Banyule City Council 17 August 2015 Ordinary Council Agenda by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 17 August 2015 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our meeting is being held on the Traditional Land of the Wurundjeri willam people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders and to the Elders of other Aboriginal peoples who may be present here today” Apologies and Leave of Absence Cr Steven Briffa Confirmation of Minutes Ordinary Meeting of Council held 3 August 2015 Disclosure of Interests Nil 1. Petitions Nil REPORTS: 2. People – Community Strengthening and Support 2.1 2016-2017 Community Sport Infrastructure Fund .................................................. 3 3. Planet – Environmental Sustainability 3.1 Procurement Policy ............................................................................................... 11 4. Place – Sustainable Amenity and Built Environment 4.1 Review of the Heritage Act 1995 ........................................................................... 15

AGENDA (Contâ&#x20AC;&#x2122;d) 4.2 4.3

Banksia Community Stadium: Community Consultation ........................................ 18 Extension of time to planning permit for a mixed use development at 40 Upper Heidelberg Road, Ivanhoe ................................................................. 21

5. Participation â&#x20AC;&#x201C; Community Involvement in Community Life 5.1 Council Meeting Dates for 2016 ............................................................................ 27 6. Performance - Use Our Resources Wisely 6.1 22 and 24 Peters Street Watsonia - Proposed Sale of Land ................................. 29 6.2 Service Level Agreement - NORTH Link ............................................................... 36 6.3 Further Submission to Essential Services Commission......................................... 40 6.4 Items for Noting ................................................................................................... 48 6.5 Assembly of Councillors ........................................................................................ 50 7. Sealing of Documents 7.1 Sealing of Documents ........................................................................................... 55 8. Notices of Motion 8.1 Traffic Investigation - Frye Street, Meakin Street and Trist Street, Watsonia North ..................................................................................................... 59 8.2 Local Council Motion of Support - Marriage Equality ............................................. 60 9. General Business 10. Urgent Business 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 the following confidential matter 11. Confidential Matters 11.1 Contractual matters 11.2 Contractual matters & legal advice 11.3 Contractual matters

Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified. Closure of Meeting

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2.1

2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND

Author:

Ben McManus - Coordinator Leisure & Cultural Services, Community Programs

File:

F2015/2316

EXECUTIVE SUMMARY The Community Sports Infrastructure Fund (CSIF) for 2016-2017 was released on 19 July 2015. The CSIF provides high-quality and accessible community sport and recreation facilities. Funding is available under eight categories. Project proposals for one application within the Better Pools, Major Facilities and Small Aquatic Projects are due on the 24 August 2015. Council does not currently have any projects to be considered for Better Pools or Small Aquatic Projects, therefore this report considers potential projects within the Major Facilities Category. There are three (3) projects that have been identified as potential applications for the Major Facilities Category, however only one (1) application can be submitted to Sports & Recreation Victoria (SRV). The potential projects include:  Banksia Street Community Stadium  Cyril Cummins Reserve Hockey Pitch Renewal  N.J.Telfer Reserve Pavilion – masterplan implementation Having regard for the funding criteria and the highly competitive nature of the Major Facility category, the current funding gaps for Banksia Community Stadium and further analysis required for Cyril Cummins Reserve Hockey Pitch surface, the proposed N.J. Telfer Reserve Pavilion is considered the most appropriate project proposal to proceed at this point in time. The project will provide for a purpose built multi sports and community facility that will allow for increased participation in a range of sports across the region and has an existing commitment from Council for matching funding. cSport and Recreation Victoria will advise Councils of project proposals supported to full application stage by 21 September 2015. Council will receive a further report to consider the funding implications for all projects and confirm matching funding requirements. Full application for all categories close on 29 October 2015. Funding announcements and notification of outcomes are expected from March 2016 onwards.

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND cont’d RECOMMENDATION That: 1.

Council endorse the proposed N.J.Telfer Reserve Pavilion and associated works as the Major Facility application within the 2016/17 Community Sports Infrastructure Fund and request officers submit a Project Proposal to Sport and Recreation Victoria by 24 August 2015.

