all streets.

f.     Traffic control measures.

g.    Provision of street name plates to the Council standard design including a schedule of individual signs and associated street numbers.

h.    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.

i.     Any shared paths in accordance with the Development Plan Overlay Schedule 34 within streets and reserves.

j.     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.

k.    The location and provision of vehicle exclusion mechanisms abutting reserves.

l.     Details of the proposed treatment and provision for lot boundary fencing adjoining all reserves other than road reserves.

m.   Appropriate mechanisms for protecting environmental and heritage assets during the construction phase of the subdivision.

n.    Provision for the utilisation of any surplus top soil from this stage.

o.    Permanent survey marks.

 

 

p.    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.

q.    Survey details of the canopy trunk location and size of trees to be retained and associated tree protection zones.

r.     Details in relation to all filling on the site which must be compacted to specifications approved by the Responsible Authority.

s.    The relocation underground of all existing aerial services, including electricity and telecommunications assets, within streets abutting the subdivision.

t.     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.

u.    A separate signage and line marking plan identifying the road layout, proposed signs, line marking, RRPMs and a sign schedule.

            7.2       Landscape Works

Plans Prior to the approval of civil works plans for each stage, a draft landscape works plan for that stage must be submitted to the Responsible Authority for comparison against the civil works plans.  Once approved to the satisfaction of the Responsible Authority, the landscape works plan will be endorsed and will then form part of the permit.  The landscape works plan must be drawn to scale with dimensions and three copies of the final plan must be provided.  The landscape works plan must show:

a.    The removal of all existing disused structures, foundations, pipelines or stockpiles and the eradication of weeds.

b.    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).

c.    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).

d.    Mechanisms for the exclusion of vehicles.

e.    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).

f.     Hazard reduction pruning of trees to be retained, to the satisfaction of the responsible authority.

 

 

g.    Where sufficient detail is shown on the endorsed landscape masterplan, to the satisfaction of the Responsible Authority, stage landscape plans may not be required.

8.       Unless the Council agrees under section 21(1) (b)(ii) of the Subdivision Act 1988 , all works shown on the endorsed construction plans must be constructed or carried out in accordance with the plans before the issue of a Statement of Compliance for the relevant stage under the Subdivision Act 1988 all to the satisfaction of the responsible authority.

Statement of compliance with deferment of engineering works

9.       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:

            9.1 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.

9.2 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 3 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.

Tree Protection Zones

10.     Prior to the certification of a plan of subdivision under the Subdivision Act 1988, a Tree Protection Zone plan for the subdivision or stage of subdivision to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Tree Protection Zone plan will be endorsed and will then form part of the permit. The Tree Protection Zone plan must be drawn to scale with dimensions and three copies must be provided.  The Tree Protection Zone plan must show:

a.    A Tree Protection Zone on a lot covering each tree marked for retention on the approved tree protection envelope plan; and

b.    A Tree Protection Zone within open space and road reserves for each tree or cluster of trees marked for retention on the approved tree management plan.

The Tree Protection Zone is a shape defined by a circle, whose centre point is the centre point of the tree trunk at ground level, and whose radius is equal to half the height of the tree (or half the crown width (whichever is the greater)) plus the tree canopy plus one metre.

Tree Protection Zone Fencing

11.     Prior to commencement of subdivision works (including any demolition, excavations, tree removal, delivery of construction materials and/or temporary buildings) 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; and

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.

CONDITIONS TO BE SATISFIED PRIOR TO ISSUE OF A STATEMENT OF COMPLIANCE

Connection to Telecommunication Services

12.     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.

 

Building Envelope Plans

13.     Prior to the issue of a Statement of Compliance, the permit holder must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987 or any alternative restriction deemed satisfactory by the Responsible Authority for all lots between 300m2 and 500m2 which requires the preparation of building envelope plans.  These building envelope plans must:

a.    Be in accordance with Standard C8 and any other relevant Standard under Clause 56 of the Whittlesea Planning Scheme.

b.    Incorporate plans and a written statement to address each of the relevant objectives and performance measures of Clause 54 of the Whittlesea Planning Scheme to the satisfaction of the Responsible Authority.

c.    Require the construction of all dwellings and associated development be contained within the nominated building envelope for each of the lots hereby approved except with the prior written consent of the Responsible Authority.

d.    Include design guidelines to ensure a consistent building form and design outcomes for groups of contiguous allotments affected by a building envelope pursuant to this Condition.

The costs for preparation and execution of the Agreement shall be borne by the permit holder.

Servicing strategy

14.     A servicing strategy must be provided detailing whether existing infrastructure will be used or new infrastructure will be provided to service the proposed development.  The strategy must also identify location of any trunk services and space requirements, and the proposed staging of infrastructure delivery as relevant.

Access to lots

15.     Access to each lot created must be provided by a vehicle cross over constructed to the responsible authority standards from a fully constructed carriageway to the satisfaction of the Responsible Authority.

Services to lots

16.     Before a Statement of Compliance is issued for each stage, domestic standard services for reticulated water, and provision for reticulated recycled water, drainage, sewerage and underground electricity reticulation must be available to each lot.

Site Management Plan

17.     Before any works, including works required by other authorities, commence:

a.    Four copies of a site management plan for the relevant stage must be submitted to and approved by the Responsible Authority. When approved, the Site Management Plan will be endorsed and will then form part of the permit.  The Site Management Plan must:

(i)     Include separate parts describing relevant matters of occupational health and safety, traffic management, environmental controls and cultural protection measures.

(ii)    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.

(iii)   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 any works are in progress.

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

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

b.    All environmental and cultural protection measures identified shall be described on a drawing(s) drawn to scale and prepared in accordance with Melbourne Water standards for such drawings.

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.  The approved measures must be carried out continually and completed to the satisfaction of the Responsible Authority.

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.

19.     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.

20.     Access to each lot created must be provided by a vehicle cross over constructed to the responsible authority standards from a fully constructed carriageway to the satisfaction of the Responsible Authority.

21.     Before a Statement of Compliance is issued for each stage, domestic standard services for reticulated water, and provision for reticulated recycled water, drainage, sewerage and underground electricity reticulation must be available to each lot.

22.     Each reserve shown on the endorsed plan(s) must be provided with services and facilities to a domestic service standard to the satisfaction of and at no cost to the responsible authority including power and water for neighbourhood parks.

Tree Removal Conditions

23.     No native vegetation, other than that shown on the endorsed plan, shall be destroyed, felled, lopped, ring barked or uprooted, without the consent of the Responsible Authority.

24.     In order to offset the removal of native vegetation (patch, scattered trees or re-vegetation) approved as part of this permit, the applicant must provide a native vegetation offset that is in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017) and the native vegetation gain scoring manual Version 2 (DELWP 2017).  The offset, unless otherwise agreed to in writing by the Responsible Authority, must:

n.    Contribute a gain of 0.001 General Habitat Units (GHUs);

 

o.    Be located within the boundary of the Whittlesea municipality or the Port Phillip and Westernport Catchment Management Authority area; and

p.    Have a strategic biodiversity score of at least 0.112 of the native vegetation approved for removal.

Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the Responsible Authority. 

The removal of any other planted Eucalyptus or Corymbia spp. must be undertaken outside of the critically endangered Swift Parrot migratory period; winter.

25.     A targeted survey for the nationally threatened Golden Sun Moth during the breeding period (Oct-Jan) to determine whether they are present within the study area must be carried out as recommended in the Biodiversity Assessment submitted with the application.  To ensure the applicant meets their obligations under the EPBC Act, a targeted survey and self-assessment under the Act must be undertaken.

26.     The permit holder is to ensure that tree removal is carried out in a safe manner.

27.     The permit holder is to locate all services either above or below ground prior to the commencement of any works.

28.     Stumps and any surface roots are to be ground down below ground level. Ground and chipped material to a depth of 50mm is to be removed from site at the direction of the project manager. The permit holder must supply and replace suitable topsoil and seed the area making certain that the reinstated ground surface is level, even and safe.

29.     All stumps not removed immediately after removal of the tree are to be paint marked with a suitable bright yellow reflective marking paint.

30.     All stumps must be removed within 14 days of removal of the tree.

31.     All timber greater than 300mm in diameter that cannot be reused as habitat, furniture or another use determined as appropriate by the responsible authority shall be hammer milled and shredded for reuse as mulch within the subject site.

32.     All timber less than 300mm in diameter and branch/leaf material shall be shredded for reuse as mulch within the subject site.

33.     At the completion of the works, the applicant is to arrange for an appropriate Council officer to inspect the site to ensure compliance with the planning permit.

Top Soil

34.     No top soil is to be removed from land covered by the subdivision without the written consent of the Responsible Authority.

Time Limit

35.     This permit will expire if:

a.    The plan of subdivision for the first stage is not certified within 2 years of the date of this permit; or

b.    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.

c.    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 time if a request is made in writing before the permit expires or within six months afterwards.

REFERRAL AUTHORITY CONDITIONS

Ausnet Electricity Services Conditions (Condition 35)

36.     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.

Melbourne Water Conditions (Conditions 36 to 48)

 

 

 

37.     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 other matters in accordance with the statutory powers of Melbourne Water Corporation.

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

39.     Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

40.     Prior to the issue of a Statement of Compliance for the subdivision, engineering plans of the subdivision (in electronic format) must be submitted to Melbourne Water for our records.  These plans must show road and drainage details and any overland flow paths for the 100 year ARI storm event.

41.     Alignment of roads and reserves with any adjoining estates must ensure continuity and provide uninterrupted conveyance of overland flows.

42.     Prior to Certification of any Plan of Subdivision associated with the application, a stormwater management strategy including associated modelling must be submitted and accepted by Melbourne Water and Whittlesea Council.  The strategy must demonstrate the following:

·    The proposed alignment for any 1 in 5 year drainage infrastructure and any associated overland flow paths directions for the 1 in 100 year ARI flood event;

·    The details of the proposed outfalls for the development, including interactions and/or license agreement with downstream land owners.

·    Proposed lot fill levels relative to the 1% AEP flood level, including the provision of required freeboard.

43.     Prior to the issue of a Statement of Compliance for the subdivision, a Site Management Plan detailing pollution and sediment control measures must be submitted to Melbourne Water.

44.     The subdivision is to make provision for overland flows from the upstream catchment utilising roads and/or reserves.

45.     Any road or access way intended to act as a stormwater overland flow path must be designed and constructed to comply with the floodway safety criteria outlined within Melbourne Water’s Land Development Manual.

46.     Easements or reserves shall be created over existing and proposed Melbourne Water assets on the Plan of Subdivision to the satisfaction of Melbourne Water.

47.     The developer is to negotiate with any downstream landowners to obtain a free draining outfall through their property.  Approval is to be forwarded to Melbourne Water for our records prior to construction commencing.

48.     Any temporary outfall is to be arranged to the satisfaction of Melbourne Water, Council and the affected downstream property owner(s).

49.     Prior to the issue of a Statement of Compliance for the subdivision, a separate application direct to Melbourne Water must be made for any new or modified storm water connection to Melbourne Water's drains or watercourses.

