Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 15 December 2014 commencing at 7.45pm
MINUTES THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3 PRESENT .............................................................................................................................. 3 APOLOGIES .......................................................................................................................... 3 LEAVE OF ABSENCE ........................................................................................................... 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 3 PRESENTATION ................................................................................................................... 4 REPORTS .............................................................................................................................. 4 4.2 Proposed Multi Dwelling Development at 9 Alandale Road, Eaglemont .................. 4 4.3 A Final Vision for Watsonia Village ....................................................................... 10 4.5 Proposed Multi Dwelling Development and Subdivision at 52 Haig Street, Heidelberg Heights (former Haig Street Primary School) ...................................... 11 1. PETITIONS .................................................................................................................... 24 Nil 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT .................................... 25 2.1 Department of Transport, Planning and Local Infrastructure Successful Funding................................................................................................................. 25 2.2 Disability and Inclusion Advisory Group Members................................................. 26 2.3 Multicultural Advisory Committee Membership ...................................................... 27 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ....................................................... 27 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT.............................. 27 4.1 Watsonia Neighbourhood Activity Centre - Trader and Volunteer Parking Permits ................................................................................................................. 27 4.4 Car Parking Reductions and Contributions - Review of Practice ........................... 28 4.6 Formal Naming of Small Park Located at Corner of McKenzie Court and Plenty Lane Greensborough ................................................................................. 29 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 30
These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
5.1 5.2 5.3
15 DECEMBER 2014
Simms Road Portables Relocation ........................................................................ 30 Inclusion Access and Equity Framework ............................................................... 31 Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) Advisory Committee Membership .......................................................................................................... 32
6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 33 6.1 Administration of Residential Parking Permit Scheme ........................................... 33 6.2 Rear of 1045-1059 Heidelberg Road Ivanhoe - Proposed Road Discontinuance and Sale of Land.......................................................................... 34 6.3 Assembly of Councillors ........................................................................................ 35 6.4 29 Alamein Road Heidelberg West - Proposed sale of land - Commence statutory procedures ............................................................................................. 38 6.5 1 & 2 Orr Lane Montmorency - Sale of Land ......................................................... 39 6.6 Councillor Motions - Status Update ....................................................................... 39 7. SEALING OF DOCUMENTS ......................................................................................... 40 7.1 Sealing of Documents ........................................................................................... 40 8. NOTICES OF MOTION .................................................................................................. 40 8.1 Grimshaw Street / Flintoff Street Greensborough - Pedestrian Safety ................... 40 8.2 Public Transport Victoria Bus Review ................................................................... 40 8.3 Encouraging Participation of Women in Business and Government ...................... 41 8.4 Education Facilities in the Olympia Ward .............................................................. 41 9. GENERAL BUSINESS .................................................................................................. 41 9.1 Jets Studio ............................................................................................................ 41 9.2 Community Meals ................................................................................................. 41 9.3 Heidelberg Mosque Open Day .............................................................................. 42 9.4 The Mall Christmas Celebrations .......................................................................... 42 9.5 Carols By Candlelight ........................................................................................... 42 9.6 Eaglemont Traders Association Christmas Fair .................................................... 42 9.7 Movies in the Park ................................................................................................ 42 9.8 Banyule City Council ............................................................................................. 42 10. URGENT BUSINESS..................................................................................................... 42 CLOSURE OF MEETING TO THE PUBLIC......................................................................... 42 CLOSURE OF MEETING ..................................................................................................... 43
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
EXTENSION OF PUBLIC FORUM (CO2014/441) Resolution That the Public Forum be extended for 5 minutes. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
CARRIED
The Meeting opened at 7.58pm. The Mayor’s Acknowledgement of the Wurundjeri People The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.
Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland. Apologies Nil
Leave of Absence Nil Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 1 December 2014 Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
CARRIED
Disclosure of Interests Cr Jenny Mulholland declared a conflicting personal interest in item 4.2 Proposed Multi Dwelling Development at 9 Alandale Road, Eaglemont. In accordance with Section 79B of the Local Government Act, Cr Mulholland sought Council’s approval to be excused from voting on the item. Resolution That Council consent to Cr Jenny Mulholland being exempt from voting on item 4.2 Proposed Multi Dwelling Development at 9 Alandale Road, Eaglemont, due to a declaration of conflicting personal interest. These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Moved: Cr Tom Melican Seconded: Cr Rick Garotti
CARRIED
Cr Craig Langdon declared an indirect interest by close association in item 4.5 Proposed Multi Dwelling Development and resubmission as 52 Haig Street, Heidelberg Heights (former Haig Street Primary School).
Presentation Nil
AMEND ORDER OF BUSINESS (CO2014/442) Resolution That the Order of Business be amended so that item 4.2, 4.3 and 4.5 is considered before item 2.1 prior to proceeding with the Agenda as listed Moved: Cr Rick Garotti Seconded: Cr Tom Melican
CARRIED
REPORTS 4.2
PROPOSED MULTI DWELLING DEVELOPMENT AT 9 ALANDALE ROAD, EAGLEMONT
Cr Jenny Mulholland declared a conflicting personal interest in item 4.2 Proposed Multi Dwelling Development at 9 Alandale Road, Eaglemont. Due to having an association with the owner of the property who is known to her. Cr Mulholland left the chamber at 8.01pm for the discussion and vote on the item. Mr Kevin Biaggini, Mr Mark Dixon, Ms Nina Kelleher and Ms Jane Crone spoke on the item. EXECUTIVE SUMMARY The proposal is for a two storey town house development comprising five dwellings, associated vegetation removal and waiver of one on site visitor car parking space. The application is a resubmission following both Council and Victorian Civil and Administrative Tribunal decisions to refuse planning permission for a three storey apartment building on the site. The current proposal is considered to be consistent with the State and Local planning policy framework of the Banyule Planning Scheme and responds positively to the guiding decision for the development of the site provided by VCAT. Approval is recommended.
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Resolution (CO2014/443) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P1242/2013 for the construction of a Two storey town house development, associated vegetation removal and waiver of one on site visitor car parking space at 9 Alandale Road, EAGLEMONT subject to the following conditions: Plans 1.
Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: (a)
The finished floor level of all habitable areas of Dwellings 4 and 5 identified as being liable to overland stormwater flows either increased to a minimum of 47.2 AHD or located beyond the flow area. This is to be achieved without any increase in building height or reduction in building setback to site boundaries.
(b)
The front door of Dwelling 1 relocated to face Alandale Road.
(c)
The correct site coverage of the development.
(d)
The driveway of Dwelling 5 with a minimum width of 3 metres.
(e)
The south-eastern first floor kitchen window of Dwelling 4 screened to minimise potential of overlooking of the rear garden of 7 Alandale Road overlooking in accordance with Standard B22 of ResCode.
(f)
The details of the southern boundary fence treatment shown on the Ground Floor plan.
(g)
Additional under stair storage areas for Dwellings 2,3,4 and 5.
(h)
The location of the clothesline for each dwelling.
(i)
Any plant, equipment, services or architectural features proposed to be located on the roof.
(j)
Bin areas for each dwelling screened from view.
(k)
Engineering plans showing a properly prepared design with computations for the internal drainage and method of disposal of stormwater from all roofed areas and sealed areas including: i.
The use of an On-site Stormwater Detention (OSD) system;
ii. The connection to the Council nominated legal point of discharge; iii. The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge; Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided. (l)
Landscaping as required by Condition No. 2 of this permit, including within the front setback of Dwelling 2;
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
2.
15 DECEMBER 2014
(m)
All boundary and internal fencing within flood prone areas of the site designed to be permeable to overland stormwater flows;
(n)
Site coverage figure confirmed in the development summary on Drawing No. TP01.