A full assessment of the Cyril Cummins Reserve Hockey Pitch be undertaken by two independent contractors to determine the urgency of works and expected life of surface. The outcome of this advice is presented to Council before the consideration of the Minor Facilities Grants and future budget considerations.

A further report be prepared in October 2015 to consider the overall matching funding required for applications in all categories within the 2016/17 Community Sports Infrastructure Fund.

Council write to Local Members of Parliament and the Minister of Sport inviting them to a meeting to discuss the Banksia Community Stadium project and future funding opportunities. 1.

Better Pools – Up to $3 million to provide high-quality aquatic leisure facilities through new or redeveloped aquatic centres.



Major Facilities – Up to $650,000 (total project cost is more than $500,000) to develop or upgrade major district and regional sport and recreation facilities.

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND cont’d 

Small Aquatic Projects – Up to $200,000 to improve and upgrade aquatic facilities, seasonal pools and develop new water play spaces.



Minor Facilities –Up to $100,000 for any one project (total project cost is up to $1,000,000) to develop or upgrade community sport and recreation facilities.



Cricket Facilities - Up to $100,000 to assist local Councils, cricket associations and local cricket clubs to upgrade and develop cricket specific club infrastructure including new buildings, grounds, and training facilities.



Female Friendly Facilities – Up to $100,000 are available to build new and upgrade existing, out-dated change facilities at sports clubs around the state that cater for traditional and non-traditional female sport, with a focus on promoting female and family friendly environments.



Planning – Available for planning initiatives that address the future sport and recreation needs, including: o Up to $30,000 for projects focusing on recreation planning or facility feasibility in one municipality o

Up to $50,000 for regional planning initiatives that demonstrate intermunicipal needs and financial support from multiple local government authorities.

The table below summarises the application categories, the number of applications Council can apply for, the total funding available and the funding ratio for each category. Application Number 1

Up to 3 total (max of 2 applications from any category) 1 1

Category Bette Pools Major Facilities (>$500 TPC*) Small Aquatic Minor Facilities (<$1m TPC*) Cricket Facilities Female Friendly Facilities Local Planning in Banyule Regional Planning

Funding Amount Up to $3m Up to $650K

Funding Ratio

SRV $1:$3 local

Up to $200K Up to $100K SRV $1:$3 local Up to $100K Up to $100K Up to $30K Up to $50K

SRV $1:$1 local SRV $1.5:$1 local

* Note: TPC = Total Project Cost

Application Process The application process will vary depending on the specific category Council is applying for. For Better Pools, Major Facilities and Small Aquatic Projects the application process will include the submission of project proposals due on the 24 August 2015. Sport and Recreation Victoria will advise Councils of projects supported to Full Application

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND cont’d stage by 21 September 2015. Full applications need to be submitted by 29 October 2015. Applications to the Minor Facilities, Cricket Facilities, Female Friendly Facilities and Planning categories will involve the submission of a Full Application, following mandatory discussions with Sport and Recreation Victoria representative. Full Applications close on 29 October 2015. A future report will be considered by Council to determine applications for these categories in October 2015. Funding announcements and notification of outcomes for all funding applications will occur from March 2016 onwards. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. DISCUSSION The initial stage for project proposals in the Better Pools, Major Facilities and Small Aquatic Projects is effectively an expression of interest to SRV. Council does not currently have any projects to be considered for Better Pools or Small Aquatic Projects, therefore this report considers potential projects within the Major Facilities Category. The application guidelines include the type of projects that might be funded within the Major Facilities Category:  The development of new, or redevelopment of existing multi-purpose facilities that cater for a range of activities and user groups. Examples include new or redeveloped stadiums or development of multi-sport precincts.  The development of single purpose regional or sub-regional facilities, which usually include: o a catchment of more than one municipality o users who are likely to travel some distance to participate o regionally significant projects for the sport(s) or activity o facilities for regional or representative training, competition and events. Council has received guidance from SRV on the development of proposals to ensure they have merit, align with funding objectives and are ready to proceed. There are three (3) projects that have been identified as potential application for the Major Facilities Category however only one (1) application can be submitted to SRV.