Yarra Valley Water Conditions (Conditions 49 to 50)

 

Water

50.     The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water services.

Sewerage

51.     The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage services.

APT O&M Services Conditions (Conditions 51 to 52)

52.     Easements in favor of “Australian Gas Networks (VIC) Pty Ltd” must be created on the plan to the satisfaction of APT.

53.     The plan of subdivision submitted for certification must be referred to APT O&M Services Pty Ltd, in accordance with Section 8 of the Subdivision Act 1988.

 

 

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

ITEM 6.2.2      For Decision - Planning Permit Application 719422 for six lot subdivision at 24-26 Laurimar Hill Drive, Doreen 

Attachments:                        1       Locality Maps

2       Plan of Subdivision   

Responsible Officer:            Director Planning & Development

Author:                                  Principal Planner   

APPLICANT:                         Buckmaster Town Planning Pty Ltd

COUNCIL POLICY:              

ZONING:                                General Residential Zone Schedule 1 (GRZ1)

OVERLAY:                            Vegetation Protection Overlay Schedule 1 (VPO1)

REFERRAL:                           Melbourne Water
Department of Transport
APA Group
Yarra Valley Water
AusNet

OBJECTIONS:                       Thirty-two objections

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application No. 719422 and issue a refusal to grant a planning permit for a six lot subdivision at 24-26 Laurimar Hill Drive, Doreen as the subdivision is inappropriate for this site and location.

Brief overview

The proposed subdivision is to create six lots, one of which contains the existing dwelling on the land.  The estate was developed under controls which included a variation of lots sizes that created larger ‘transition’ lots around the periphery, and a covenant preventing further subdivision and more than one dwelling per lot which has recently expired.

The application was advertised, and 32 objections have been received.  There are numerous reasons given for objections, including that the proposal is contrary to the existing character of the area.

rationale for recommendation

The proposal is contrary to the character of the area, the layout is unsatisfactory, it fails to meet key elements of Clause 56 (Residential subdivision) of the Planning Scheme and the subdivision would create an undesirable precedent for further subdivision in the area given that the restrictive covenant (that prevented further subdivision) has now expired.

impacts of recommendation

The refusal of the application will ensure that the existing neighbourhood character of the area is maintained and protected.

what measures will be put in place to manage impacts

All parties to the application will retain review rights through the Victorian Civil and Administrative Tribunal (VCAT).  Council will need to defend any decision made should the matter proceed to VCAT.

 

Report

SITE AND SURROUNDING AREA

The site is located on the north-eastern corner of Laurimar Hill Drive with the rear of the site backing onto Yan Yean Road.  It is roughly rectangular in shape with a curved frontage of 43.90m to the bend in Laurimar Hills Drive and rear boundary of 51.32m to the tree reserve along Yan Yean Road.  It has a depth of 152m along the north side and 86m along the south side.  It has a total area of 7,217sqm.  There is a gentle slope from the north-western corner to south-eastern corner.

It contains a single storey brick dwelling with pitched colourbond roof, located towards the centre of the site, and vehicle access at the southern part of the Laurimar Hill Drive frontage and a gravel driveway travels along the southern boundary and then wraps around the dwelling. There is no vehicle access to Yan Yean Road.

Other properties on the eastern side (similarly backing onto Yan Yean Road) and northern side of Laurimar Hill Drive, are larger lots – generally 4,500sqm or more in area.  Lots on the northern side of the street range from 6,000sqm to 1,500sqm. Properties on the western and southern sides of Laurimar Hill Drive are generally around 2,500sqm in area.

The eastern side of Yan Yean Road consists of large rural blocks with dwellings, outbuildings and dams, being in a Green Wedge Zone and within the City of Nillumbik.

restrictions and easements

The title records two restrictions – a S173 Agreement and a Covenant.

The Agreement (required by Council as part of the original subdivision permit in 2002) provides that:

·    There not be any direct access to Yan Yean Road, and

·    The future maintenance, repair or replacement of all fencing abutting open space or tree reserves is the responsibility of the owner of the land.

The Covenant imposed in July 2003 by the original developer which subdivided the land required a number of things, most notably relevant to the subject application, prevented more than one dwelling on a lot and prevented any further subdivision.  However, this Covenant was stated to run with the land until 1 January 2020, after which it has no further force or effect.

Given that the covenant has lapsed, there is no current restriction on the land that prevents a permit being considered for the subdivision as proposed.

Proposal

The proposal is for a six-lot subdivision with common property.  The exiting dwelling will be retained within a proposed lot (Lot 3) with an additional two lots on the western side (front) of the dwelling and three lots at the eastern side (rear).  The details of the lots are shown on the application plan in Appendix 2 of this report, and are briefly described as follows:

·    Lot 1 located at the western part of the site with a 25.88m frontage to Laurimar Hill Drive and an area of 770sqm.

·    Lot 2 located between Lot 1 and the dwelling, with a frontage of 11.02m to Laurimar Hill Drive and an area of 713sqm.

·    Lot 3 containing the existing and outbuildings with a 56.83m wide boundary to the common property and an area of 2421sqm.  Access would be from the common property.

·    Lots 4, 5 and 6 located to the rear of the site and oriented running east-west abutting the Yan Yean Road boundary and each with access from the common property.  The site areas of these lots are 881sqm, 881sqm and 958sqm respectively.

Public Notification

Advertising of the application has resulted in 32 objections being received.  The grounds of objection can be summarised as follows:

1.       The proposed subdivision is out of character with the area and contrary to the larger lots on the northern and western side of Laurimar Hills Drive providing a transition to rural lots to the north and east

2.       Dwellings developed on lots would be out of character with existing dwellings and would not be subject to the guidelines (in the covenant) which applied exiting dwellings in the area.

3.       Increase in traffic in the street and lack of street parking.

4.       Understanding from original purchases that the covenant would prevent any lots being further subdivided.

5.       Adverse impacts from construction of dwellings.

6.       It would create a precedent for further subdivisions.

7.       Adverse impacts on infrastructure services such as water, gas, sewerage NBN and waste collection.

8.       Decrease in property values.

General Residential ZONE (Scheudle 1)

Under Clause 32.08 a planning permit is required to subdivide land.  An application to subdivide land (into 3 to 15 lots) must meet all of the objectives and should meet the standards of all the requirements of Clause 56 except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.

Schedule 1 to the Zone specifies no additional requirements.

VEGETATION PROTECTION OVERLAY (SCHEDULE 1)

This Overlay (Clause 42.02) provides that a permit is required to lop, remove or destroy native vegetation.  The application does not include the removal of native vegetation and therefore consideration of this overlay is not relevant to the application.

CLAUSE 56 SUBDIVISION

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

·    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

C6

Neighbourhood character

X

X

The objective of C6 is to design subdivisions that respond to neighbourhood character.

Standard C6 requires that subdivision should:

Respect the existing neighbourhood character or achieve a preferred neighbourhood character consistent with any relevant neighbourhood character objective, policy or statement set out in this scheme.

Respond to and integrate with the surrounding urban environment.

Protect significant vegetation and site features.

The existing neighbourhood character comprising large lot sizes particularly on the western and northern sides of Laurimar Hill Drive, which provides wide street frontages, generous front and side setbacks, and a sense of separation and openness between dwellings.

The larger lots provide a transition to the rural areas to the north and the Green Wedge Zone (Nillumbik) to the eastern side of Yan Yean Road.

The proposed subdivision does not appropriately respond to this existing neighbourhood character.

There would be no guidelines for proposed dwellings that would similarly result in single storey dwellings or limit each lot to only one dwelling.  However, it is noted that such restrictions could be imposed by a requirement of any permit issued.  In addition, building envelopes showing offsets etc, could also be required.

C7

Lot diversity and distribution

ü

 

ü

 

The objective of C7 is

To achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services.

To provide higher housing densities within walking distance of activity centres.

To achieve increased housing densities in designated growth areas.

To provide a range of lot sizes to suit a variety of dwelling and household types.

 

The site is about 1.5km (by road) from the Laurimar activity centre.

The objectives seek to provide increased densities within walking distance of activity centres.  While the subdivision represents an increase in density, the proposed lots are relatively large (770sqm to 2421sqm) and still considered low density.

The proposal is considered to comply with the objectives to this clause.

C8

Lot area and building envelopes

ü

ü

Standard C8 requires Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by 15 metres and may contain a building envelope.

The proposed lots exceed 500m2 in area and each would be capable of containing a rectangle of at least 10m by 15m.

C9

Solar orientation of lots

ü

ü

The objective of this standard is to provide good solar orientation of lots and solar access for future dwellings.

The lots are adequate in area to provide appropriate solar access for future dwellings.

C10

Street orientation

X

X

The rear lots have no street frontage with access via the common property accessed alongside the southern boundary.

C11

Common area

ü

ü

The common property access would be commonly held, presumably by Lots 3 to 6 as Lots 1 and 2 have street frontage.

C12

Integrated urban landscape

N/A

N/A

The subdivision does not create any public streets or public open space.

C15

Walking and cycling network

N/A

N/A

Complies as the subdivision does not create any walking or cycling networks.

Laurimar Hills Drive has a footpath along the southern and western sides opposite the subject site.  Proposed lots would link to existing networks, with the rear lots connecting via the proposed common property.

C17

Neighbourhood street network

N/A

N/A

The subdivision does not create any pubic roads.

C18

Walking and cycling network detail

N/A

N/A

The objective of this clause is to design and construct footpaths, shared path and cycle path networks that are safe, comfortable, and accessible for people with disabilities.

 

 

The proposal is not of a magnitude where any of these facilities are part of the subdivision, and as indicated, the subdivision will connect to existing networks.

C20

Neighbourhood street network detail

N/A

N/A

The objective of this clause is to design and construct street carriageways and verges so that street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users.

No public streets are proposed in this instance.

C21

Lot access

X

X

The proposed common property access is considered unsatisfactory and that it should meet the requirements of an ‘Access Lane’ as set out in the Table to this Standard.

The limited width and nature of the access would compromise emergency and service vehicle access as well as waste collection.

C22

Drinking water supply

ü

ü

All lots would be connected to reticulated water supply.

Yarra Valley Water has required that any approval is to contain a condition that an agreement be entered into for the provision of water services.

C23

Reused and recycled water

ü

ü

This has not been required in this instance by Yarra Valley Water.  The subdivision is not of a scale that warrants a reticulated waste water system.  However, a requirement could be imposed on any approval for provision of water tanks as part of dwellings on each lot to provide water for non-drinking purposes.

C24

Waste water management

ü

ü

All lots would be connected to the reticulated sewerage system, and similarly Yarra Valley Water has required a condition that an agreement be entered into for that provision if the application was to be approved. 

C25

Stormwater management

ü

ü

Council’s Development Engineering Department has advised that if the application was to be approved a drainage management strategy would be required to be submitted and approved by Council.

C26

Site management

ü

ü

If approved, a condition of approval would require a detailed site management plan to be submitted and approved by Council to ensure that potential off-site impacts were properly managed during the construction stage of the subdivision.

C27

Shared trenching

ü

ü

Reticulated services could be provided in shared trenching where practical.

C28

Electricity, telecommunications and gas

ü

ü

The application was referred to relevant service authorities and all consented to a permit being granted subject to appropriate conditions. Standard conditions required by the Planning Scheme requires agreements for the provision of telecommunication services.