The development permitted by this permit must not be commenced until a satisfactory revised detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a)
Details of planting within the site, including within the front setback of Dwelling 2;
(b)
The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;
(c)
Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas
(d)
Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;
(e)
Provision of replacement planting for vegetation that is to be removed including a minimum of one large canopy tree (mature height of at least 15m) planted at a semi-advanced state (minimum pot size 40 litre) within the front setback of Dwelling 1 and one medium tree (mature height of at least 8m) at a semiadvanced state (minimum pot size 16 litre) planted within each of the rear yards of Dwellings 2, 3 and 4 and two small trees within the front setback of Dwelling 5.
(f)
An indigenous and/or drought tolerant planting theme;
(g)
A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;
(h)
Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.
General 3.
The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.
4.
Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering etc).
Amenity 5.
Outdoor lighting must not be used on the subject land other than that which is normal to a private dwelling.
Urban Design / External Appearance 6.
No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building(s) without the written consent of the Responsible Authority.
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Car Parking / Access 7.
Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.
8.
Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
9.
Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and nature strip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
10.
No alteration to the existing topography within the existing stormwater drainage easement or stormwater overland flow path is permitted unless otherwise agreed to in writing by the Responsible Authority.
11.
All boundary and internal fencing within flood prone areas of the site must be permeable to overland stormwater flows. The extent of permeable fence sections is to be determined by Flood Level through an application to the Responsible Authority.
12.
All proposed building and laneway works must allow for and not restrict or impede the free passage of overland stormwater flows, so that it does not cause higher flood levels or faster flows to the satisfaction of the Responsible Authority.
13.
The existing right of way must be resurfaced in order for it to be used as access to Dwellings 2, 3, 4 and 5. The road construction proposed should consider the heritage status of adjacent buildings and Council's right of way guidelines. Any blue-stone pitchers that are removed from the site during the road construction process will remain the property of Council and must be returned to Council's Depot for recycling. The reconstructed/surfaced laneway should take into account potential flood impacts from higher land to the satisfaction of the Responsible Authority.
Waste 14.
The waste bin areas for each dwelling must be provided prior to the occupation of the development and thereafter maintained and used to the satisfaction of the Responsible Authority.
Construction Management Plan 15.
Before the development starts, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)
15 DECEMBER 2014
measures to control noise, dust and water runoff; prevention of silt or other pollutants from entering into the Council’s underground drainage system or road network; the location of where building materials are to be kept during construction; site security; maintenance of safe movements of vehicles to and from the site during the construction phase; on-site parking of vehicles associated with construction of the development; wash down areas for trucks and vehicles associated with construction activities; cleaning and maintaining surrounding road surfaces; measures to maintain right of access over the laneway for other users of the laneway during construction; a requirement that construction works must only be carried out during the following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the erection of buildings. This does not include excavation or the use of heavy machinery.)
Graffiti prevention measures 16.
Any walls or spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority: (a) textured or rough services that make it difficult to apply graffiti; (b) permeable fencing instead of solid walls; (c) buildings with high-density, low absorbency materials; (d) anti-graffiti coating to protect the surface when building or revitalising the walls (including façade); (e) sensor lighting and/or enhanced surveillance to deter graffitists; textured or rough services that make it difficult to apply graffiti; permeable fencing instead of solid walls; (f) the break up of large surfaces to minimise the canvas available for graffitists; and (g) measures to make surfaces less liable to graffiti.
Maintenance of property 17.
The permit holder/occupier must promptly remove or obliterate any graffiti on the subject sites which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.
Time Limits 18.
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In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a)
The development is not commenced within two years of the date of this permit;
(b)
The development is not completed within four years of the date of this permit.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)
Before the permit expires, or
(b)
Within six months afterwards, or
(c)
Within 12 months afterwards if the development started lawfully before the permit expired.
PERMIT NOTES A.
Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.
B.
Building Permit Required Building Permit must be obtained prior to the commencement of any works associated with the proposed development.
C.
Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.
D.
Memorandum of Consent for Works Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for: A “Memorandum of Consent for Works” for any works within the road reserve; and/or A “Drainage Connection Permit” for any works other than within a road reserve.
E.
Asset Inspection Fee Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.
Moved: Cr Steven Briffa Seconded: Cr Wayne Phillips
CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Councillor Mulholland returned to the Chamber at 8:26 pm. 4.3
A FINAL VISION FOR WATSONIA VILLAGE
EXECUTIVE SUMMARY Since approving the draft vision document ‘Picture Watsonia: A Vision for Watsonia Village’, Council has undertaken further consultation to confirm that the final document clearly reflects stakeholder input. The feedback received has informed the preparation of a final ‘Picture Watsonia’ for Council adoption. It includes a refined vision statement to describe the way the place will look, feel and function in the future, which can be summarised as ‘the best of the country meets the best of the city in the suburbs’. It also provides a list of objectives to inform decisions so that they will achieve the vision, as well as many ideas that could lead to real change in Watsonia Village or protect it’s valued aspects. The final ‘Picture Watsonia’ is presented for adoption and will position Council to lead on shaping Watsonia’s future in line with local community aspirations. Resolution (CO2014/444) That Council: 1. Adopt the final ‘Picture Watsonia: A Vision for Watsonia Village’ and its appendices, in attachments 1 and 2. 2. Prepare a concise summary brochure in consultation with the Ward Councillors for the adopted vision to be distributed to all residents in Watsonia & Watsonia North, with final design, printing and distribution within budget. 3. Use ‘Picture Watsonia: A Vision for Watsonia Village’ to inform and give direction to future Council projects and programs in the study area, including any priorities for future resource allocations. 4. In the 2015/16 financial year, consider funding for a transport planning and road remodelling project to investigate the opportunity to temporarily close the south west end of Ibbotson Street and create space for a town square. Councillor Di Pasquale left the Chamber at 8:26 pm. Councillor Di Pasquale returned to the Chamber at 8.29 pm. Moved: Cr Rick Garotti Seconded: Cr Tom Melican
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CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
PROCEDURAL MOTION (CO2014/445) Resolution That Cr Jenny Mulholland be appointed temporary chair for item 4.5. Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale
CARRIED
Cr Craig Langdon declared an indirect conflict of interest in item 4.5 and left the chamber at 8.42 pm. Due to having become aware that a relative now works for Metricon the developer of the project.
4.5
PROPOSED MULTI DWELLING DEVELOPMENT AND SUBDIVISION AT 52 HAIG STREET, HEIDELBERG HEIGHTS (FORMER HAIG STREET PRIMARY SCHOOL)
Mr Brian O’Neil, Ms Rachel Paterson, Ms Shinta Keenan and Mr Henry Wood spoke on the item. EXECUTIVE SUMMARY The proposal seeks approval for the construction of 118 double storey dwellings on the former Haig Street Primary School site. A 119 lot subdivision is also proposed, with the additional lot being proposed as a 2470 m2 area of public open space. The proposed dwellings are contemporary in nature, with the majority being attached to one another and with flat roof forms. An assessment of the proposal against the provisions of ResCode and the Development Guidelines for the site and a review of objections received reveal that the key issues for consideration are: The impact of the proposal upon surrounding roadways with respect to traffic and parking;
The tree removal proposed in association with the development;
The proposed dwelling style and layout;
The level of amenity afforded to existing and proposed dwellings.
The proposal achieves a high level of compliance with both ResCode and the Development Guidelines for the site. Approval is recommended, subject to conditions which will improve the amount of landscaping retained on site, on-street parking provision, and future resident amenity. Resolution (CO2014/446) A. That Council undertake further consultation with the extended local community and future residents of the development in regards to the composition and layout of the 2470m² public open space area connecting Haig Street to Bonar Street which is to include consideration of the following elements: natural play space opportunities, kick-about areas, formal playground and other appropriate equipment and furniture.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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B. That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P1096/2014 for Multi dwelling development and associated Staged subdivision, reduction in the standard visitor parking requirement by four spaces and removal of easements at 52 Haig Street HEIDELBERG HEIGHTS subject to the following conditions: PRIOR TO THE COMMENCEMENT OF DEVELOPMENT 1.
Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until:(a)
The amended plans required by Condition 2 have been submitted and approved;
(b)
The Section 173 Agreement required by Condition 3 has been entered into and registered on title;
(c)
The tree protection measures required by Condition 4 have been installed;
(d)
The necessary approvals and associated fee for the removal and replacement of the existing street tree(s) within Stage 1 which are shown on the plans to be removed, has been obtained and paid to the Responsible Authority (Banyule Tree Care Department).
to the satisfaction of the Responsible Authority. Amended plans 2.
Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: (a)
Details of measures to allow for appropriate tree protection on the site, including: (i)
Fencing adjacent to Trees 21, 23 and 24 modified to increase the separation between the trees and fencing. This may include construction of fencing to the rear boundaries of Lots 49 and 71;
(ii)
The deletion of Dwelling 118, with the private open space of Dwelling 105 to be extended to the southern side of the canopy of Tree 144, and the creation of a communal landscape setback between the boundary fence and Haig Street. An alternative design approach to dwellings in the vicinity of Tree 144 without a reduction in the number of dwellings may be considered as an alternative if achievable.
(iii)
The pathway adjacent to Tree 171 relocated to increase the separation between it and this tree.
(iv)
The retention of Tree 170;
(v)
The Tree Preservation Fencing in accordance with Condition 3 of this permit;
(vi)
Details of the proposed servicing locations, which are to be designed and installed in a manner to ensure protection of those trees nominated for retention.
(vii) Landscape and tree zones beneath high retention value trees to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas; (viii) A plan notation indicating that no building works or facilities are to be 12
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
provided within the dedicated landscape areas (b)
(c)
(d)
Layout, car parking and vehicular crossing modifications including: (i)
Modifications to Dwelling 9 to include relocation of the dwelling to the east by approximately 1m, and elevations which correspond with the floor plan of the dwelling.
(ii)
Dwellings 14, 16, 18 and 116 to be mirror imaged, with Dwellings 14, 16 and 18 sharing a double vehicular crossing with the adjoining dwelling;
(iii)
Garage 140 modified to be provided with access from the west, with the Bonar Street façade of the structure to include windows or other measures to provide visual interest;
(iv)
Single vehicular crossings indicated as being 3m wide and double vehicular crossings indicated as being no more than 6.0m wide;
(v)
The visitor parking spaces located west of Dwelling 28 to be relocated to the southern end of the laneway servicing Dwellings 29-33, with a turning area to be provided adjacent to Dwelling 28 and the provision of a landscape strip, including tree planting, in the area previously nominated for car parking.
An improvement in the streetscape presentation of the proposed dwellings, as follows: (i)
Dwellings 4-7 and 29-34 modified to include greater potential for surveillance of the street or internal roadway from the front façade;
(ii)
Altering the ‘tower’ element (Living Room and Bedroom 1) of Dwellings 60, 61, 71, 72 and 85 to include additional windows so that these present as having their primary elevation to the existing street; and
(iii)
Dwelling 14 to be mirror-imaged, as detailed in Condition 1(b).
Details of measures to improve the amenity of future residents of the site, including: (i)
Use of alternative screening measures to restrict overlooking from the upper levels of dwellings, as follows: Dwelling 1 Orient the Bedroom 3 window to face north, with either the deletion of the east facing window or its retention with a sill height of 1.7m. Dwellings 1–3, 60, 72 and 79-84 The provision of a 2.4m deep pergola to the east of the dwelling at ground floor level and deletion of screening measures to upper level east facing windows generally Dwellings 5 & 6, 30 & 31, 32 & 33, and 34 & 35 Modification to dwelling and/or window layouts to restrict overlooking between these pairs of dwellings. Dwelling 7 Clear glazing to the two western-most south-facing windows of Bedroom 1. Dwellings 8, 14, 103 and 104 Deletion of the proposed screening measures to upper level bedroom windows Dwelling 9 Clarification that any west facing windows to Bedrooms 2 and 3 are to have sill heights of 1.7m. Dwellings 21–28 and 106-109 The provision of a 2.4m deep pergola to the south of the dwelling at ground floor level and deletion of screening measures to upper level south facing windows generally Dwellings 29–33, 61-64, 69-71 and 85-88 The provision of a 2.4m
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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deep pergola to the west of the dwelling at ground floor level and deletion of screening measures to upper level west facing windows generally Dwellings 65 & 66 The provision of appropriate screening measures to restrict between the west facing bedroom windows of these dwellings and the open space of Dwellings 54-56. Dwelling 75 The provision of appropriate screening measures to restrict overlooking from the proposed Kitchen/Living area windows into Lot 74. Dwellings 90 & 91 the provision of appropriate screening measures to restrict overlooking between these dwellings. Dwelling 92 Deletion of the proposed screening measures to the north facing windows of this dwelling. Dwelling 93 Relocate Bedroom 3 window to face west. Dwelling 98–102 The provision of appropriate measures to restrict overlooking from the upper level windows of these dwellings to the ground level open space areas of the adjoining dwellings. Dwelling 102 The provision of appropriate screening measures to the Bedroom 2 window of Dwelling 102. This may include a relocation of the window to the northern wall of this room. Dwelling 106 The provision of appropriate screening measures to restrict overlooking to the east Dwelling 109 The provision of appropriate screening measures to restrict overlooking to the west Alternative screening measures may also be considered for Dwellings 10 – 12, 40–42, 45–48, 94-97,110 and 115.
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(ii)
Dwellings 54-57 redesigned to improve the level of daylight access, privacy and the parking layout. This is to include compliance with the relevant Standards of Clause 55.
(iii)
The provision of appropriate daylight access to the north facing Bedroom of Dwelling 58 by means of replacing or supplementing the existing window with an east facing window.
(iv)
The provision of a fence on the southern side of Dwelling 8 to provide additional open space to the dwelling and privacy to its living areas.
(e)
Details of the proposed electrical substations, including associated screen fencing and landscaping.
(f)
The plan of subdivision modified to reflect changes outlined in the remainder of Condition 1, and to increase the width of the drainage easement through the public open space area from 2.5m to 3m wide.
(g)
The proposed Staging of the development and subdivision in three residential Stages plus the Public Open Space;
(h)
Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i)
The use of an On-site Stormwater Detention (OSD) system;
(ii)
The connection to the Council nominated legal point of discharge;
(iii)
The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;
(iv)
The integration, details and connections of all Water Sensitive Urban
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Design features in accordance with the endorsed ESD Management Plan and STORM report and include drainage details as a result of landscaping. Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided. (i)
A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples.
(j)
All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA)/Sustainable Management Plan (SMP). Where sustainable design features outlined in the SDA/SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc)
(k)
Details of proposed common property facilities, including: (i)
The location of service conduits, which shall be designed having regard to the location of existing and proposed trees, and to maximise the use of shared trenches;
(ii)
The location and details of lighting of the common property areas. Lighting shall be designed to ensure that no light spill occurs to neighbouring properties;
(iii)
The location of fire hydrants if required;
(iv)
Measures to restrict vehicular movement over landscape areas.
Section 173 Agreement 3.
Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of the development hereby permitted, the owner/s of the land must enter into an Agreement under section 173 of the Planning and Environment Act 1987 with the Responsible Authority which requires the owners of the common property, shown on the plan of subdivision, to provide for: (a)
Common Property Requirements (i)
The erection and maintenance of signs on the private roads set aside as common property on the plan of subdivision;
(ii)
The care and management of the private roads, car parking areas, landscaping and other common areas;
(iii)
The rights of the Banyule City Council and other servicing authorities to enter the land for the purposes of providing municipal and like services to the land;
(iv)
The maintenance of suitable public liability insurance;
(v)
The provision of releases and indemnity to the Banyule City Council and other servicing authorities in connection with entry on to the land;
(vi)
The acknowledgement that the Banyule City Council may withdraw the provision of municipal services to or from the land if the private roads become unsafe for vehicular traffic;
(vii) Immediately following the registration of the Plan of Subdivision, the registration of this Agreement in relation to the common property land. These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
(b)
15 DECEMBER 2014
Tree Protection Requirements No vegetation or tree shown for retention on the endorsed plans accompanying Planning Permit No. P1096/2014 is 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 is to 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.