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2.1

2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND cont’d The three (3) projects are: Banksia Community Stadium Banksia Basketball Stadium was previously in full use by the community in the northern region before its closure in 2011. The Banksia Community Stadium is proposed to be a four court multipurpose facility and increase participation in a range of sports across the region. The project outcomes are closely aligned with the Major Category Funding Criteria and Council resolved to put this project forward for consideration for the 2015/16 application process. The application was unsuccessful and feedback from SRV indicated the project was well documented however the project had a significant funding gap. Council has received proposals from the following organisations in relation to potentially filling the funding gap:  Ivanhoe Knights Basketball Club Inc. (IKBC)  Stadia Australia Pty Ltd  Melbourne Tigers The Banksia Community Stadium - Community Reference Group has reviewed the principles of the proposals and indicated the IKBC proposal is more closely aligned with Council’s objectives than the other two proposals. Council is currently investigating the financial capacity of the IKBC against their proposal. It should be noted that this proposal will require Council to guarantee a loan for the IKBC. The funding gap at time of application would still remain. Cyril Cummins Reserve Hockey Pitch Renewal The Yarra Valley Hockey Club (YVHC) has requested Council consider the Cyril Cummins Reserve Hockey Pitch Renewal for a Major Facility funding application. The renewal of the hockey pitch is the YVHC responsibility which YVHC have acknowledged. In July 2014 Hockey Victoria undertook a full facility audit of the Cyril Cummins Reserve and their report indicated that the pitch was ‘safe’ for hockey activity. At this time it was identified that tree roots were damaging the surface of the pitch. Council authorised Berry Bowling Systems/ABS Sports Fields to investigate the life expectancy of the pitch in September 2014 which confirmed the pitch had at least three (3) more years of service life before requiring replacement. Council funded $35,000 in 2014/15 as emergency works to undertake minor repairs in January 2015. A nominal allocation has been identified in Council’s future Capital Works Budget in anticipation of Council assisting YVHC to meet their obligations and renew the pitch. YVHC has recently indicated the current playing surface has deteriorated and is now showing signs of wear, including creasing and slippery patches. YVHC claim the surface is now in urgent need of replacement to ensure hockey can safely continue in 2016/2017. The existing sand based synthetic surface does not meet new Hockey Victoria entry criteria for admission to the Premier League. SRV has confirmed 'like for like' surfaces is not applicable except in exceptional circumstances. These are assessed on a case by case basis and against other

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND cont’d applications. All applications are required to respond to the assessment criteria and the 'like for like' projects would also have to provide solid evidence why they should be considered as exceptional, for example a surface audit that has identified a major safety issue and the grounds will be closed if not replaced. To be competitive, the projects would also need to be very strong in the other criteria such as increased participation and the provision of additional opportunities. Traditionally ‘like for like’ projects struggle to compete against new or improved facilities that demonstrate increased participation. Considering this advice, it is proposed that a full assessment of the surface be undertaken by two independent contractors to determine the urgency of works and expected life of surface. This advice will be presented to Council before the consideration of the Minor Facilities Grants and future budget considerations. N.J. Telfer Reserve N.J. Telfer Reserve is located on Greenwood Drive and Noorong Avenue, Bundoora. This reserve currently serves three sporting clubs, Bundoora Junior Football Club, Bundoora Cricket Club and Bundoora Tennis Club. In 2008, the N.J. Telfer Reserve Master Plan was developed with key recommendations to improve the football/cricket pavilion, access to and parking within the reserve. The need to develop community facilities was highlighted in the plan, not only for current pavilion users but also as a meeting space for other local community groups including the Greensborough Girl Guides and Bundoora Community Hall. The masterplan notes that the existing sports pavilion:  Is approaching the end of its functional life  Is too close to the adjacent residential properties limiting explanation and growth of sports demands  Should not be extended due to its location, and a new multipurpose community and sports facility be built. In 2014, Council engaged Architecture Matters and Traffix Group to develop a plan addressing the main issues at NJ Telfer Reserve. A concept plan and traffic management design for the site has been developed with associated costings prepared. Council has identified the implementation of this plan for N.J. Telfer Reserve as a priority and has allocated $100,000 to complete detailed designs in 2015/16 with a further allocation of $1.2M in the 2016/17 capital works plan. Having regard for the highly competitive nature of the Major Facility category, each Project proposal has been assessed against the funding criteria and a summary is included in Attachment One. FUNDING IMPLICATIONS Council will receive a further report in October and consider the funding implications prior to submitting potential projects to Full Application for consideration. The table below explores the potential funding mix of the Project Proposals that have been identified as potential applications for the Major Facilities Category.