Comments on Grounds of Objection

1.       Out of character with the area.

The proposed subdivision is considered out of character with the surrounding pattern of development, and in particular in relation to the larger lots established on the periphery of this residential area along the northern and eastern side of Laurimar Hills Drive.

Land to the north of this residential area is in the Rural Conservation Zone Schedule 1 and to the eastern side of Yan Yean Road (within the Shire of Nillumbik) land is in the Green Wedge Zone.  In both these areas the minimum lot size applying to new subdivision is 40 hectares.

The proposed subdivision compromises the principle of the transition sized lots around the northern and eastern side of Laurimar Hills Drive which borders this residential area.

Character is considered a key issue in this application and the proposed subdivision is considered to be contrary to the existing character of the area.  There is further discussion relating to character below.

2.       Dwellings would be out of character with existing dwellings.

A planning permit would not be required for a dwelling on each lot in the proposed subdivision and the requirement to meet development guidelines that were applied by the now expired covenant would not apply to new dwellings.  Hence dwellings and spacing inconsistent with established dwellings could be developed.

However, it is noted that in any subdivision if a permit was granted there could be a requirement by formal agreement or restriction on the subdivision for dwellings to comply with requirements to limit to one dwelling only and for building envelopes to be imposed.  This would provide an assurance of a single dwelling only per lot and suitable spacing in accordance with previous requirements.

3.       Increase in traffic in the street and lack of street parking.

There would be limited additional traffic arising from an additional five lots and subsequent dwellings.  The lots would be of sufficient size to accommodate parking including visitor parking on site.

4.       Understanding that the covenant would prevent further subdivision.

While previous purchasers in the area may have understood that due to the covenant there would be no further subdivision of lots, the covenant placed by the original developer on land titles has always had the lapse date of January 2020.

 

 

 

5.       Impacts from construction of dwellings.

Any dwellings while being constructed would have some impact on the surrounding area while under construction, however management of construction can occur in accordance with relevant local laws.

6.       Precedent for further subdivisions.

If the current application was to be approved it would represent a change to the character, and it may encourage other similar applications.  While precedence may be a factor in consideration of future subdivisions, it is noted that each application would still be required to be assessed on the merits of each future proposal, including consideration of character.

7.       Impacts on infrastructure services.

There would not be any expected loss or diminishment of services.  However, the issue of waste collection has not been addressed, and with limited frontage for lots that have access via the common property there is inadequate street frontage for the placement of waste bins.  Bins would likely be placed in front of other properties.

While a requirement could be made for private waste collection to the four lots with access via the common property driveway (if the application was approved) there would need to be alterations to the common property to provide for adequate access and turning. Any such requirement would be by way of a Waste Management Plan and amended subdivision layout plans, potentially further reducing lot sizes to address the collection, access and turning of waste vehicles.

8.       Decrease in property values.

The issue of property values (whether decrease or increase) is not a planning consideration and cannot be considered as part of the application.  This principle has been consistently held in numerous VCAT cases where this matter has been raised.

neighbourhood character

The response to neighbourhood character is a key issue in this application.

The Laurimar Development Plan which applied to the site at the time of subdivision required appropriately sized lots to create a graduated transition between the surrounding farmland including the green wedge zoned land to the east.  The larger lots containing single dwellings along the northern and eastern sides of Laurimar Hills Drive in particular have achieved that transition and have resulted in a semi-rural character to the area.

This principle was reinforced by the covenant that was applied to lots in the subdivision by the original developer of the subdivision, in particular by the prevention of further subdivision and requirement for no more than one dwelling per lot.  While that covenant has now expired, it has been instrumental in creating the existing character of the area that should be maintained.

The covenant also required all dwellings to comply with the prescriptive Laurimar Hills Design Guidelines which included reference to the rural character of the area which is reflected in the inclusion of porches and verandas, no or low front fencing, generous front setbacks, a sense of openness and separation between dwellings.

While the Laurimar Development Plan and covenant no longer apply, both have resulted in establishing the character of the area that now exists, both in terms of the subdivision pattern (large lots on the periphery) and the consistent built form and spacing of dwellings.

As well as larger lots being on the northern and eastern side of Laurimar Hill Drive, a key characteristic of the Estate is that all dwellings can be seen from the street.  The proposed subdivision is a “battle-axe” form in which the four western lots (including the lot containing the existing dwelling) would be to the rear of two lots fronting the street with access by a shared driveway (common property) located adjacent to street facing lots. 

Dwellings on these lots will obscure four dwellings from the street which is not in keeping with the surrounding character.

While “battle-axe” subdivisions are used in some types of subdivision (particularly in two-lot subdivisions) in circumstances similar to this proposed subdivision they are extremely unusual.  One of the few instances is immediately north of the subject site, but the two lots in that instance are 11,110sqm and 5,077sqm – both significantly larger than the more commonly observed 2000sqm lots that make up most of the lots in the immediate area

Other than Lot 3 (the existing dwelling) the proposed lots are between 713sqm and 958sqm. The size of these lots is also inconsistent with the established subdivision layout.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 proposed subdivision is not supported due to the number of lots being created, the area of the lots being smaller than other established lots, and the limited street presence as a result of the form of the subdivision with lots to the rear with a common property access.

A detailed assessment concludes that the proposal is significantly contrary to the existing character of the area and that there are other aspects of Clause 56 with which it does not meet.

Accordingly, refusal of the application is recommended.

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 719422 and issue a Refusal to Grant a Planning Permit for proposed six lot subdivision on the following grounds:

1.       The proposal does not comply with Clause 56 (Residential Subdivision) in the following respects:

a)      Clause 56.03-5 Neighbourhood character objective (Standard C6)

b)      Clause 56.04-4 Street orientation objective (Standard C10)

c)      Clause 56.06-8 Lot access objective (Standard C21)

2.       The proposal does not respond appropriately to the existing character of the area and is contrary to the neighbourhood character.

3.       The form and style of the subdivision is contrary to the character of the area.

 

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

ITEM 6.2.3      For Decision - Planning Application NO. 720167 - Removal of Native Vegetation associated with a Utility Installation at 385 McDonalds Road, South Morang   

Responsible Officer:            Director Planning & Development

Author:                                  Principal Planner   

APPLICANT:                         AusNet Services

COUNCIL POLICY:               12.01-1L River Redgum Protection Policy

ZONING:                                Special Use Zone – Schedule 6

OVERLAY:                            Not applicable

 

REFERRAL:                          AusNet Electricity Services Pty Ltd – Section 52

Department of Environment, Land, Water and Planning - Section 52

OBJECTIONS:                       Advertising was not undertaken

RECOMMENDATION SUMMARY

That Council resolve to approve Planning Permit Application No. 720167 and Grant a Planning Permit for the removal of Native Vegetation at 385 McDonalds Road, South Morang subject to conditions.

Brief overview

It is proposed to remove ten river red gums to facilitate the construction and expansion of a utility installation at the existing AusNet Exchange.

Notice of the application was not undertaken as the proposed vegetation is central to the site and no material detriment will be caused, which is discussed later in the report.

rationale for recommendation

The removal of vegetation is required to facilitate the construction and expansion of a utility installation as part of an interstate upgrade that will see Victoria share power with New South Wales and vice versa during times of peak demand.  Approval is recommended subject to conditions, including appropriate protection of vegetation to be retained and the provision of compensatory offset planting.

impacts of recommendation

The proposal will deliver important State and Federal infrastructure for the provision of electricity, however native vegetation is required to be removed to facilitate this construction.

what measures will be put in place to manage impacts

Appropriate tree protection measures, including the establishment of tree protection zones and fencing will be applied to all vegetation to be retained. Vegetation will be removed under the supervision of appropriate professionals.

Where native vegetation is to be removed, the felled trees will be retained on suitable land for habitat purposes where possible and compensatory offset planting will be required in accordance with relevant requirements.

 

Report

SITE AND SURROUNDING AREA

The subject site is located at No. 385 McDonalds Road, South Morang.  The site is irregular in shape and comprises of 59.81ha with frontage to Findon Road in the north and Ferres Boulevard in the west.  Approximately 30ha of the land is established with existing infrastructure forming part of the South Morang Terminal Exchange Station.  The site comprises six parcels, however this application for vegetation removal relates only to Lots 1 and 2 TP 379262.

The land is relatively flat and contains low intensity grazing land and scattered River Red Gums throughout the property.  The site adjoins the South Morang Rail Station to the south, with the City of Whittlesea Civic Centre and Plenty Ranges Convention Centre across Ferres Boulevard to the west.  To the north across Findon Road is the Hillsview Recreation Reserve, the Hillsview Conservation Reserve and the Hendersons Creek Wetland.

restrictions and easements

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

Proposal

The application seeks the removal of native vegetation (10 River Red Gums) to facilitate the construction and expansion of a utility installation at the South Morang Terminal Exchange Station, which forms part of Victoria’s electricity transmission network and provides high voltage electricity to the state.

Planned upgrades are proposed under Federal and State Government jurisdiction to transfer high voltage power between Victoria and New South Wales.  The proposed works involve an upgrade to the existing infrastructure focused on increasing the capacity of South Morang Terminal Station (SMTS) to provide additional high voltage power in times of high demand or need.  Works include the installation of new transformer bays, installation of new power poles, upgrading of overhead power lines, undergrounding of power lines, laying of construction pads and building of temporary access roads.

The extension to the existing SMTS is a high priority project with both Federal and State Government requiring completion before October 2022. The utility installation works do not trigger a planning permit; however native vegetation removal requires planning approval. 

The design considered multiple options to reduce the environmental impact, including requirement for vegetation removal. The design includes the installation of monopole structures instead of a lattice structure to minimise the affected area and reduce the requirement for tree removal. The design also investigated line rerouting options, where possible, to reduce the required tree removal.

Details of the proposed tree removal are outlined in the following table:

Tree No.

Species

Height

DBH (m)

Tree Protection Zone (TPZ)

Comment

A

River Red Gum Eucalyptus camaldulensis

15m+

1.18m

14.2m

Native vegetation offset required.

B

River Red Gum Eucalyptus camaldulensis

15m+

1.17m

 14m

Native vegetation offset required.

C

River Red Gum Eucalyptus camaldulensis

15m+

0.81m

9.7m

Native vegetation offset required.

D

River Red Gum Eucalyptus camaldulensis

15m+

1.02m

12.2m

Native vegetation offset required.

E

River Red Gum Eucalyptus camaldulensis

10m

0.55m

6.6m

Native vegetation offset required.

F

River Red Gum Eucalyptus camaldulensis

15m+

0.67m

8m

Native vegetation offset required.

G

River Red Gum Eucalyptus camaldulensis

10m+

0.42m

5m

Native vegetation offset required.

H

River Red Gum Eucalyptus camaldulensis

15m+

0.68m

8.2m

Native vegetation offset required.

I

River Red Gum Eucalyptus camaldulensis

15m+

0.70m

8.4m

Native vegetation offset required.

J

River Red Gum Eucalyptus camaldulensis

15m+

0.52m

6.2m

Native vegetation offset required.