(c)
(d)
Public Open Space requirements (i)
Unless otherwise approved in writing by the Responsible Authority, the Public Open Space area identified on the plans endorsed pursuant to Planning Permit P1096/2014 is to be transferred to the Banyule City Council immediately upon registration of the Plan of Subdivision.
(ii)
Unless otherwise approved in writing by the Responsible Authority, all landscaping and associated works within the public open space area is to be installed prior to the issue of a Statement of Compliance for Stage 3 of the subdivision, or occupation of any dwelling within that Stage of the Development, whichever is the sooner.
(iii)
Unless otherwise approved in writing by the Responsible Authority, all landscaping and associated works required by the landscaping plan must be maintained for a minimum period of two full summers from the completion of the works to the satisfaction of and at no cost to the Responsible Authority.
Construction requirements (i)
Each lot and Common Property forming part of the site shall only be developed in accordance with the conditions and endorsed plans pursuant to Planning Permit P1096/2014, unless otherwise approved by the Responsible Authority in limited circumstances (see note below).
(ii)
Prior to the occupation of any dwelling, the common property roadway and pedestrian walkway servicing that dwelling must be constructed to the satisfaction of the responsible authority;
(iii)
Prior to the occupation of any dwelling, the dwelling must be numbered in accordance with Council’s allocation of street numbers.
(iv)
Immediately upon completion of each Stage of the development permitted by Planning Permit P1096/2014, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance.
A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner. Note: In determining whether an Agreement is required pursuant to this Condition or parts thereof, Council will have regard to other Agreement/s which may be in place, the necessity for individual components of the Agreement to be imposed at that point in time, and whether alternative mechanisms may be utilised in place of the Agreement. Where Council allows the subdivision of land prior to development and a Section 16
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
173 Agreement is entered into as outlined above, it is expected that the subsequent lots be developed in accordance with the conditions and endorsed plans of Planning Permit P1096/2014. On this basis, alternative development on the subsequent lots may not be supported and it should not be assumed that Council will support alternative proposals. Variations of approved plans will only be possible in limited circumstances. Tree protection measures 4.
Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including vegetation clearance) on the site Tree Preservation Zones must be established around the trees nominated as being retained on the site. You must contact Council’s Development Planning Arborist on 9457 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)
Extent Tree Preservation Zones shall be provided to the extent of the canopy dripline, or the tree protection zone, whichever is the larger area.
(b)
Duration Tree Preservation Zones shall be established prior to the commencement of works on the site. Unless otherwise agreed or required in writing by the Responsible Authority the Zones shall remain in place until development of the Stage within which they are located has been completed, inclusive of all construction and earthworks, but exclusive of planting.
(c)
Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips
(d)
(e)
Fencing (i)
Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.
(ii)
The posts must be strong enough to sustain knocks from on site excavation equipment.
(iii)
The fences must not be removed or relocated without the prior consent of the Responsible Authority.
Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.
(f)
Irrigation The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.
(g)
Access to Tree Preservation Zone (i)
No persons, vehicles or machinery are to enter the Vegetation Protection
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Zone except with the consent of the Responsible Authority; (ii)
No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;
(iii)
No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;
(iv)
Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.
NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:
Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;
All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;
Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.
Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. PRIOR TO THE COMMENCEMENT OF EACH STAGE Landscape Plan 5.
18
Unless otherwise agreed in writing by the Responsible Authority, no Stage of the development permitted by this permit may be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority for that Stage. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a)
Details of planting throughout the land forming part of that Stage;
(b)
Landscaping designed to discourage active use of the land beneath Tree 144 and to allow for the ongoing health of the tree. This may include the use of nonvegetated ground covers;
(c)
Details of proposed street tree planting;
(d)
The provision of a small-medium canopy tree (mature height of at least 5-10m) planted at a semi-advanced state (minimum pot size 16 litre) within the frontage setback of each dwelling to an existing street or proposed roadway;
(e)
The provision of a small canopy tree (mature height of at least 5-8m) to the private open space area of each dwelling;
(f)
The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout and immediately abutting the Stage;
(g)
Provision of formed garden beds with edging around the landscape zones within the front setback areas and adjacent to common property driveways to prevent cars parking within those areas;
(h)
Planting adjacent to driveways and within landscaping zones to consist of varying
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
heights and species; (i)
An indigenous and/or drought tolerant planting theme;
(j)
A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;
(k)
Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.
Public Open Space Plan 6.
Unless otherwise agreed in writing by the Responsible Authority, Stage 2 of the development permitted by this permit may not be commenced until a satisfactory detailed landscaping plan for the public open space forming part of the development is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include as appropriate: (a)
Lighting, seating, drinking fountain, children’s playground and shade structure to Australian design standards;
(b)
A relocation of the path adjacent to Tree 171 to provide greater clearance to the tree;
(c)
Concrete construction for pedestrian paths;
(d)
Facilities that are to be contained within it must comply with the Disability Discrimination Act. The public open space must be designed for open public access with no restricted access areas included;
(e)
The provision of lighting for the safety and security of open space users. Lighting must be designed to avoid the creation of excessive light spillage that could cause a nuisance to adjacent residents;
(f)
The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal;
(g)
An indigenous and/or drought tolerant planting theme;
(h)
A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;
DURING CONSTRUCTION 7.
Unless otherwise agreed in writing, prior to the commencement of the development hereby approved, a detailed Construction Management Plan must be submitted to and approved by the Responsible Authority. The plan must provide for: (a)
An Environmental Management Plan (which must include measures to be taken to minimise the waste generated during construction of the building and any recycling of materials);
(b)
An operational site management plan;
(c)
A Site Access and Delivery Management Plan;
(d)
An Asset Protection Plan;
(e)
A Site Security Plan;
(f)
A Construction Phase Parking Plan that addresses parking and traffic
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
arrangements associated with construction vehicles Once approved, this management plan will be endorsed to be read in conjunction with all other endorsed documents and must be adhered to by the owner(s), permit holder(s) and operator(s) at all times unless otherwise approved by the Responsible Authority. PRIOR TO OCCUPATION 8.
Unless otherwise agreed in writing by the Responsible Authority the proposed dwelling(s) permitted by this permit must not be occupied until the development the Stage within it is located has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).
PRIOR TO STATEMENT OF COMPLIANCE FOR EACH STAGE 9.
Prior to the issue of a Statement of Compliance for each Stage of the subdivision: (a)
All drainage works required to connect Lots and common property to the legal point of discharge as determined by Council in accordance with the endorsed plans pursuant to Planning Permit P1096/2014;
(b)
All common property infrastructure, including roadways, pedestrian walkways, associated landscaping, lighting and other infrastructure required for or within that Stage is to be completed;
(c)
Boundary fences are to be installed to all Lots within the Stage;
to the satisfaction of the Responsible Authority ONGOING REQUIREMENTS Compliance with endorsed plans and documents 10.
The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.
11.
The subdivision as shown on the endorsed plan shall not be altered or modified (whether or not in order to comply with any statute, Statutory Rule or By-Law or for any other reason) without the consent of the Responsible Authority.
Amenity 12.
Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.
Urban Design / External Appearance 13.
The walls of the development on the boundary of adjoining properties and proposed allotments must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.
Car Parking / Access 14.
Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
to the satisfaction of the Responsible Authority. 15.
Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
16.
Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
Tree Protection / Landscaping 17.
Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
18.
Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.
19.
All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees.
Rubbish Collection 20.
No receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare and odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land.
SERVICE AUTHORITY REQUIREMENTS Telecommunications 21.