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND contâ&#x20AC;&#x2122;d

Project

Estimated Funding Mix

Banksia Basketball Stadium

Cyril Cummins Reserve Hockey Pitch Renewal

N.J. Telfer Reserve

Project cost: $11.5M

Comments Council has resolved to allocate $7M for this project.

SRV: $650K (TBC) BCC: $7M (Allocation in reserves) Council has received 3 proposals to fill Club /Other: $3.85M (TBC) the funding gap which are currently being analysed. Project Cost: $700K Council has made a notional allocation in its future capital works budget. SRV: $175K (TBC) BCC: $425K (TBC) The YVHC have verbally indicated they Club: $100K TBC may be able to commit $100K toward the project which needs to be analysed and confirmed. Project Cost: $2M Council has made a notional allocation of $1.2M for this project in 2016/17. SRV: $500K (TBC) BCC: $1.2M (Allocation 2016/17) Council will need to consider gap or rescope project through detailed design.

CONSULTATION Consultation has occurred with key stakeholders on all three projects. The Banksia Stadium has an established Community Reference Group to help develop and guide the project. Community information sessions have been held in regards to the Banksia Community Stadium in July 2015, highlighting the current status of the project and the funding gap. Advocacy papers have been developed and presented to other levels of government for both the Banksia Community Stadium and N.J. Telfer Reserve Masterplan confirming they are key future priority projects for Council. Further advice needs to be sought in regards to the life expectancy of the YVHC pitch surface by a full assessment of the surface to be undertaken by two independent contractors to determine the urgency of works and expected life of surface. TIMELINES Key dates regarding the application process are included below: Stage One

Project Proposals for Better Pools, Major Facilities and Small Aquatic Projects

Closing date: 24 August 2015

Stage Two

Development of Full Applications for all categories

Closing date: 29 October 2015

Funding announcements and notification of outcomes

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March 2016 onwards

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2016-2017 COMMUNITY SPORT INFRASTRUCTURE FUND contâ&#x20AC;&#x2122;d CONCLUSION Having regard for the funding criteria and the highly competitive nature of the Major Facility category and current funding gaps for Banksia Community Stadium and further analysis required for the Cyril Cummins Reserve Hockey Pitch surface, the proposed NJ Telfer Reserve is considered the most appropriate project proposal to proceed at this point in time. The project will provide for a purpose built multi sports and community facility that will allow for increase participation in a range of sports across the region and has an existing funding commitment from Council in 2016/17 for matching funding.

ATTACHMENTS No.