Public Notification

The subject site is within a Special Use Zone - Schedule 6 and its purpose is for the future use and development of the South Morang Terminal Station. These utility installation works are anticipated under the zoning and the associated removal of native vegetation which is located over 100 metres from any adjoining land is unlikely to cause any material detriment.

In addition, the immediate area is not considered to have any sensitive interfaces as it is surrounded by main roads or land that is subject to commercial zoning.

Therefore, advertising of the application was not undertaken as it was determined that the proposed native vegetation removal associated with the minor utility installation would not cause material detriment to any person in accordance with Section 52(1)(a) of the Planning and Environment Act 1987.

The application was however referred to the Department of Environment, Land, Water and Planning and AusNet Electricity Services Pty Ltd who were both supportive of the native vegetation removal to facilitate this project.


 

ASSESSMENT AGAINST THE WHITTLESEA PLANNING SCHEME

Planning Policy Framework

Clause 12.01-2S Native Vegetation Management

The objective of this Clause is to ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. This clause seeks to ensure that decisions that involve, or will lead to, the removal, destruction or lopping of native vegetation, apply the three-step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017):

§  Avoid the removal, destruction or lopping of native vegetation.

§  Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be avoided.

§  Provide an offset to compensate for the biodiversity impact from the removal, destruction or lopping of native vegetation.

The application was referred to DELWP, who were satisfied that adequate offsets could be secured for the removal of vegetation.

Clause 12.01-1L River Red Gum Protection

The objective to this clause is to retain and provide for the long-term viability of River Red Gums. Strategies for achieving this include maximising the retention, protection and incorporation of mature River Red Gums and juvenile trees (to support regeneration) into the design of any development or subdivision and limiting removal of mature River Red Gum trees to only those that present a danger to people and property.

Zone and Overlays Decision Guidelines

The following Planning Zone and Overlays are considered to be relevant to this proposal:

Special Use Zone – Schedule 6

The subject site is located within the Special Use Zone – Schedule 6 (South Morang Terminal Station).  The purpose of this zone is:

§  To provide for the future use and development of the South Morang Terminal Station.

§  To ensure that development of these facilities takes place in an orderly and proper manner and does not cause loss of amenity to the surrounding neighbourhoods.

Pursuant to Clause 37.01-1 and Section 1.0, Schedule 6 to the Special Use Zone of the Whittlesea Planning Scheme, a permit is not required for the use or development of a Utility Installation.  There is no trigger for vegetation removal within the zoning provisions.

Particular Provisions

Clause 52.17 Native Vegetation

Pursuant to Clause 52.17-1 of the Whittlesea Planning Scheme, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation.

The proposal was required to demonstrate how it avoids and minimises the removal, destruction or lopping of vegetation. A flora and fauna assessment was submitted with the application. The assessments identified and mapped various ecological constraints. Steps have been demonstrated as to how the proposed work will avoid and minimise the impact of native vegetation at the design stage of the proposal.

The application includes proposed removal of remnant vegetation and therefore appropriate offsets must be secured via permit conditions. Council officers engaged with the Department of Environment, Land, Water and Planning (DELWP) in the preparation of conditions to address this matter and these should be included in any permit that issues.

Native vegetation offset requirements (i.e., how much vegetation will be removed/provided) is determined in ‘offset credits’, therefore the amount of revegetation required to be provided by a permit holder varies depending on the type and location of offsets they wish to pursue. This is calculated by the State Government Department of Environment Land Water & Planning (DELWP) based on the extent of the vegetation to be removed; the condition of the vegetation to be removed; and if the vegetation is a habitat for a rare or threatened species

The applicant will be required to achieve a credit score equal to the value of the vegetation that is to be removed as determined by DELWP in accordance with the Guidelines for the Removal, Destruction or Lopping of Native Vegetation 2017.

The loss of biodiversity from the removal of native vegetation needs to be offset in accordance with the Guidelines for the Removal, Destruction or Lopping of Native Vegetation.  Offsets are designed to compensate for the biodiversity value of native vegetation only, not its other values.

A combination of site-based and landscape scale information is used to calculate the biodiversity value of native vegetation to be removed. This is used to determine loss in biodiversity value required to be compensated for with an offset that provides an equivalent gain in biodiversity value. Biodiversity value is represented by a general or species habitat score as follows: The extent and condition score of the native vegetation to be removed and the condition score of the native vegetation are combined to determine the habitat hectares. This is a site-based measure of biodiversity value.

General habitat units are the amount of offset that must be secured if the application is approved.  This is required to be a condition on any permit for removal of native vegetation.  This is calculated as follows:

General habitat units required = general habitat score x 1.5

The offset site must have a strategic biodiversity value score of at least 80% of the strategic biodiversity value score of the native vegetation to be removed.  This is to ensure offsets are located in areas with a strategic biodiversity value that is comparable to the native vegetation to be removed.

PLANNING COMMENTS

The importance of native vegetation is acknowledged, and in particular River Red Gum trees, as a visual and environmental feature within the municipality.

In this instance, the request to remove this native vegetation including the River Red Gums is necessary in order to allow for the provision of infrastructure. The delivery of this infrastructure project is critical for the functionality of both of Victoria and New South Wales to deliver a reliable power supply to the community during periods of high peak usage.  The proposal is consistent with the purpose of the Special Use Zone - Schedule 6 and relevant policy guidelines and will facilitate orderly planning and infrastructure. The Ecological Assessment accompanying this application demonstrates that native vegetation removal has been avoided where necessary and ensures that the loss of native vegetation will be offset appropriately.  The works have been designed to suit both the need of the infrastructure and ensure vegetation loss is to the minimum extent necessary. Appropriate offsets will be acquired to mitigate the loss of vegetation.

Appropriate protection measures will be provided for those River Red Gums proposed for retention as outlined in the Site Environmental Management Plan and Ecological Assessment submitted with the application. These include Tree Protection Zone fencing and sign installation along with consultation by an arborist prior to removal of any vegetation.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 proposal has been assessed against the relevant policies and provisions of the Whittlesea Planning Scheme, including Clauses 12.01-1L (River Red Gum Protection) and 52.17 (Native Vegetation Removal), as well as applicable Zone and Overlays. Accordingly, it is recommended that the application be approved subject to conditions.

 

Recommendation

THAT Council resolve to approve Planning Application No. 720167 and Grant a Planning Permit for the removal of Native Vegetation at 385 McDonalds Road, South Morang in accordance with the endorsed plans and subject to the following conditions:

 

TREE REMOVAL CONDITIONS

 

1.       The tree removal allowed by this permit and as shown on the endorsed plans must not be amended for any reason without the consent of the Responsible Authority.

 

2.       No vegetation or tree shown for retention on the endorsed plans are to be removed, lopped, pruned or destroyed without the further written consent and approval of the Responsible Authority. Unless otherwise agreed in writing by the Responsible Authority any request for such consent must be accompanied by the report of a suitably qualified arborist to assist the Responsible Authority in determining whether to allow the removal, lopping, pruning or destruction of vegetation.

 

3.       Before works start, the permit holder must advise all persons undertaking the vegetation removal or works on site of all relevant permit conditions and associated statutory requirements or approvals.

 

4.       The total area of native vegetation proposed to be removed totals 0.400 hectares, comprised of:

 

a.      0 patches of native vegetation

b.      4 large scattered trees

c.      6 small scattered trees

 

5.       To offset the permitted clearing in accordance with Guidelines for the removal, destruction or lopping of native vegetation (DELWP 2017), the permit holder must secure general offset of 0.212 general habitat units:

 

a.      Located within the Port Phillip and Westernport Catchment Management boundary or the Whittlesea City Council municipal area

b.      With a minimum strategic biodiversity score of at least 0.365.

 

The offset(s) secured must also protect 4 large trees.

 

6.       Before any native vegetation is removed evidence that the required offset by this permit 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 the Department of Environment, Land, Water and Planning.

 

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.

 

7.       Within 6 months of the conclusion of the permitted clearing of native vegetation under this permit, the offset requirements can be reconciled with the written agreement of the responsible authority and the Department of Environment, Land. Water and Planning.

 

8.       The applicant must contact Council’s Parks and Urban Design Department to arrange for an appropriate officer to be present on site to supervise the removal of the trees

 

9.       A suitably qualified wildlife handler or zoologist is to be present when felling trees/removing native vegetation, to ensure affected wildlife is not harmed. If displaced wildlife that cannot be relocated on site to an appropriate location away from the construction footprint, or injured wildlife is captured, please contact DELWP on 136 186 for further advice.

 

10.     Before works commence (including any demolition, excavations, tree removal, delivery of building/construction materials and/or temporary buildings), tree protection fencing must be erected to the satisfaction of the Responsible Authority in accordance with the approved tree protection zone(s). The fencing must be erected to current Whittlesea City Council’s current standards.

 

11.     The tree protection zone fencing must not be removed or relocated at any time during construction without the prior written consent of the Responsible Authority

 

12.     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.

 

 

13.     Within the area of native vegetation to be retained and any tree protection zone associated with the permitted use and/or development, the following is prohibited:

 

a.      Any vehicle or pedestrian access, trenching or soil excavation, and

b.      Storage or dumping of any soils, materials, equipment, vehicles, machinery or waste products, and

c.      Entry or exit pits for underground services, and

d.      Any other actions or activities that may result in adverse impacts to retained native vegetation.

 

14.     Stumps and any surface roots are to be ground down below ground level. Ground and chipped material to a depth of 50mm is to be removed from site at the direction of the project manager. The project manager must supply and replace suitable topsoil and seed the area making certain that the reinstated ground surface is level, even and safe.

 

15.     All stumps not removed immediately after removal of the tree are to be paint marked with a suitable bright yellow reflective marking paint.

 

16.     Wherever possible and appropriate, native trees to be removed should be retained for use in Quarry Hills Parkland for habitat purposes to the satisfaction of the Responsible Authority. All timber less than 300mm diameter and branch/leaf material should be shredded for reuse as mulch.

 

17.     At the completion of the works, the applicant is to arrange for an appropriate Council officer to inspect the site to ensure compliance with the planning permit.

 

18.     The permit for native vegetation removal expires if it is not commenced and completed with 12 months after the issue of the permit.

 

Before the permit expires or within six months afterwards, the owner or occupier of the land to which it applies may ask the Responsible Authority for an extension of time. The Responsible Authority may extend the time within which the vegetation removal of it may be started or any stage of it is to be completed.

 

PERMIT NOTES

 

DELWP Note:

 

In accordance with the requirements of the Catchment and Land Protection Act 1994 all reasonable precautions must be taken to ensure that any soil and equipment is free from noxious weed seeds and other vegetative material that can grow prior to transporting any soil and equipment from the site.

  


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.3       Strong Local Economy

ITEM 6.3.1      For Decision - Planning Application No. 719852 - Use of the land for the purpose of a caretakers house at 7/24 Brand Drive, Thomastown 

Attachments:                        1       Locality Map

2       Architectural Plans   

Responsible Officer:            Director Planning & Development

Author:                                  Planning Officer   

APPLICANT:                         No Direction PTY LTD

ZONING:                                Industrial 1 Zone

OVERLAY:                            Development Contributions Plan Overlay

REFERRAL:                           None

OBJECTIONS:                       Nine Objections and One Petition with 11 Signatories received

RECOMMENDATION SUMMARY

That Council resolve to refuse Planning Application No. 719852 and issue a refusal to grant a planning permit for the use of a caretaker’s house at 7/24 Brand Drive as the use is inappropriate for this site and location.