22.
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.
Before the issue of a Statement of Compliance for any stage of the subdivision under
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
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.
Yarra Valley Water 23.
The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water services.
24.
The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of sewerage services.
Melbourne Water 25.
Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways.
26.
Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.
Jemena Electricity 27.
The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Jemena Electricity Networks (Vic) Ltd in accordance with Section 8 of that Act.
28.
The applicant shall: (a)
Enter into an agreement for the extension, upgrading or re-arrangement of the electricity supply to lots on the plan of subdivision as required by Jemena Electricity Networks (Vic) Ltd. (A payment to cover the cost of such work will be required and easements internal and external to the subdivision and provision of sites for substations may also be required).
(b)
Where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Supply and Installation Rules issued by the Local Government Electricity Supply Association (Vic) and Distribution Authorities to the extent determined by Jemena Electricity Networks (Vic) Ltd.
TIME LIMITS 29.
22
In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a)
The development is not commenced within two years of the date of this permit;
(b)
The development is not completed within four years of the date of this permit;
(c)
The plan of subdivision for Stage 1 is not certified within two years of the date of this permit;
(d)
Any subsequent stage is not certified within two years of the previous stage being certified;
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
(e)
15 DECEMBER 2014
The registration of the relevant stage of subdivision is not completed within five years from the date of certification of the plan of subdivision.
The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987. PERMIT NOTES A.
Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.
B.
Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit). Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for: A “Memorandum of Consent for Works” for any works within the road reserve; and/or A “Drainage Connection Permit” for any works other than within a road reserve. . Asset Inspection Fee Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222. Removal of Street Tree For the required process and any information concerning the removal of a street tree, enquiries should be directed to Banyule Tree Care Department.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
C.
15 DECEMBER 2014
During construction Building Site Code of Practice All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.
D.
Service authority requirements Melbourne Water If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9679 7517, quoting Melbourne Water’s reference 245495. Jemena It is recommended that, at an early date, the applicant commences negotiations for supply of electricity in order that supply arrangements can be worked out in detail, so prescribed information can be issued without delay (the release to the municipality enabling a Statement of Compliance with the conditions to be issued). Further inquiries regarding the above should be directed to Mr Leonard Meader on 9351 2061 Fax 9351 2062 34 King William Street, Broadmeadows 3047. Arrangements for supply will be subject to obtaining the agreement of other Authorities and any landowners affected by routes of the electric lines required to supply the lots, and planning permits for any tree clearing.
E.
Action on/for completion Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan.
Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale
CARRIED
Councillor Langdon returned to the Chamber at 9:18 pm.
1. PETITIONS Nil
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1
DEPARTMENT OF TRANSPORT, PLANNING AND LOCAL INFRASTRUCTURE SUCCESSFUL FUNDING
EXECUTIVE SUMMARY Victorian State Government funding under the Community Facility Funding Program helps provide high-quality and accessible community sport and recreation facilities across Victoria. Applications were made by Council and two (2) projects that were successful in receiving State funding were: 1. Anthony Beale Reserve Regional Playground Stage 1 ($100,000) 2. Cartledge Reserve Sports Field Lighting ($75,000) Council was successful under the Minor Facilities Category for both projects which include funds up to $175,000 matched dollar for dollar by Council. Council’s matching contribution, in the 2015/2016 financial year, towards the two (2) projects totals $450,000. Council will need to reconfirm allocating $450,000 in 2015/16Budget as per previous resolution Resolution (CO2014/447) That Council: 1.
Reaffirm its allocation of $450,000 as part of the 2015/16 Budget for the matching funding requirement for Anthony Beale Reserve Regional Playground ($275,000) and the Cartledge Reserve Sports Field Lighting ($175,000).
2.
Notifies the users of Anthony Beale Reserve of the successful funding allocation to the Anthony Beale Reserve Regional Playground (Stage 1).
3.
Notifies the Heidelberg Stars Soccer Club of the successful funding allocation to the Cartledge Reserve Sports Field Lighting Project
Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon
CARRIED
Councillor Phillips left the Chamber at 9.22 pm and did not return.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
2.2
15 DECEMBER 2014
DISABILITY AND INCLUSION ADVISORY GROUP MEMBERS
EXECUTIVE SUMMARY The aim of the Banyule Disability and Inclusion Advisory Committee is to provide Council with advice on disability and inclusion issues, to assist with the implementation of the Disability Action Plan 2014-15 and with the development of Council’s Disability Action Plan 2015-2017 and the Inclusion, Access and Equity (IAE) Framework. Council resolved to establish a Banyule Disability and Inclusion Advisory Committee with membership consisting of Councillors, residents and community groups. Expressions of interest have been sought and seventeen (17) expressions have been received which were then assessed against a selection criteria. The terms of reference allow for fifteen (15) positions on the Committee from residents and community groups. The membership is initially for one year. A list of names for the Disability and Inclusion Advisory Committee is to be presented for Council consideration. For those people who are not selected for the Committee, opportunities will be offered by Council to support the implementation of the Disability Action Plan, such as through working groups and focus groups. Resolution (CO2014/448) That Council: 1.
Endorse the Disability and Inclusion Advisory Committee Terms of Reference
2.
Appoint the following persons Robert Runco Simon Chong Stephanie Krt Nancy Sadka Madeleine Sobb Sheryl O’Connor Louise Pearson Luke Nelson Barbar Brook Anna Constas Salima Osborne Janice Castle-Dine Michael Hollmann Snr Jeff Walkley to the Disability and Inclusion Advisory Committee.
Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
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CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
2.3
15 DECEMBER 2014
MULTICULTURAL ADVISORY COMMITTEE MEMBERSHIP
EXECUTIVE SUMMARY The aim of the Banyule Multicultural Advisory Committee is to provide Council with advice on multicultural issues and on the development and implementation of Council’s Multicultural Plan 2014-2017 and the Inclusion, Access and Equity (IAE) Framework. The Committee held its first meeting in March and has met on four subsequent occasions. The terms of reference allow for fifteen positions on the Committee, of which fourteen are currently filled. Council sought an application from Banyule Community Health to fill the remaining position given its work with people from diverse cultural backgrounds. This report considers the appointment of a representative from Banyule Community Health to Council’s Multicultural Advisory Committee. Resolution (CO2014/449) That Council appoint Mick Geary to the Multicultural Advisory Committee. Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale
CARRIED
3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1
WATSONIA NEIGHBOURHOOD ACTIVITY CENTRE - TRADER AND VOLUNTEER PARKING PERMITS
EXECUTIVE SUMMARY This report responds to Council’s resolution to investigate parking options including a parking permit scheme for volunteers working at the Watsonia RSL. Site inspections demonstrated a moderate level of on-street parking occurring within the unrestricted parking areas in the Watsonia Neighbourhood Activity Centre. The introduction of permit parking for volunteers and staff has been considered but would be inconsistent with Council’s Activity Centre Parking Policy. In consideration of the range of users accessing the centre, it is proposed that 1-hour parking restrictions, operating from 7am-10am be introduced outside Nos.14-Nos.22 Morwell Avenue, Watsonia.. Resolution (CO2014/450) That Council: 1.
Determines not to provide parking permits for the staff and volunteers of the Watsonia
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
RSL or the Watsonia Red Cross Retail Shop. 2.
Introduces one-hour parking restrictions, operating 7am-10am Monday to Friday, across six parking spaces on Morwell Avenue Watsonia to the north west of the Watsonia RSL.
3.
Informs the residents of Nos.14 - Nos.22 Morwell Avenue Watsonia of the changes to the parking restrictions in front of their properties, in consultation with the Ward Councillor.
4.
Convert 13 spaces at the north western end of the Morwell Avenue Watsonia median from 4-hour to 5-hour parking restrictions.
5.
Undertakes a review of the changed parking restrictions in six (6) months.
6.
Informs the Watsonia RSL and the Watsonia Red Cross Retail Shop accordingly, in consultation with the Ward Councillor.
Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale
4.4
CARRIED
CAR PARKING REDUCTIONS AND CONTRIBUTIONS - REVIEW OF PRACTICE
EXECUTIVE SUMMARY Two existing resolutions of Council require officers to facilitate meetings between land owners and interested Councillors when a planning permit application seeks certain reductions to the standard parking rates set out in the Banyule Planning Scheme. The meetings consider whether a financial contribution is appropriate having regard to parking reduction sought. This report provides an update and commentary in relation to the outcomes of these meetings. Following a briefing of Council in relation to the current resolutions, this report also considers: The implications of new policy in relation to this practice. Whether this informal approach to car parking contributions is a fair and appropriate approach for Council to take. An amendment to the current practice based on discussions with Councillors which would replace the two existing resolutions. Resolution (CO2014/451) That: 1.
The Council Resolutions FPOC.70 Proposed Additional Car Parking Opportunities in West Heidelberg Industrial Estate (14 December 2009) and CO2011/52 Consideration for Planning Applications – New Developments for Car Parking Accommodation (21 March 2011) be revoked.
2.
The Council practice be to require new developments and changes of use applications to comply with the standard planning scheme requirements or current parking study/strategy currently being used for car parking.
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
If the required statutory rate cannot be met, the Ward Councillor must be consulted as to whether a meeting should be arranged with the owner/applicant, interested Councillors and appropriate officers when: A reduction of 6 or more statutory spaces is requested. A meeting will not be required when a parking reduction is sought in association with a proposed/existing café or restaurant activity within where there is no increase to commercial floor space and the number of seats proposed is no greater than 40. If no agreement can be reached, Council is to consider the planning application at a Council Meeting to determine the matter. 3.
A report be submitted to Council within 2 years on appropriateness and the effectiveness of this practice and any suggested amendments.
Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon
4.6
CARRIED
FORMAL NAMING OF SMALL PARK LOCATED AT CORNER OF MCKENZIE COURT AND PLENTY LANE GREENSBOROUGH
EXECUTIVE SUMMARY Council resolved at its Ordinary Meeting of 7 July 2014 to retain ownership and name the small park at the corner of McKenzie Court and Plenty Lane Greensborough. It also resolved to retain the land as Residential 1 Zone until a review of Council’s Public Open Space Strategy has been completed. This report provides Council with an overview of consultation undertaken to name the small Council owned park. It recommends formal adoption of the name most supported by the community, which is “Barclay Park”. Resolution (CO2014/452) That Council 1.
Assign the name “Barclay Park” to the small park at the corner of McKenzie Court and Plenty Lane, Greensborough.
2.
Lodge the necessary submissions to the Office of Geographic Names (OGN).
3.
Upon the outcome of the submissions to the OGN, thank all persons that commented, those originally notified and community groups involved in the consultation, notifying them of Council’s decision and the result of the OGN submission.
4.
Where required, advise relevant authorities of the naming of the small park; and
5.
Erect appropriate signage.
Councillor Garotti left the Chamber at 9:30 pm Moved: Cr Mark Di Pasquale Seconded: Cr Craig Langdon
CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.1
SIMMS ROAD PORTABLES RELOCATION
EXECUTIVE SUMMARY The sporting facilities at Simms Road Oval have recently been expanded and the portable change facilities are no longer required at this location. The Bundoora United Cricket Club and the Watsonia Baseball Club are allocated to Loyola Reserve for training and game day sporting activities. The Loyola Reserve Pavilion does not currently have any change facilities. The two recently decommissioned portables at Simms Road are suitable for use at Loyola Reserve. To relocate and install the two Simms Road Oval portables at Loyola Reserve would cost approximately $26,400. An allocation of $10,000 to decommission the portables is included within the Simms Road project budget. The Bundoora United Cricket Club and the Watsonia Baseball Club have expressed an interest in assisting Council to relocate the portables. The two portables would accommodate the needs of the sports clubs in the short term while the Loyola Reserve Feasibility Study is completed and funding for a new fit for purpose community facility and additional car parking is confirmed. Resolution (CO2014/453) That Council: 1.
Approve the relocation of the Simms Road Oval portables to Loyola Reserve using the $10,000 allocation from the Simms Road project.
2.
Invoice the Bundoora United Cricket Club and the Watsonia Baseball Club for their financial commitment to the portable relocation project totalling $5,000 of combined funding.
3.
Make a further allocation of $11,400 to allow the portables to be connected and in working order for club use at Loyola Reserve, as an approved over expenditure to the Simms Road Redevelopment budget.
4.
Continue to work with the Clubs and The Concord School to finalise the Loyola Reserve Feasibility Study and advocate for funding from the State Government for a new fit for purpose multi purpose community facility and additional car parking at Loyola Reserve.
Moved: Cr Steven Briffa Seconded: Cr Tom Melican
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CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
5.2
15 DECEMBER 2014
INCLUSION ACCESS AND EQUITY FRAMEWORK
EXECUTIVE SUMMARY The Inclusion, Access and Equity Framework (IAEF) expresses Banyule City Council’s commitment to its diverse communities and allows Council to work in a coordinated and consistent way, while still engaging with the individual issues that are presented in particular communities. The IAEF is used to guide four plans: 1. Aboriginal and Torres Strait Islander Plan 2014 - 2017 2. Multicultural Plan 2014 - 2017 3. Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Plan 2014 - 2017 4. Disability Plan 2014 - 2015. A twelve (12) month Disability Plan was adopted by Council in September 2014. This report presents the other three plans for consideration, together with the IAE Framework. Work has been underway throughout 2014 to develop and implement these plans which have included the establishment of Advisory Committees. These Advisory Committees include residents and representatives of community and partner organisations who have been active in:
providing advice to Council; developing the plans; and implementing actions.
This report presents to Council the culmination of efforts in 2014 on the three plans. The plans are for the period of 2014-2017 and outline strategies for the next three years. An action plan will be developed each year, and a report card of progress will be reported to Council and the community. Resolution (CO2014/454) That Council: 1.
Adopt the use of the Inclusion Access and Equity Framework (IAEF) in the development of social strategic plans.
2.
Adopt the Multicultural Plan 2014-2017.
3.
Adopt the Aboriginal and Torres Strait Islander Plan 2014-2017.
4.
Adopt the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Plan 2014-17 and change all reference from GLBTI to LGBTI.
5.
Continue to work with the relevant Advisory Committees and thank them for their input into the development of the plans.
6.
Receive future reports on the annual action plan and achievements of the various plans.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
7.
15 DECEMBER 2014
Write to Babarrbunin Beek requesting they invite Councillors to future meetings.
Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
5.3
CARRIED
LESBIAN, GAY, BISEXUAL, TRANSGENDER, INTERSEX (LGBTI) ADVISORY COMMITTEE MEMBERSHIP
EXECUTIVE SUMMARY The aim of the Banyule Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) Advisory Committee is to provide Council with advice on issues affecting the LGBTI community and on the development and implementation of Council’s LGBTI Plan 2014-2017 and the Inclusion, Access and Equity (IAE) Framework. The Committee held its first meeting in March and has met on four subsequent occasions. The terms of reference allow for fifteen positions on the Committee, of which seven are currently filled. Council has called for expressions of interest to fill the remaining positions. Five expressions of interest have been received. This report considers the appointment of additional members to Council’s LGBTI Advisory Committee. Resolution (CO2014/455) That Council appoint the following persons Justin Goldsmith Paul Wiseman Rachel Jovic Sharelle Rowe Samantha Soggee to the Lesbian, Gay, Bisexual, Transgender, Intersex (LGBTI) Advisory Committee. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon
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CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1
ADMINISTRATION OF RESIDENTIAL PARKING PERMIT SCHEME
Mr Roger Fyfe spoke on the item EXECUTIVE SUMMARY Consistent with the Council resolution of 18 March 2014, an investigation has been undertaken into the administration of the Residential Parking Permit Scheme. The investigation identified 3,240 residential properties that are eligible for inclusion in the scheme, with 17% of these properties holding parking permits. The highest take-up of permits is within the Heidelberg and Ivanhoe Activity Centres, consistent with the demand for on-street car parking. Approximately 1,100 residential and visitor parking permits are currently issued across the municipality. A total of 1,530 properties built after November 2010 as higher density development are not eligible for parking permits. The current eligibility requirements within the Residential Parking Permit Scheme were developed through extensive community consultation, and align with the objectives of the Activity Centre Car Parking Policy. Any changes to these requirements should be considered as part of the review of the Residential Parking Permit Policy, which will occur in the 2015/16 financial year. The current administrative cost of implementing the scheme is currently recovered through the permit fees. This ensures that properties that are not eligible for parking permits do not subsidise the cost for those that may require a parking permit. The comparison between the existing permit fee structure and number of alternative arrangements, including the provision of one or more free permits, indicated a high cost of introducing an alternative fee structure. Free permits would need to be subsidised by properties that do not obtain a benefit of the system. It is recommended that the current Residential Parking Permit Fees be reviewed as part of the 2015/16 budget process. Councillor Garotti returned to the Chamber at 9.51 pm.
Resolution (CO2014/456) That Council: 1.
Consider the current Residential Parking Permit Fees as part of the 2015/16 budget process.
2.
Review the Residential Parking Permit Policy in the 2015/16 financial year.
Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
6.2
15 DECEMBER 2014
REAR OF 1045-1059 HEIDELBERG ROAD IVANHOE - PROPOSED ROAD DISCONTINUANCE AND SALE OF LAND
My Roger Fyfe spoke on the item. EXECUTIVE SUMMARY A section of unused ‘road’ known as RW437 on Council’s Road Register, at the rear and enclosed within the fence line of 1045-1059 Heidelberg Road, Ivanhoe (unused ‘road’), has never been constructed as a ‘road’. It has an area of 145m2. Immediately adjacent to the unused ‘road’, and also enclosed within the fence line of the 1045-1059 Heidelberg Road (adjacent property), is 54m2 of land set aside as a reserve on LP6670 (reserve land). A request to purchase the unused ‘road’ was received, from the owner of the adjacent property. At its Ordinary Meeting of 23 June 2014 (Item CO2014/161, Council directed that the statutory procedures be commenced to vest the reserve in Council’s name and remove the reserve status, give public notice of Council’s intention to discontinue the unused ‘road’ and sell the land from the unused ‘road’ and the reserve land. Pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the Subdivision Act 1988, Permit No. P1236/2014 has been issued to vest that part of the reserve land, enclosed within the fence line of the adjacent property (known as 1023A Heidelberg Road, Ivanhoe) in Council’s name and remove the reserve status. This report seeks to determine whether or not to discontinue and sell the unused ‘road’ and sell the former reserve land. Resolution (CO2014/457) That Council: 1.
In accordance with sections 207A(a) and 223 of the Local Government Act 1989, having given notice of Council’s intention to discontinue and sell 145m2 of unused ‘road’ and 54m2 of reserve land at the rear of 1045-1059 Heidelberg Road, Ivanhoe, and having received no submissions on the proposal, forms the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use for the following reasons: a) the unused ‘road’ does not portray the physical characteristics of a ‘road’; b) the unused ‘road’ is not currently used by the public as a means of vehicular access; c) the unused ‘road’ and the reserve land are currently enclosed within the fence line of 1045-1059 Heidelberg Road, Ivanhoe; d) the proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the unused ‘road’; and e) the proposal will not involve the destruction or removal of native vegetation;
2
Now directs that the unused ‘road’ be discontinued and sold together with the reserve land to an abutting owner by private treaty.
3.
Authorises the publication of its resolution in Victoria Government Gazette.
4.
Acknowledges that upon publication of the resolution in the Victoria Government
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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Gazette the unused ‘road’ is discontinued and the land thereafter vests in Council for sale to an abutting owner. 5.
Authorises the amendment of Council’s Road Register to reflect the discontinuance of the section of unused ‘road’, following publication of the resolution in the Victoria Government Gazette.
6.
Authorises the signing and sealing of the necessary documentation to obtain title and effect transfer of the land referred to in Item 1.
Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale
6.3
CARRIED
ASSEMBLY OF COUNCILLORS
EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) b)
the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.
In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1
Date of Assembly:
1 December 2014
Type of Meeting:
Councillor Briefing
Matters Considered:
Items on the Council Agenda for the Ordinary Meeting of 1 December 2014 (excluding confidential items) as listed below: 1.1 1-5 Westley Avenue, Ivanhoe & 2 Ivanhoe Parade, Ivanhoe 3.1 The 2013-2014 State of the Environment Report 3.2 The Environmental Stewardship Plan 2014 -2017 3.3 Biodiversity Plan 2014-17 4.1 Banyule Planning Scheme Amendment C93 - Adoption of Amendment 4.2 Introducing a new Special Building Overlay schedule into the planning scheme 4.3 Proposal to amend a Section 173 Agreement at 7 Edward Court, Ivanhoe 4.4 Ivanhoe Primary School - Parking and
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Traffic Issues 4.5 Formal naming of two unnamed right of ways (laneways) in Heidelberg Heights and Ivanhoe 5.1 Disability and Inclusion Advisory Committee Meeting Membership 5.2 Banyule Youth Summit 5.3 Macleod Recreation and Fitness Master Plan 6.1 14 Scotts Parade Ivanhoe - Proposed Sale of Land 6.2 27A Cherry Street Macleod - Proposed Sale of Land 6.3 Assembly of Councillors 6.4 169 Liberty Parade Heidelberg West (north of Bell Street) - Proposed Licence Use of Helipad 6.5 1 Stradbroke Avenue Heidelberg - Future use of site 6.6 9-13 Flintoff Street Greensborough Proposed Sale of Land 6.7 Rear of 1045-1059 Heidelberg Road Ivanhoe - Proposed Road Discontinuance and Sale of Land - Hearing of Submissions 6.8 Contract for Provision of Mobile Garbage Bins 7.1 Sealing of Documents
36
Councillors Present:
Steven Briffa Mark Di Pasquale Craig Langdon Jenny Mulholland Wayne Phillips Tom Melican
Staff Present:
Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Gina Burden – Manager Governance and Communication Daniel Kollmorgen – Manager Transport, Sustainability and Laws Emily Outlaw – Council Governance Liaison Officer John Milkins – Coordinator Environmental Sustainability Jim Mead – Environmental Sustainability Education Officer Peter Utri – Manager Organisational Systems Joel Elbourne –Manager Urban Planning and Building
Others Present:
Nil
Conflict of Interest:
Nil
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
The following two assemblies were omitted from a previous Council report in May 2014. 2
3
Date of Assembly:
12 May 2014
Type of Meeting:
Councillor Briefing
Matters Considered:
Draft Banyule Urban Forest Plan Strategic Planning work Programming Outdoor Advertising Policy
Councillors Present:
Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips
Staff Present:
Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets and City Services Daniel Kollmorgen – Manager Transport, Sustainability and Laws Joel Elbourne –Manager Urban Planning and Building Garry Berry – Coordinator Tree Care Peter Benazic – Manager Parks & Gardens David Cox – Coordinator Strategic Planning
Others Present:
Nil
Conflict of Interest:
Nil
Date of Assembly:
12 May 2014
Type of Meeting:
Confidential Councillor Briefing
Matters Considered:
Proposed Developments
Councillors Present:
Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips
Staff Present:
Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo – Director Corporate Services
Others Present:
Scott Clayton
Conflict of Interest:
Nil
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Resolution (CO2014/458) That the Assembly of Councillors report be received. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
6.4
CARRIED
29 ALAMEIN ROAD HEIDELBERG WEST - PROPOSED SALE OF LAND COMMENCE STATUTORY PROCEDURES
EXECUTIVE SUMMARY Council is the owner of the land and improvements known as 29 Alamein Road Heidelberg West (subject land). The subject land is currently occupied by the Olympic Village Preschool (Preschool). In about July 2015 the Preschool is to be relocated into the new Olympic Village Learning Hub, Child and Family Centre currently being constructed at the Olympic Village Primary School. On completion of the construction of the hub, the subject land will be surplus to Council’s and the community needs. This report considers the proposal to sell the subject land. Resolution (CO2014/459) That Council: 1.