Title

Major Facility Funding Criteria Assesment Summary

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Page 62

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3.1

PROCUREMENT POLICY

Author:

David McCutcheon - Senior Contracts Officer, Corporate Services

File:

F2015/167

3.1

Planet – Environmental Sustainability

EXECUTIVE SUMMARY In accordance with S186A of the Local Government Act 1989 (LGA), Council must prepare and approve a procurement policy at least once in each financial year. The procurement policy was last approved by Council at its meeting on 21 July 2014. The procurement policy includes the principles, processes and procedures that will apply to all purchases of goods, services and works by the Council. The policy is supported by Council’s Procurement & Contract Management Guidelines which provide guidance for staff and will be updated to reflect to changes made to the Policy. Council’s procurement policy as attached has been reviewed in consultation with stakeholders and amended to include a number of best practice principles as outlined below: 

 



alignment with best practice principles including: Providing a long term strategic view of procurement needs Providing a robust and transparent audit trail Risk is managed at all stages of the procurement process Use innovative procurement solutions to promote sustainability and best value Use social procurement to contribute to building stronger communities Ensure all responsible staff are aware of the legislative requirements addition of definitions and elaboration of the core principles on Best Value, Open and Fair Competition, Accountability, Risk Management, Probity and Transparency. enhancement of effective legislative and policy compliance and control and Corporate social responsibility and social procurement, Diversity, to further demonstrate sustained value, integration in the Corporate strategy, and achieving best value Inclusion of performance indicators to measure procurement performance and initiatives.

The approved procurement policy must be available for inspection by the public at the Council office and on the Council website. The procurement policy is presented to Council for adoption. RECOMMENDATION That Council adopts the Banyule City Council Procurement Policy as reviewed and amended.

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PROCUREMENT POLICY cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”. BACKGROUND Council is required, under S186A of the Local Government Act 1989, to prepare and approve a procurement policy (the Policy). The Policy must be reviewed each financial year, amended as necessary and approved by Council. The approved procurement policy must be available for inspection by the public at the council office and on the council website. The procurement policy was last adopted by Council at its meeting on Monday, 21 July 2014. The purpose of the Policy is to:     

Provide policy and guidance to the Council to allow consistency and control over procurement activities; Demonstrate accountability to ratepayers; Provide guidance on ethical behaviour in public sector purchasing; Demonstrate the application of elements of Best Practice in purchasing; and Increase the probability of obtaining the right outcome when purchasing goods and services.

Council’s Finance and Procurement unit has reviewed the policy against best practice principles and other recommendations as identified in: 

Municipal Association of Victoria (MAV) Model Procurement Policy (Updated) August 2011



Victorian Local Government (VLG) Best Practice Procurement Guidelines 2013



Banyule City Council Internal Audit Reporting - Procurement Review (November 2013)



Independent Broad-based anti-corruption commission (IBAC) recommendations regarding Procurement Risk (March 2015)

There were no major departures identified in the review but some minor amendments have been made to the policy to enhance best practice. The amendments are as follows attachment two provides some further detail.

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PROCUREMENT POLICY cont’d Information added to the policy to align with best practice including:      

Providing a long term strategic view of procurement needs Providing a robust and transparent audit trail Risk is managed at all stages of the procurement process Use innovative procurement solutions to promote sustainability and best value Use social procurement to contribute to building stronger communities Ensure all responsible staff are aware of the legislative requirements

Definitions have been added to section 1.5 for  Category Management  Procurement  E-Procurement  Corporate Social Responsibility (CSR)  Social Procurement

The policy at section 2.3 includes elaboration of the core principles on:  Best Value  Open and Fair Competition  Accountability  Risk Management  Probity and Transparency

The policy at section 2.11 - Category Management and 2.12 - e-Procurement includes specific commentary to enhance effective legislative and policy compliance and control in this area.

The policy at section 3 has been enhanced to include at 3.4– Corporate social responsibility and social procurement, and 3.6 – Diversity, to further demonstrate sustained value, integration in the Corporate strategy, and achieving best value

The policy at section 4 has been enhanced to include at 4.2 the use of performance indicators to measure procurement performance and initiatives.