Brief overview

The proposal seeks approval for the use of a caretaker’s house at 7/24 Brand Drive, Thomastown.

Notification of the proposal was undertaken with nine objections and one petition with 11 signatories received.

rationale for recommendation

The proposed use of the land for  a caretakers house does not comply with the relevant Planning Policy Framework, including Clause 17.03-1S (Industrial Land Supply) and Clause 33.01 (Industrial 1 Zone).  There has been no demonstratable need presented as to why a caretakers house is needed in association with the existing industry on site.

impacts of recommendation

The refusal of the application will ensure that the surrounding industrial uses will not be compromised by the introduction of an inappropriate caretaker’s house within an industrial area.

what measures will be put in place to manage impacts

All parties to the application will retain review rights through the Victorian Civil and Administrative Tribunal (VCAT).  Council will need to defend any decision made should the matter proceed to VCAT.

 

Report

SITE AND SURROUNDING AREA

The subject site is an industrial property located on the east side of Brand Drive, between Inglewood Drive to the north and Macquarie Drive to the south (see Attachment 1). The subject site forms part of an industrial complex that is comprised of 16 warehouses. The unit at 7/24 Brand Drive, Thomastown has a frontage of approximately 16m and an overall site area of approximately 330m2 which includes a mezzanine level, office, kitchen facilities, bathroom and a toilet. The site is currently being used as a warehouse. Access to the site is provided by way of a common accessway to brand drive.

The character of the surrounding area is industrial, comprising of warehouses, factories and other industrial uses. Buildings are constructed predominantly of concrete panels, glass and cement masonry, with provision of onsite car parking typically within the front setbacks or contained within or at the rear of industrial buildings and complexes.

restrictions and easements

The site is formally described as Lot 4 on Plan of Subdivision 623777J and is not encumbered by any restrictive covenants, Section 173 Agreements or easements. 

Proposal

The application seeks approval for the use of a caretaker’s house associated with the existing warehouse at 7/24 Brand Drive, Thomastown. 

The proposal seeks permission for an area of the existing building to be used for a caretaker’s house on the mezzanine level. The caretaker’s house also includes relevant facilities such as a bathroom and kitchen to support the use.

The site is currently used for the purposes of temporarily storing high-end model vehicles for vehicle owners. The business provides 24-hour surveillance of the vehicles as well as 24-hour access to the site for vehicle owners. The applicant has stated that the proposed caretaker’s house is required to provide 24-hour security and allow for owners to access their vehicles on short notice.

Public Notification

Advertising of the application has resulted in nine objections being received.  The grounds of objection can be summarised as follows:

1.       The use of a caretaker’s residence undermines the purpose of the Industrial 1 Zone;

2.       A residential use within an industrial site poses a safety risk due to increased pedestrian movement associated with the site;

3.       The proposed use will reduce property values;

4.       Approval of the application will establish a precedent of allowing residential uses within an Industrial Zone;

5.       Loss of car parking.

6.       Approval of a residential use within an industrial estate may lead to noise complaints against the businesses operating within the complex and accordingly undermine the operation of the existing businesses.

ASSESSMENT AGAINST CLAUSE 33.01 (INDUSTRIAL 1 ZONE) OF THE WHITTLSEA PLANNING SCHEME

The subject site is located within an Industrial 1 Zone. The purpose of the Industrial 1 Zone is to provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

Pursuant to Clause 33.01-3 of the Whittlesea Planning Scheme, a planning permit is required for the use of a caretaker’s house. An application for the use of land must also be considered against the decision guidelines at Clause 33.01-2 of the Whittlesea Planning Scheme. A technical assessment of the proposal’s response against the purpose of the Industrial 1 Zone and decision guidelines is outlined below.

The proposed use is inconsistent with Planning Policy Framework and in particular Clause 17.03-1S (Industrial Land Supply) which seeks to ensure the availability of land for industry. Strategies to achieving this objective include to avoid approving non-industrial land uses that will prejudice the availability of land in identified industrial areas for future industrial uses. The introduction of a residential accommodation use to the site is not considered to be a compatible use and will adversely affect the functionality and viability of existing and future industrial uses at the site.

The broader development at 24 Brand Drive, Thomastown is comprised of several other industrial and warehouse uses. These types of uses are as of right under the Industrial 1 Zone and therefore are not limited in their hours of operation. Having a caretaker’s house within a complex that shares common property with 15 other tenancies is not considered an appropriate addition to the existing land use mix. It is likely that a more sensitive use like this would encroach upon the industrial land and conflict with how these existing ‘as of right’ uses may wish to operate.

The proposed caretaker’s house sites central to the broader subject site and is also surrounded by other industrial and warehouse uses along Platinum Street to the east. It is likely that the introduction of the caretaker’s house into an industrial area would also conflict with the operations of those sites external to the broader subject site at 24 Brand Drive, Thomastown.

It is pertinent to note the following Victorian Civil and Administrative Tribunal decision for No Direction Pty Ltd v Whittlesea CC [2015] VCAT 913 (23 June 2015).  This decision relates to an existing caretaker’s house at 15/24 Brand Drive, Thomastown and will be discussed later in this report. From a review of Council records there have been a series of amenity-based complaints due to this existing caretaker’s house. Whilst every planning permit application must be assessed on its merits, it must also be considered against current controls and provisions as well as its existing context. On this basis, the addition of another caretaker’s house into the complex at 24 Brand Drive, Thomastown is likely to exacerbate existing concerns from surrounding industrial and warehouse uses.

An additional caretaker’s house into the 24 Brand Drive, Thomastown complex is not considered to be an acceptable outcome when considered against the Industrial 1 Zone, decision guidelines and other relevant Planning Policy Framework.

Comments on Grounds of Objection

1.       The use of a caretaker’s residence undermines the purpose of the Industrial 1 Zone;

The use of a caretaker’s house will prejudice the operation of existing and future industrial businesses within proximity to the site by introducing in incompatible residential use into an industrial area.


 

2.       A residential use within an industrial site poses a safety risk due to increased pedestrian movement associated with the site;

The additional pedestrian traffic generated by this proposal would not pose any additional safety risk to pedestrians within the site.

3.       The proposed use will reduce property values;

VCAT has determined on many occasions that property values (including the perception of reduced property values) is not a relevant planning consideration.

4.       Approval of the application will establish a precedent of allowing residential uses within an Industrial Zone;

Each application for a planning permit is assessed on its merits and must comply with the Whittlesea Planning Scheme.  In this instance the proposal would likely have a detrimental impact on the area and affect the purpose and intent of the zoning controls. 

5.       Loss of car parking.

The proposal does not generate any additional car parking requirements pursuant to Clause 52.06 (Car Parking) of the Whittlesea Planning Scheme.

6.       Approval of a residential use within an industrial estate may lead to noise complaints against the businesses operating within the complex and accordingly undermine the operation of the existing businesses.

As noted above, it is considered that the introduction of a residential use within the industrial site would undermine the purpose of the Industrial 1 Zone and adversely impact on the functionality of the industrial uses within proximity to the site.

A petition with 11 signatories was also received, which restated that grounds of objections raised above.

RELEVANT VCAT DECISION

The following VCAT decision is relevant to this proposal:

No Direction Pty Ltd v Whittlesea CC [2015] VCAT 913 (23 June 2015)

The permit applicant has previously applied for the use of a caretaker’s house at 15/24 Brand Drive, Thomastown. Council resolved to approve this application on 16 August 2013 (Planning Permit 714298).

Of particular note are Condition 9 and Condition 10, which were imposed on Planning Permit 714298. Condition 9 states that the caretaker’s house must be occupied by no more than one person at any one time. Condition 10 of the permit states that approval of the caretaker’s house has been granted for a temporary period, which shall cease on 16 August 2015. This required that upon expiry of the permit, the permit holder must remove all buildings and works and cease all uses associated with this permit.

On 28 July 2014, an application to amend planning permit 714298 was lodged. The proposed amendment sought deletion of Condition 9 to allow for more than one person to occupy the caretaker’s house at any given time and deletion of Condition 10 to extend the life of the permit. The proposed amendment was refused by Council on 18 November 2014 and subsequently an appeal was lodged at VCAT. On 23 June 2015, VCAT resolved to approve the amendment to planning permit 714298.

The applicant’s request to amend the planning permit to delete Condition 9 was to legitimise a situation whereby a family of four were residing in the caretaker’s house. Alternative accommodation was found for the family prior to the hearing and subsequently the applicants review of Council’s decision to refuse the deletion of Condition 9 was withdrawn.

Subsequently, the sole matter considered by the tribunal in this instance was whether or not the applicants request to delete Condition 10 of the planning permit to extent the life of the permit was appropriate.

Key comments from the Tribunal are below:

[28]    …  I find Condition 10 is problematic because it inappropriately establishes a trial period for a permanent land use. This approach may be valid for short-term events such as an annual music concert [8] or a temporary endurance event [9], yet is not appropriate here.

[30]    … The purpose of a planning permit is to provide certainty regarding a proposed land use. This certainty allows an Applicant to pursue other regulatory approvals, obtain finances and undertake works in the knowledge that these efforts will not be sacrificed by the planning permission being removed…

Whilst the current proposal is for the use of a caretaker’s house within the same industrial complex, the following must be considered.

The previous VCAT decision considered the appropriateness of Condition 10 of the planning permit only, which allowed for the use to operate on a temporary basis only. The merits of the use of a caretaker’s house were not considered, nor did this form any part of the Tribunals findings on the matter.

It is noted that the original application for use of a caretaker’s house was approved under delegation on 16 August 2013. This decision was based upon the careful inclusion of conditions to monitor the operation of the site and ensure the ongoing suitability of the use within an industrial context. The imposition of Conditions 9 and 10 of the permit where specifically included with regard to the ongoing management of the site and surrounding industrial uses. In the absence of  these conditions, Council may well have found that the use was inappropriate.

DISCUSSION OF KEY ISSUES

Since the decision in 2013 relating to 15/24 Brand Drive, Thomastown, numerous advances in technology have arguably nullified the need for 24-hour surveillance by a caretaker which includes 24 hour camera to mobile phone surveillance and digital locking systems that can be accessed via a pin code or entry swipe card. Whilst a caretaker’s house is a discretionary use under the Industrial 1 Zone it must demonstrate how it responds to current provisions of the Whittlesea Planning Scheme as well as its existing context. The applicant throughout the process has been unable to satisfy officer’s concerns about why this sensitive use is required as the only option for security measures nor were they able to justify how it would respond to relevant planning requirements as previously discussed in this report. Therefore, it is not considered that a sufficient nexus between the business and the requirement for a caretaker’s house has been established to justify approval of the use.