In accordance with sections 189 and 223 of the Local Government Act 1989 (Act), authorise the commencement of the statutory procedures relating to Council’s intention to sell the Council-owned land and improvements known as 29 Alamein Road Heidelberg West (subject land) by giving public notice and inviting written submissions on the proposal in the “Heidelberg Leader” on 20 January 2015.
2.
Receive written submissions and hear submissions on the proposal to sell the subject land from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act, at its Ordinary Meeting of Council on 2 March 2015 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.
Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican
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CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
6.5
15 DECEMBER 2014
1 & 2 ORR LANE MONTMORENCY - SALE OF LAND
EXECUTIVE SUMMARY At its Ordinary Meeting of 21 October 2013 (CO2013/362) Council considered a proposal to sell the Council-owned vacant land known as 1 Orr Lane Montmorency and the land and improvements known as 2 Orr Lane Montmorency, the method of sale and conditions to be imposed. Council resolved that valuations be obtained and the parcels of land be offered for sale separately at public auction, subject to any future purchaser being obliged to enter into an agreement pursuant to section 173 of the Planning and Environment Act 1987 to be registered on title which would restrict development on the vacant land to one (1) dwelling and development on the improved property to a maximum of two (2) dwellings. At its Ordinary Meeting of 10 November 2014 (CO2014/397) Council considered the valuations and set the reserve price for 1 Orr Lane at $250,000 and the reserve price for 2 Orr Lane at $500,000. The purpose of this report is to advise that the properties were offered for sale at public auction held on 22 November 2014. Both properties were “passed in�, but subsequently sold after auction. Resolution (CO2014/460) That Council: 1.
Records that the Council-owned vacant land known as 1 Orr Lane Montmorency and the land and improvements known as 2 Orr Lane Montmorency were sold post auction for the respective reserve prices of $250,000 and $500,000.
Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale
6.6
CARRIED
COUNCILLOR MOTIONS - STATUS UPDATE
EXECUTIVE SUMMARY Councillors wishing to raise a matter before Council currently have three options including: 1. 2. 3.
Notice of Motion (Council report and forms part of the Agenda paper) General Business Urgent Business
A Council resolution is required for both Notices of Motions (NOM) and Urgent Business items. The report includes a status of whether the item has been completed or in progress, a short explanation and if the item is scheduled to come back to Council for consideration. This report provides the current status of Councillor initiated motions.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
39
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Resolution (CO2014/461) That Council note the Councillor Motions Status Report. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon
CARRIED
7. SEALING OF DOCUMENTS 7.1
SEALING OF DOCUMENTS
Resolution (CO2014/462) That the Common Seal of the Banyule City Council be affixed to the lease between Banyule City Council and Oriel Services Limited for the lease of part of the land at 3 Wimpole Crescent, Bellfield, for a five (5) year term commencing 1 November, 2013 and expiring 31 October, 2018. 1.
Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale
CARRIED
8. NOTICES OF MOTION 8.1
GRIMSHAW STREET / FLINTOFF STREET GREENSBOROUGH - PEDESTRIAN SAFETY
Cr Mark Di Pasquale submitted a Notice of Motion Resolution (CO2014/463) That interested Councillors and appropriate officers meet with the State Member for Bundoora to discuss road safety concerns at the intersection of Grimshaw Street and Flintoff Street, Greensborough.� Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa
8.2
CARRIED
PUBLIC TRANSPORT VICTORIA BUS REVIEW
Cr Tom Melican submitted a Notice of Motion Mr Roger Fyfe spoke on the item. Resolution (CO2014/464) That Council organise a meeting with Public Transport Victoria to discuss the current bus routes and timetables, to ensure any review is beneficial to Banyule residents. Moved: Cr Tom Melican Seconded: Cr Rick Garotti
40
CARRIED
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
8.3
15 DECEMBER 2014
ENCOURAGING PARTICIPATION OF WOMEN IN BUSINESS AND GOVERNMENT
Cr Jenny Mulholland submitted a Notice of Motion Resolution (CO2014/465) That Council Investigate supporting frameworks that can be implemented within Banyule to encourage and support participation of Women in Business and Government and a report be presented to Council on possible actions/outcomes. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti
8.4
CARRIED
EDUCATION FACILITIES IN THE OLYMPIA WARD
Cr Craig Langdon submitted a Notice of Motion. Resolution (CO2014/466) That Council advise the public that in relation to concerns regarding the lack of schools and education facilities in the Olympia Ward, contact be made with the State Government and in particular the State Government Representative. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon
CARRIED
9. General Business 9.1
JETS STUDIO
Cr Craig Langdon congratulated the staff, volunteers and supporters of Jets Studio for another 12 months of community participation in particular with the youth of the City including many students of the Concord School. Cr Langdon noted that this was highlighted by the end of year celebration and certificate presentation attended by Cr Phillips, Director Allison Beckwith, numerous staff, students and parents. Furthermore Cr Langdon noted that Jets Studio was opened by Diamond Valley Council in August 1985 and next year will be its 30th year. He invited Cr Phillips as a former Councillor of Diamond Valley and other Councillors to join him to help celebrate this significant achievement.
9.2
COMMUNITY MEALS
Cr Craig Langdon congratulated and thanked all the community organisations within Banyule who provided meals throughout the year for local residents. In particular the All Saints Anglican Church in Greensborough and the St Georges Anglican Church in East Ivanhoe who conduct monthly free meals and other goods.
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
41
MINUTES ORDINARY MEETING OF COUNCIL
9.3
15 DECEMBER 2014
HEIDELBERG MOSQUE OPEN DAY
Cr Craig Langdon congratulates the organisers of the Community Open Day at the Heidelberg Heights Mosque on Saturday 6th December. In particular Cr Langdon expressed his appreciation to the leaders of the Mosque, the interfaith community, Victoria Police, Crs Melican & Garotti and the Project 3081 Staff, Rob Ball & Penelope Le Petit for their attendance and support for the event.
9.4
THE MALL CHRISTMAS CELEBRATIONS
Cr Craig Langdon noted the Christmas event he attended over the weekend at The Mall.
9.5
CAROLS BY CANDLELIGHT
Cr Mark Di Pasquale thanked staff and everyone involved in organising the Carols by Candlelight event held at WaterMarc in Greensborough on Saturday 13 December 2014.
9.6
EAGLEMONT TRADERS ASSOCIATION CHRISTMAS FAIR
Cr Jenny Mulholland congratulated the Eaglemont Traders Association on the organisation of their recent Christmas fair.
9.7
MOVIES IN THE PARK
Cr Jenny Mulholland thanked and congratulated staff for organising the successful Movies in the Park at Ivanhoe Park and also thanked the Mayor for his attendance.
9.8
BANYULE CITY COUNCIL
Cr Jenny Mulholland noted that Banyule City Council was formed 20 years ago today, and wished Banyule City Council Happy Birthday.
10. Urgent Business Nil
Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 10.1-10.2. 42
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
MINUTES ORDINARY MEETING OF COUNCIL
15 DECEMBER 2014
Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti
CARRIED
The Meeting was adjourned at 10.29pm.
The Meeting was closed to the public at 10.32pm.
Closure of Meeting The Meeting was closed at 10.43 pm.
DATED:........................... DAY OF ........................... 2014
............................................. MAYOR
These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2014
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