The draft of the revised policy was distributed to senior management for feedback and a procurement review workshop was held internally to discuss and finalise the changes to the Policy. Procurement and Contract Management Guidelines To effect the proposed changes within the Policy, the procurement guidelines will also need to be updated. The procurement guidelines will be enhanced as per below: Social and Environmental Procurement. Banyule City Council will continue to consider social and environmental procurement in procurement activities. The procurement guidelines will be updated to enhance the requirement for social and environmental procurement and appropriately reflected in procurement assessments. Thresholds –It is proposed that the current thresholds be benchmarked against other Councils in order to propose any changes for adoption within the procurement

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PROCUREMENT POLICY cont’d guidelines and policy. Where changes are proposed the procurement policy and guidelines will be updated accordingly. Contract Management – Banyule City Council Officers with Contract Management responsibilities will be suitably trained so that they can effectively carry out the contract management responsibilities. Contract Management training is provided by external organisations (e.g. Municipal Association of Victoria) and other opportunities will be provided to officers as necessary. Procurement Procedures and Practices – the existing procedures and practices will be reviewed and amended to align them with the policy and further mitigate procurement risk. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities and reference to the Charter is included in the Policy. POLICY IMPLICATIONS The adoption of this Policy will provide the basis for Council’s procurement activities over the next 12 months. It will be supported by Council’s Procurement and Contract Management Guidelines that will be reviewed later this year. CONCLUSION Council’s Procurement Unit has reviewed the Policy for 2015/2016 and has consulted with all relevant Council Officers. There has been no legislative change impacting upon Procurement since the Policy was last amended and adopted. ATTACHMENTS No.

Title

2015 Procurement Policy

Summary of Amendments to Policy

Ordinary Meeting of Council - 17 August 2015

Page

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4.1

REVIEW OF THE HERITAGE ACT 1995

Author:

Fae Ballingall - Strategic Planner, City Development

File:

D15/100166

4.1

Place – Sustainable Amenity and Built Environment

EXECUTIVE SUMMARY A review of the Heritage Act 1995 is in progress. Heritage Victoria has invited submissions to the review and has provided a discussion paper outlining some initial changes proposed for the Act. A draft Banyule Council Submission has been prepared in response. Overall, the changes proposed will make positive steps towards strengthening the protection of the State’s heritage however, it is suggested that there is opportunity for improvement in reforming the nomination process, streamlining the registration process and the assessment of heritage areas. RECOMMENDATION That Council notes the review of the Heritage Act 1995 and makes a submission (as attached) to the review. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND The Heritage Act 1995 (the Act) provides protection for historic heritage places and objects of State significance. It is Victoria’s principal legislation for the identification, management and protection of these places and objects through the Victorian Heritage Register. Whilst minor amendments have been made to the Act over the last twenty years this is the first comprehensive review undertaken. Heritage Victoria is now inviting submissions to the review and has provided a discussion paper outlining some initial changes proposed for the Act. A draft Banyule Council Submission has been prepared in response. HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues.

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REVIEW OF THE HERITAGE ACT 1995 cont’d DISCUSSION In summary, the review of the Act is seeking to:   

Improve heritage registration processes Simplify heritage permit and consent processes Strengthen compliance and enforcement measures

Heritage Victoria has already identified a range of measures to strengthen the operation of the Act. These include:       

Streamlining heritage listings with one clear and simple process, and reforming the nomination process. Introducing State significant heritage precincts and cultural landscapes Including only significant sites in the Heritage Inventory to provide more appropriate protection of Victoria’s archaeology Ensuring that the views of local government are considered on permit decisions Ensuring permit decisions are based on the place and its heritage value Clarifying issues arising from registered places in multiple ownership Increasing penalties for unauthorised works