Since the issue of Planning Permit 714298, Council has received numerous complaints from the existing business owners within the complex in relation to the use of the site as a caretaker’s house stating that the use is undermining the operation of the existing businesses. Many of the existing businesses operate on a 24-hour basis and have purchased land with the expectation that they will be able to operate without consideration of an accommodation use in proximity to their sites. The noise generated by the industrial uses within the area is incompatible with this use and it is considered that these numerous and continuous complaints are indicative that operation of a caretaker’s house is adversely affecting the viability of surrounding industrial uses, contrary to the objectives of Clause 17.03-1S and Clause 33.01 of the Whittlesea Planning Scheme.

Finally, it is acknowledged that the caretaker’s house approved by planning permit 714298 is still ‘live’ and the approved use can still operate from 15/24 Brand Drive, Thomastown.

The approval of an additional caretaker’s house at 7/24 Brand Drive would give rise to a situation whereby two caretaker’s houses are operating within the same industrial complex. This would further compromise the purpose of the Industrial 1 Zone and undermine the existing and future industrial uses operating within proximity to the subject site.

The presence of the existing caretaker’s house at 15/24 Brand Drive, coupled with the 24-hour nature of the businesses in proximity to the site, provides an element of security to the site and nullifies the requirement for an additional caretaker’s house within the industrial complex.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 proposal does not appropriately respond to the relevant Planning Policy Framework, including Clause 17.03-1S (Industrial Land Supply) and Clause 33.01 (Industrial 1 Zone). The proposed use does not demonstrate an acceptable level of compliance with the Whittlesea Planning Scheme and the introduction of a caretaker’s house into an industrial area compromises the purpose of the Industrial 1 Zone, contrary to the principles of orderly planning.

 

 

Recommendation

THAT Council resolve to Refuse Planning Application No. 719852 and issue a Refusal to Grant a Planning Permit for the Use of a Caretaker’s House on the following grounds:

1.       The proposal does not comply with Clause 33.01 (Industrial 1 Zone) as the proposal does not demonstrate a satisfactory response to decision guidelines of the zone.

2.       The proposal is inconsistent with Clause 17.03-1S as the proposed caretaker’s house will prejudice the availability of land for future industrial use.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.4       Sustainable Environment

ITEM 6.4.1      For Decision - Admendment to the Section 173 Agreement with Waterstone Hill Estate 

Attachments:                        1       Locality Map

2       Section 173 Agreement   

Responsible Officer:            Director Infrastructure & Environment

Author:                                  Team Leader Parks & City Forest Business Improvement   

 

RECOMMENDATION SUMMARY

It is recommended that Council resolve to:

1.       Accept the proposal for Council to commence maintenance of the existing trees in nature strips and landscaped areas in Waterstone Hill Estate.

2.       Amend the Section 173 agreement (dated 2002) under the Planning and Environment Act 1987 between the City of Whittlesea and the Owners Corporation.

3.       Notify the landowners and Owners Corporation of Waterstone Hill Estate in writing of Council’s decision.

Brief overview

·            In 2002, a Section 173 agreement (S173) was developed between the City of Whittlesea, the Body Corporate for the Waterstone Estate and landowner (South Morang Pastoral Company Pty Ltd) regarding the maintenance of trees and open space in the Waterstone Hill Estate, South Morang.

·            A letter was submitted by the Waterstone Hill Estate Owners Corporation dated 21 January 2021 requesting an amendment to the S173 agreement, thereby transferring maintenance responsibilities of trees on land in nature strips and landscaped areas to Council.

·            Notice was provided to the residents and landowners on 16 March 2021 calling for written objections to the amendment to be received by 16 April 2021. No such submissions were received.

·            The S173 amendment would place 536 street trees onto Council’s maintenance portfolio. The estimated cost of maintenance is $17,259 per annum, plus upfront costs totalling $67,000.

rationale for recommendation

The purpose of the amendment to the S173 agreement is to transfer the maintenance responsibilities of the trees on nature strips and landscaped areas in the Waterstone Hill Estate. This is considered reasonable given Council generally is responsible for the maintenance of trees in the road reserve, public nature strips and landscaped areas.

The current Section 173 Agreement is an unusual approach to the management of trees within the road reserve. Assets within the road reserve are generally maintained by Council unless they are the property of another service provider.

Given that the residents of the estate are paying Council rates as well as body corporate fees, they should have equity of access to Council services in line with their rates.

The management of street trees in other areas of the municipality is included in residential rates. Bringing the trees into Council’s maintenance programs will provide residents with improved access to services around the management of street trees within the Waterstone Hill Estate.

Council’s Street Tree Management Plan (developed in 2016 and revised in 2019) sets clear guidelines. It prioritises public safety and includes processes to minimise risk to property, while at the same time sets clear criteria that must be met before considering the removal of any healthy street trees in order to protect these community assets.

In addition to the Street Tree Management Plan Council has:

·    A comprehensive Street Tree Management Program – including a rolling inspection schedule for all 111,500 street trees, valuation, protection, maintenance, risk assessment and management, and removal and replacement if required.

·    A ten-year Street Tree Renewal Program – with a prioritised list of streets to have their street trees replaced.

impacts of recommendation

Amendment to the existing S173 agreement would result in Council being liable for the ongoing maintenance of the street trees in nature strips and landscaped areas throughout the Waterstone Hill Estate.

what measures will be put in place to manage impacts

Any lack of a rigorous maintenance program by the Owners Corporation can result in more reactive work for Council and potentially a greater public liability than if the street trees were managed by Council. Whilst it is acknowledged there is an initial, upfront cost to Council in getting these trees to our standard, this cost is offset by the savings of not having managed these trees for the last 10-15 years.

This resolution would also resolve issues arising from inconsistent levels of service in the community and mitigate Council’s duty of care risks for managing our assets in the road reserve.

 

Report

Background

1.          The Waterstone Hill Estate, South Morang (Attachment 1) is bounded by Quarry Hills Regional Park and encompasses private properties within the area encircled by Meridian Way, South Morang. The estate is the subject of a Maintenance Agreement (the Agreement) under Section 173 of the Planning and Environment Act 1987 signed in 2002. The formation of the Agreement was challenged by Council in the Victorian Civil and Administrative Tribunal but was unsuccessful. Subsequently, the Waterstone Hill Owners Corporation (Owners Corporation) has maintained most assets within the subdivision, except for drains, footpaths, streetlighting and road-related infrastructure. The exceptions are maintained by Council.

2.          Council received a letter dated 21 January 2020 from the Owners Corporation requesting a variation to the Agreement. In this letter, the Owners Corporation requested that Council assume management of the street trees in nature strips and landscaped areas throughout the Estate.

3.          In support of their request, the Owners Corporation state that a misinterpretation of the Agreement has occurred and that responsibility for public liability and management of the street trees, existing within the roadside areas, roundabouts and entry areas, form part of the streetscape and road reserves and are the responsibility of Council. Currently all other assets within the streetscapes including drains, roads, footpaths and streetlights remain the management responsibility of Council.

4.          The Owners Corporation have identified that management of street trees is a considerable financial burden and are requesting that the responsibility for street tree management be transferred to Council under amendment of the Agreement.

5.          All other maintenance items currently under the responsibility of the Owners Corporation, including park assets, will remain as per the Agreement.

Proposal

It is proposed that Council accept the request for amendment to the Agreement, thereby effectively transferring maintenance responsibilities for street trees at the Waterstone Hill Estate from the Owners Corporation to Council. The following table details some of the considerations and justification for assuming maintenance responsibilities for the street trees within the Waterstone Hill Estate.

Consideration

Comment

Purpose of the agreement

The purpose of the agreement is to outline maintenance responsibilities of public open space in the Waterstone Hill Estate.

Purpose of the amendment

The purpose of the amendment to the agreement is to transfer the maintenance responsibilities of the trees on nature strips and landscaped areas in the Waterstone Hill Estate. This is considered reasonable given Council generally is responsible for the maintenance of trees in nature strips and landscaped areas.

Whether any change in circumstances necessitates the amendment

There has been no specific change in circumstance. The Owners Corporation understood the intent of the original agreement was regarding the maintenance of street trees. Council generally maintains trees in nature strips.

 

Whether the amendment would disadvantage any person, whether or not a party to the agreement

It is considered that the amendment will not disadvantage any person or group. Council generally maintains trees in nature strips and would be able to maintain the subject trees to a satisfactory standard.

The reasons why the responsible party entered into an agreement

The agreement was developed to enable the Owners Corporation to maintain the public open space to a higher standard than Council’s maintenance standards. This will not be impacted by the amendment because the amendment only concerns management of the street trees and not trees located in the park or open space areas.

If the amendment is to remove land from the application of the agreement, whether the land is subject to any further liability under the agreement

Not applicable.

Any relevant permit or other requirements the land is subject to under the Subdivision Act 1988

Noted, and considered.

Any other prescribed matter

Not applicable.

Consultation

Regular consultation has taken place with the Chair of the Owners Corporation Committee over the past two years regarding the concerns of the members.

With regards to the most recent letter, written notice was provided to the residents and landowners on 16 March 2021 calling for written objections to the proposed amendment.

The submission period closed on 16 April 2021, with no objections being received. It is therefore considered that the proposed amendment is supported.

Financial Implications

1.          Management of street trees in nature strips and landscaped areas is standard Council service with existing contractual arrangements. The Waterstone Hill Estate tree stock (536 street trees) could be included under these arrangements at an estimated cost of $17,259 per annum.

2.          It should be noted that Council has already invested $31,000 into completed works at this site, such as management of high and medium priority risks and updating of the asset management register. There are however additional initial, upfront costs associated with improving the current standard of these trees prior to them being included on Council’s routine, proactive maintenance regime. The estimated initial, upfront costs are $36,000.

3.          A detailed financial analysis and expenditure breakdown (sourced from existing operational budgets) is provided in the table below.

Expenditure

Completed Works in the 2020/21 Financial Year

 

 

Urgent and high priority works

17,000

 

Asset registration, mapping and identification of remaining works

14,000

 

Total Completed Works

 

31,000

Initial Costs in the 2021/22 Financial Year

 

 

Implementation of remaining works through zone maintenance

36,000

 

Total Initial Costs

 

36,000

 

Ongoing Costs beyond the 2021/22 Financial Year

 

 

Routine and reactive maintenance

17,259

 

Total Ongoing Costs

 

17,259

Policy strategy and legislation

The proposal aligns with key directions and objectives in the following strategies:

·    Whittlesea 2040

·    Greening Whittlesea City Forest Strategy 2020-2040

·    Greening Our Streets Street Tree Management Plan 2019-2029.

link to strategic risks

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

The outcomes of an external audit were presented Council Audit and Risk Committee on 5 March 2020. The panel noted that the context of risk had changed in recent years, and that Council needed to assume a lead role in tree management, shifting beyond the context of legal precedents to an increased proactive approach to trees across the City.

Strategic Risk Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

This proposal seeks to reduce Council’s risk exposure through these Council owned assets sitting outside of Council’s Street Tree Management Program.

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

Council has a current contractor delivering tree maintenance services across the municipality and can include the additional 536 street trees into this scope.

Furthermore, Council as the owners of the street trees is exposed to public liability claims should an incident occur, regardless of the Owners Corporations role. Council could arguably be at higher risk by not taking responsibility for the management of the street trees in the road reserve. This could result in legal and reputational risk to Council should any incident occur.

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

The current Section 173 Agreement is an unusual approach to the management of trees within the road reserve. Assets within the road reserve are generally maintained by Council unless they are the property of another service provider. Given that the residents of the estate are paying Council rates as well as body corporate fees, they should have equity of access to Council services in line with their rates.

The management of street trees in other areas of the municipality is included in residential rates. Bringing the trees into Council’s maintenance programs will provide residents with improved access to services and advocacy around the management of street trees within the Waterstone Hill Estate.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 Waterstone Hill Estate, South Morang subdivision is the subject of a Section 173 Agreement managed by the Waterstone Hill Owners Corporation. It is proposed that this Agreement be amended, whereby the responsibility for the maintenance of the existing street tree asset stock (536 street trees) be transferred from the Owners Corporation to Council.

This proposal can be accommodated under the scope of Council’s current street tree management contract at an estimated cost of $17,259 annually.

It should be noted that Council has already invested $31,000 into completed works at this site, such as management of high and medium priority risks and updating of the asset management register. There are however additional initial, upfront costs associated with improving the current standard of these trees prior to them being included on Council’s routine, proactive maintenance regime. The estimated initial, upfront costs are $36,000.

 

RECOMMENDATION

THAT Council resolve to:

1.       Accept the proposal for Council to commence maintenance of the existing trees in nature strips and landscaped areas in Waterstone Hill Estate.

2.       Amend the Section 173 agreement (dated 2002) under the Planning and Environment Act 1987 between the City of Whittlesea and the Owners Corporation.

3.       Notify the landowners and Owners Corporation of Waterstone Hill Estate in writing of Council’s decision.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

ITEM 6.4.2      For Decision - Response to Petition - Replacement of Trees along Fielding Drive, Mernda   

Responsible Officer:            Director Infrastructure & Environment

Author:                                  Manager Maintenance & Operations   

 

RECOMMENDATION SUMMARY

That Council resolve to:

1.   Remove the existing street trees in Fielding Drive, Mernda.

2.   Replant the street as part of the 2021/2022 Street Renewal Program.

3.   Consult with all residents in Fielding Drive regarding potential replacement species.

4.   Advise the head petitioner and all residents of Fielding Drive of the resolution to remove and replace the existing street trees.

Brief overview

·    Council received a petition from 15 residents requesting the removal of all street trees in Fielding Drive, Mernda. The petition was signed by 13 residents of Fielding Drive, one resident of Harriers Street, and one resident of Dorobolo Street.

·    Council Officers met with the head petitioner and other interested residents on site at a meeting on 19 May 2021 to discuss their respective concerns and the issues raised within the petition.

·    Council commissioned two independent assessments: an arboricultural assessment and an engineering report which outlined the likely impacts of the existing trees on the abutting properties.

·    Following the detailed consideration of the two independent assessments, consultation with the head petitioner, signatories and other residents of Fielding Drive, Mernda it is recommended that the street be added to the Street Tree Renewal Program for 2021/2022.

rationale for recommendation

The recommendations above are proposed in line with the Council’s endorsed Greening Whittlesea Strategy and Street Tree Management Plan for the management of mature trees within a streetscape.

impacts of recommendation

Council’s existing tree assets continue to be managed in a sustainable way consistent with the Council-adopted Street Tree Management Plan (2019), whilst ensuring key concerns of residents are addressed where possible.


 

what measures will be put in place to manage impacts

The street trees in Fielding Drive, Mernda will be removed and renewed as part of the Street Tree Renewal Program 2021/2022. The local community will be consulted regarding replacement species.

Upon completion of the works, the site will be monitored regularly to assess the success of the desired outcomes.

 

Report

Introduction

At its meeting dated 2 February 2021, Council tabled a petition from residents requesting the removal and replacement of the existing street trees from Fielding Drive, Mernda. The petition was signed by 13 residents of Fielding Drive, one resident of Harriers Street, and one resident of Dorobolo Street.

Council places a significant value on established street trees for the multitude of environmental, social and economic benefits that they bring to the local Community. This philosophy was recently reinforced by Council through the adoption of the Greening Whittlesea – City Forest Strategy which aims to increase tree canopy cover across the municipality by 20 per cent by the year 2040. For these reasons, Council only removes established trees in the most extreme circumstances.  As a result of the petition, Council investigated the request looking at core issues and commissioned independent arboricultural and engineering assessments to evaluate the status of the current tree assets. Issues raised in the petition were concerned mainly with the size of the trees and the mess created from excessive leaf shed. The independent arborist report identified that there were minor structural defects and formative issues in the canopies. Following further investigations, the species also proves to be problematic when planted in combination with reactive soils and small setbacks, resulting in adventitious root growth negatively affecting foundations (as identified in the independent engineering report). Removal of the trees and replacement with an alternate species in this instance, is the most suitable outcome in order to avoid extensive damage to adjacent infrastructure in the future.

Background

Fielding Drive, Mernda is a streetscape dominated by a combination of mature Eucalyptus sp. including E.mannifera (Brittle Gum), E.scoparia (Wallangarra Gum) and E.sideroxylon (Red Ironbark). Eucalyptus trees are an evergreen tree listed on Council’s approved street tree species list and classified as a medium to large tree. The two main species planted in Fielding Drive, E.mannifera and E.scoparia, are in the top 10 most common street trees in the City of Whittlesea. Together they combine for a total 8.7 per cent of our street trees. These trees are all currently managed and maintained proactively by Council on a biannual program.

A petition was received on 2 February 2021 signed by 15 residents requesting that Council remove the existing nature strip trees and replant with new trees as part of the Street Tree Renewal Plan. The grounds on which the signatories believe that the current trees are unsuitable include:

·    Trees dropping debris including leaves

·    Frequency of street sweeping (messy street)

·    Leaf shedding become unsafe for foot traffic

·    Canopy spread and size

·    Branches cracking under wind and weather

·    Darkness created from canopy cover.

As a result, Council commissioned two independent reports: an arboricultural assessment to assess the current health status, and an engineering assessment to review the likely impacts of the trees on the abutting houses.

Council has also investigated the Fielding Drive trees to assess property clearances in line with the guidelines set out in the Street Tree Management Plan (STMP). The STMP defines the levels of service provided for Council’s street trees and the criteria by which Council does (and does not) remove trees. In many instances’ property clearances were insufficient, and there is significant inconsistency to property setbacks on the street.

Furthermore, there were two claims against Council for tree related damage in Fielding Drive, Mernda. One claim resulted in the removal of the tree based on the findings of an independent engineering report.

A range of available proposals were being explored to address the overarching concerns of residents. These proposals were presented to Council at its meeting dated 4 May 2021, where it resolved to:

defer consideration of Item 6.4.1 – Petition to Replace Trees Along Fielding Drive, Mernda to the 1 June 2021 Council Meeting and, in the interim the Director Infrastructure and Environment and other relevant Council Officers meet with the head petitioner and other interested residents on site to discuss their concerns.

A further progress report was presented to Council at its meeting dated 1 June 2021 where it resolved to:

defer consideration of Item 6.4.3 – Petition to Replace Trees Along Fielding Drive, Mernda to the July 2021 meeting and, in the interim the Director Infrastructure and Environment and other relevant Council Officers meet with the head petitioner and other interested residents on site to discuss their concerns.

This report now provides an update to Council on the actions of Officers regarding the investigation and outlines the next steps.

Proposal

Council officers have reviewed the recommendations made within the independent arboricultural report and engineering assessments, and how they impact the issues identified by the signatories of the petition. The likelihood of damage caused from adventitious root growth was also considered given the findings and recommendations of the engineering report.

As such, the existing trees in Fielding Drive are recommended to be removed and replaced as part of the 2021/22 Street Tree Renewal Program. After completion of the renewal process, the site will be monitored regularly to assess the success of the renewal program.

Consultation

Initial consultation for this petition was delivered via the head petitioner, in accordance with Council’s guidance on petitions management. This included both verbal updates and written correspondence to the head petitioner. Officers have also responded to further representations for updates by individual signatories.

Council Officers met with the head petitioner and other interested residents on site at a meeting on 19 May 2021 to discuss their respective concerns and the items raised within the petition.

Following the detailed consideration of the two independent assessments, and the further concerns raised by the signatories and other residents at the meeting on site regarding the likelihood of damage from adventitious root growth, it was resolved by Council Officers that the street be added to the 2021/2022 Street Tree Renewal Program.

Critical Dates

Consultation will commence from October, 2021 and existing tree removal will need to occur prior to March 2022.

Street tree renewal will be undertaken between March and September 2022 to ensure the highest survival rates of the new trees.

Financial Implications

To resolve the items raised by the petitioners and undertake renewal of street trees in Fielding Drive, Mernda, the costs are as follows:

·    Removal of the existing nature strip trees. This cost is estimated at $32,000.

·    Installation and maintenance of new trees for 12months. This cost is estimated at $4,700.

These works will be funded from the Street Tree Renewal Program 2021/2022.

Policy strategy and legislation

Review of the Fielding Drive, Mernda petition request has been completed in accordance with the following Council policies:

·    Whittlesea 2040 – A Place for All Community Plan (2018)

·    Greening Whittlesea City Forest Strategy 2020

·    Greening Our Streets Street Tree Management Plan (2019).

link to strategic risks

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

The City of Whittlesea Street Tree Management Plan (2019) outlines how Council will respond to requests for tree removal from the community and communicates the evaluation criteria whereby Council will support tree removals.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Sustainable environment

Key Direction                        Valued natural landscapes and biodiversity

 

The proposal acknowledges the value of streetscapes in our local community and the contribution of these trees to local amenity, biodiversity and urban shading/cooling.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 petition from 15 residents requesting removal and replacement of the existing street trees has been reviewed and a recommendation for their removal and renewal is being presented.

A range of potential service measures were explored to address the concerns of petitioners which mitigated the impacts on amenity of the street, however given the findings of the independent report regarding existing and potential damage from adventitious roots, removal and replacement of the existing trees is recommended.

The replacement trees will be chosen from a range of species that are more appropriate for the conditions in which they are to be planted.

Council Officers have previously met with the head petitioner and other interested residents on site. Additional consultation will be undertaken as part of the street tree renewal process.

 

RECOMMENDATION

THAT Council resolve to:

1.       Remove the existing street trees in Fielding Drive, Mernda.

2.       Replant the street as part of the 2021/2022 Street Renewal Program.

3.       Consult with the residents regarding potential replacement species.

4.       Advise the head petitioner and all residents of Fielding Drive of the resolution to remove and replace the existing street trees.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

ITEM 6.4.3      Contract 2021-40 Park and Playground Redevelopment at Riverside Reserve, South Morang 

Attachments:                        1       Contract 2021-40 Park and Playground Renewal at Riverside Reserve, South Morang - Confidential Attachment - Confidential

The attachment contains information designated as confidential by the Director Infrastructure and Environment, under delegation from the Chief Executive Officer, under Rule 53 of the Governance Rules 2021 and sections 66(5) and 3(1) 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 attachment contains tender amounts submitted by tenderers and tender evaluation scoring prepared by Council officers.  It also contains details of credit and reference checks about the tenderers provided to Council in confidence. The release of this information could reasonably be expected to prejudice the commercial position of the persons who supplied the information or to confer a commercial advantage on a third party.    