Overall, the changes proposed will make positive steps towards strengthening the protection of the State’s heritage. However, there are several points outlined in the Discussion Paper that the draft Banyule Council Submission makes further comment. These are related to reforming the nomination process, streamlining the registration process and the assessment of heritage areas. It is proposed that the Executive Director be given discretion to reject a nomination outright if there is no reasonable case for inclusion in the Register. It is important that this does not become a tool to reduce the administrative burden of excessive nominations on Heritage Victoria at the expense of a fair and consistent consideration of all nominations. The current registration and nomination processes for the Victorian Heritage Register are protracted and complex so the proposal to introduce a single registration process with prescribed timeframes will be effective in reducing excessive delays and costs. However, this change will need to be accompanied by increased resourcing for Heritage Victoria. The review also responds to the need for a clear and appropriate assessment framework that is specific to the complexities of heritage areas, including cultural landscapes and urban precincts. Currently the Act does not adequately provide for recognition of heritage areas. It is proposed that the Heritage Council introduces a definition of “heritage area” and develop appropriate assessment criteria. This is an important opportunity to give clarity and consistency for the assessment of such complex sites. The recent nomination of the Banyule Flats and Warringal Parklands to the Victorian Heritage Register demonstrates this need to resolve the ambiguity and inconsistency around how thresholds for cultural landscapes are determined against the existing criteria. Following the review, Council will be provided with an update on revisions to the Act. TIMELINES Submissions are due on 31 August 2015.

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REVIEW OF THE HERITAGE ACT 1995 cont’d CONCLUSION The review will provide an opportunity to improve protection and simplify processes for the State’s heritage. The draft submission gives broad in-principle support to Heritage Victoria for the proposed changes. Following consultation and consideration of submissions, Heritage Victoria will make a decision on which proposals will be taken forward. ATTACHMENTS No.

Title

Banyule Council Submission

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Page 96

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4.2

Place – Sustainable Amenity and Built Environment

4.2

BANKSIA COMMUNITY STADIUM: COMMUNITY CONSULTATION

Author:

Tom Zappulla - Leisure Facilities, Place & Partnership Co-Ordinator, Community Programs

Ward:

Olympia

File:

F2015/507

Previous Items Council on 13 April 2015 (Item 4.2 - Bellfield Redevelopment Site and Banksia Community Stadium Precinct Project update (Former Banksia Secondary College)) Council on 9 June 2015 (Item 4.7 - Banksia Redevelopment Site and Banksia Community Stadium Precinct Project Update (Former Banksia Secondary College)) EXECUTIVE SUMMARY At its ordinary meeting on 9 June 2015 Council resolved (CO2015/166) that further consultation been undertaken with the community regarding the proposed Banksia Community Stadium. The consultation was to inform the community of the current Council commitment to the project and highlight current funding gaps. To explain the constraints and unsuitability of the current stadium structure for refurbishment and Council’s intention to demolition these structures located at 230-232 Banksia Street, Bellfield. Approximately 1,200 frequently asked question (FAQ) sheets regarding the project were directly mailed to nearby residents, property owners and other stakeholders which included an invitation to attend two community information sessions on the 22 July 2015. A total of six people attended the community information sessions and three written submissions were received. All attendees of the community information sessions and the written submissions support the proposed demolition of the existing stadium structure. Other key feedback received though written submissions queried if the current site is it the right location for a future stadium and seeking clarification around the timing, governance structure and communication plan for the wider Bellfield precinct master plan. RECOMMENDATION That: 1.

A contractor be engaged to demolish the existing Banksia Stadium, located at 230-232 Banksia Street, Bellfield.

A further report be prepared for Council’s consideration on the future management options and potential funding opportunities for the proposed Banksia Community Stadium. 

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BANKSIA COMMUNITY STADIUM: COMMUNITY CONSULTATION cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND At its ordinary meeting on 9 June 2015 Council resolved (CO2015/166) that further consultation been undertaken with the community regarding the proposed Banksia Community Stadium. The focus of the Frequently Asked Questions (FAQ) sheet (Attachment One) and community information sessions was to:   

Understand community sentiment on Council’s proposal to demolish the existing dilapidated buildings; Explain the future of the proposed stadium, including Council committed and current funding gaps; and Introduce the associated initial master planning work, which is forecast for later this year.

Locality Plan

Note: Location of current stadium on Bellfield site.