Responsible Officer:            Director Infrastructure & Environment

Author:                                  Senior Parks Project Manager   

 

RECOMMENDATION SUMMARY

It is recommended that contract number 2021-40 for Park and Playground Redevelopment at Riverside Reserve, South Morang:

·    is awarded to Evergreen Civil Pty Ltd

·    for the lump sum price of $875,261.38 (excl. GST)

Brief overview

This report summarises the evaluation of tender submissions received for construction of the playground and landscape upgrades at Riverside Reserve.

The tender evaluation panel advises that:

·    Seven (7) tenders were received

The recommended tender was the highest ranked and is considered best value.

rationale for recommendation

The recommendation of contract award to Evergreen Civil Pty Ltd is based on them providing the most competitive lump sum price of all submissions and demonstrating they are suitably qualified and experienced to undertake the works.

impacts of recommendation

Awarding the contract to Evergreen Civil Pty Ltd will enable delivery of the works within Council’s timelines, which includes milestones required under grant funding received from the Victorian State Government (Department of Environment, Land, Water and Planning). There are no negative impacts foreseen with the recommendation.

what measures will be put in place to manage impacts

During the construction process, the management of works including quality control, methodology and site management will be closely monitored with efficiencies maximised where possible to ensure the project is completed for the community as quickly as possible.

 

Report

Background

The purpose of this contract is to undertake playground and landscape upgrades to Riverside Reserve, South Morang. The works include installation of play and fitness equipment, a basketball half court, concrete works including pavements, steps and retaining walls, asphalt and granitic sand pavements, a picnic shelter, furniture, BBQ, tree planting and general soft landscaping.

Tenders for the contract closed on 1 June 2021.  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 and Evaluation Plan was designed specifically for this tender process and it was authorised prior to this tender being advertised.  All tenders received were evaluated in accordance with that plan.  The evaluation involved scoring of conforming and competitive tenders according to these pre-determined criteria and weightings:

Criteria

Weighting

Price

45%

Capability

25%

Capacity

20%

Impact

10%

The weightings reflect the relative importance of each element to this particular contract.  They were determined as being most appropriate after considering numerous factors including (but not restricted to) the time, quality, risk and contract management requirements which were likely to have the most impact on the achievement of best value.

Only tenders that were conforming and competitive were fully scored.  Tender submissions that were evaluated as non-conforming or not sufficiently competitive were set aside from further evaluation.  In cases where this occurred the reasons for that outcome are detailed in the confidential attachment.

The evaluation outcome was as follows:

TENDERER

CONFORMING

COMPETITIVE

SCORE

RANK

Tenderer A - Evergreen Civil Pty Ltd

Yes

Yes

90.2

1

Tenderer B

Yes

Yes

76.0

2

Tenderer C

Yes

Yes

75.8

3

Tenderer D

Yes

Yes

72.3

4

Tenderer E

Yes

Yes

71.0

5

Refer to the confidential attachment for further details of the evaluation of all tenders.

FINANCIAL IMPLICATIONS

Sufficient funding for this contract is available in the budget for the Riverside Reserve Park Playground Renewal which includes grant funding from the Victorian State Government Department of Environment, Land, Water and Planning.

link to strategic risks

·    Strategic Risk: Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                              Liveable neighbourhoods

Key Direction               Well-designed neighbourhoods and vibrant town centres

Construction of the playground and landscape works at Riverside Reserve will result in a much needed upgrade of the existing facilities for the community, providing additional opportunities to the local neighbourhood for social interaction and play.

Declarations of Conflicts of Interest

Under Section 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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 tender from Evergreen Civil Pty Ltd was determined to be best value and it is considered that this company can perform the contract to the required standards. 

 

Recommendation

THAT Council resolve to:

1.         Accept the tender submitted by Evergreen Civil Pty Ltd for the sum of $875,261.38 (excluding GST) for the following contract:

Number:    2021-40

Title:          Park and Playground Redevelopment at Riverside Reserve, South Morang

subject to the following conditions:

a)      Tenderer to provide proof of currency of insurance cover as required in the tender documents.

b)    Price variations to be in accordance with the provisions as set out in the tender documents.

c)    Tenderer to provide contract security as required in the tender documents.

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

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.4.4      For Noting - Epping Cemetery Trust - Freedom of Information Requests and Abstract of Accounts

Attachments:                        1       Site Plan & Photo

2       Abstract of Accounts 2020/21

3       Signed FOI Survey 2020/21   

Responsible Officer:            Director Corporate Services

Author:                                  Chief Financial Officer   

 

 

RECOMMENDATION SUMMARY

Council, acting in its capacity as the Epping Cemetery Trust, resolve to:

·    Nominate two Administrators to sign the Abstract of Accounts for the 2020/21 financial period.

·    Submit a signed copy of the Abstract of Accounts 2020/21 to the Department of Health by 1 September 2021.

·    Note that the Office of the Victorian Information Commissioner has been advised that no Freedom of Information requests were made in relation to the Epping Cemetery during the 2020/21 financial year.

Brief overview

·    The City of Whittlesea was appointed Trustee of the Epping Cemetery Trust (‘Trust’) on 21 April 1994 under the Cemeteries Act 1958 (now Cemeteries and Crematoria Act 2003) and all Administrators are Trust members for their term on Council.

·    Under the Cemeteries and Crematoria Act 2003 an annual Abstract of Accounts is required to be submitted to the Department of Health.

·    The Cemetery was widely used for burials through the late 1800’s and 1900’s but has since been retained for conservation value since its formal closure in 1960. 

·    The Epping Cemetery Trust is responsible for the management of native grasses and other flora and fauna located within the site.  All other maintenance, including the replacement and improvement of headstones, remain the responsibility of the descendants of those buried at the cemetery.

rationale for recommendation

·    The Abstract of Accounts 2020/21 and associated statutory declarations must be signed by two Trust members and submitted to the Department of Health by 1 September 2021.

·    Council officers have confirmed that no Freedom of Information requests have been received during th2020/21 financial year.

impacts of recommendation

Failure to provide a signed ‘Abstract of Accounts’ and Freedom Information Report, would result in non-compliance under s. 52(3) of the Cemeteries and Crematoria Act 2003.  

what measures will be put in place to manage impacts

Administrators, as elected representatives of the Epping Cemetery Trust, have appointed Council officers (as responsible officers) to oversee all operational and financial duties of the Epping Cemetery.

An annual report is presented to ensure Council is aware of the roles/responsibilities of the Epping Cemetery Trust in overseeing the Cemetery’s overall management.  

 

Report

Background

The Epping Cemetery, located at the south western corner of High Street and O’Herns Road, Epping, is a closed Class B Cemetery (no longer reserved for the purposes of accepting new burials) that has been managed by Council since its appointment as Committee of Management on 12 April 1994. It remains a historic landmark that symbolises the final resting place of many of the township’s first settlers (refer to Attachment 1 – Site Plan & Photo).

The City of Whittlesea was appointed Trustee of the Epping Cemetery Trust (‘Trust’) on 21 April 1994 under the Cemeteries Act 1958 (now Cemeteries and Crematoria Act 2003).  In exercising its functions, the Trust must have regard to: 

·    Its obligations in relation to the funding of the perpetual maintenance of the cemetery

·    The cultural and religious values of the community

·    The heritage values (if any) of the public cemetery.

Council, on behalf of the Epping Cemetery Trust, executed a conservation agreement with the former Department of Sustainability & Environment in 1995, for the management of native grasses and other flora and fauna located within the site. 

The Epping Cemetery has undergone significant changes to improve its amenity and overall conservation of native grasslands and other flora and fauna located within the site.  Much of the work, including the monitoring of controlled burns (grasslands) and removal of hazardous trees/limbs is co-ordinated by Council’s Sustainable Environment department. 

Proposal

To seek Council’s endorsement of, and appoint two Trust members (Administrators) to sign, the attached Abstract of Accounts 2020/21 (Attachment 2)  for submission to the Department of Health (‘Department’) and note that the Victorian Information Commissioner has been advised that no FOI requests have been received during this period (Attachment 3).

Consultation

Council officers held regular consultation with the Department and other Cemetery Trusts to consider any suitable grant applications at the Epping Cemetery. This report acknowledges that there were no suitable grants opportunities identified during the financial year. 

Critical Dates

Council officers must submit a signed copy of the ‘Abstract of Accounts 2020/21’ and signed ‘Statutory Declaration Form (two copies)’ to the Department by 1 September 2021. 

Financial Implications

The maintenance costs related to the Cemetery grounds are included in Council’s overall annual budget for bushland maintenance across the whole municipality.

Policy strategy and legislation

Management of Class B Cemeteries is governed by the legislation defined under the Cemeteries and Crematoria Act 2003’

link to strategic risks

Strategic Risk Life Cycle Asset Management - Failure to effectively plan for the construction, on-going maintenance and renewal of Council’s assets

Conservation and maintenance works, including the monitoring of controlled burns (grasslands) and removal of hazardous trees/limbs is co-ordinated by Council’s Sustainable Environment department.

 

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 130 of the Local Government Act 2020 and Rule 47 of the Governance Rules 2021, officers providing advice to Council are required to disclose any conflict of interest they have in a matter and explain the nature of the conflict.

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

Council officers have prepared the Abstract of Accounts 2020/21 for endorsement and signature by two members of the Epping Cemetery Trust for lodgement with the Department of Health by 1 September 2021.  No FOI requests have been received in relation to the Epping Cemetery during the 2020/21 financial year.

 

RECOMMENDATION

THAT Council, acting in its capacity as the Epping Cemetery Trust, resolve to:

1.       Nominate two Administrators to sign the Abstract of Accounts for the 2020/21 financial period.

2.       Submit a signed copy of the Abstract of Accounts 2020/21 to the Department of Health by 1 September 2021.

3.       Note that the Office of the Victorian Information Commissioner has been advised that no Freedom of Information requests were made in relation to the Epping Cemetery during the 2020/21 financial year.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

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Scheduled Council Meeting Agenda           Monday 2 August 2021

 

6.5       High Performing Organisation

Nil Reports

 

7.         Notices of Motion

Nil Reports 

8.         Questions to Officers

9.         Urgent BusineSS


10.       Reports from Council representatives and ceo update

10.1     Administrator Peita Duncan Report

10.2     Administrator Chris Eddy Report

10.3     Chair of Council Lydia Wilson Report

10.4     CEO Update – 2 AUGUST 2021

The CEO Update will be provided verbally by the Chief Executive Officer at the Scheduled Council Meeting.

 


Scheduled Council Meeting Agenda           Monday 2 August 2021

 

11.       Confidential Business

11.1     Connected Communities

Nil Reports

 

11.2     Liveable Neighbourhoods

Nil Reports

 

11.3     Strong Local Economy

Nil Reports

 

11.4     Sustainable Environment

Nil Reports

 

11.5     High Performing Organisation

Nil Reports

 

11.6     Notices of Motion

Nil Reports

12.       Closure