4.2

Place – Sustainable Amenity and Built Environment

4.2

Place – Sustainable Amenity and Built Environment

BANKSIA COMMUNITY STADIUM: COMMUNITY CONSULTATION cont’d HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues. CONSULTATION Approximately 1,200 FAQ sheets were directly mailed to nearby residents, property owners and other stakeholders which included an invitation to attend one of two community information sessions on 22 July 2015. The community information session details were advertised on Councils website. Six people attended two sessions and three written submissions relating to the stadium demolition and proposed precinct master plan were received. Following both sessions, meeting notes and a copy of the session presentation were distributed to all attendees and posted on Councils website. CURRENT SITUATION All attendees of the community information sessions were in support of the proposed demolition of the existing stadium. A summary of the comments received and officer responses are included in Attachment Two. Written submissions relating to the stadium demolition and proposed precinct master plan were also received from the following organisations:   

Bellfield Residents’ Action Group (BRAG) Reopen or Schools (ROS) Ivanhoe West Netball Club & Yarra Valley Hockey Club

One of the written submissions questioned if the proposed location for a future stadium is the right location in the absence of a comprehensive evaluative study of potential sites. All three submissions requested clarification around the timing, governance structure and communication plan for the wider Bellfield Precinct master plan. A summary of the comments received and officer responses are included in Attachment Three. The submissions have been forwarded to Council’s Property and Economic Development team for consideration. CONCLUSION When considering the current condition and refurbishment limitations of the existing facilities, all attendees at the community information sessions and written submissions received supported the proposed demolition of the existing stadium structure. ATTACHMENTS No.

Title

Banksia Consultation Frequently Asked Questions

Banksia Community Stadium: Feedback Summary

101

Banksia Community Stadium: Submission Summary

102

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4.3

EXTENSION OF TIME TO PLANNING PERMIT FOR A MIXED USE DEVELOPMENT AT 40 UPPER HEIDELBERG ROAD, IVANHOE

Author:

Andy Wilson - Team Leader - Development Planning, City Development

Ward:

Griffin

File:

P760/06

EXECUTIVE SUMMARY The proposal seeks an extension of time to a planning permit issued by the Victorian Civil and Administrative Tribunal (VCAT) on 6 August 2007 for a mixed use multilevel development at 40 Upper Heidelberg Road, Ivanhoe. The permit has previously been extended on three occasions. A change in planning policy has occurred since the permit was last extended with the permanent inclusion of the site within the Design and Development Overlay schedule 11. Council considered an extension of time requests in November 2013 and determined that an extension of time was appropriate on the basis that the development satisfied the requirements of the proposed planning policy. The Council, at the time, indicated that any further extension of time would be unlikely to be supported. However, a further extension is now considered reasonable to enable the development to proceed. RECOMMENDATION That Council extend the permit timeframe for planning permit P760/2006 at 40 Upper Heidelberg Road, Ivanhoe for a further two (2) years. The development must now be commenced by 6 August 2017 and the development completed by 6 August 2019. The use of the land must also commence by 6 August 2019.

Planning Permit Application:

P760/2006

Development Planner:

Andy Wilson

Address:

40 Upper Heidelberg Road, Ivanhoe

Proposal:

A multi-level mixed use building incorporating dwellings, basement car parking, a cafĂŠ and shop, a reduction in the standard car parking requirement, a waiver of the loading bay requirement and alterations to vehicular access to a Road Zone Category 1.

Existing Use/Development:

Vacant Land

Applicant:

Terrain Consulting

Zoning:

Commercial 1 Zone

Overlays:

Design and Development Overlay Schedule 11, Vegetation Protection Overlay 3.

Notification (Advertising):

Not advertised

Objections Received:

n/a

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4.3

Place â&#x20AC;&#x201C; Sustainable Amenity and Built Environment

4.3

Place – Sustainable Amenity and Built Environment

EXTENSION OF TIME TO PLANNING PERMIT FOR A MIXED USE DEVELOPMENT AT 40 UPPER HEIDELBERG ROAD, IVANHOE cont’d Ward:

Griffin

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY At the Council meeting of 7 October 2013, Council resolved to amend the Ivanhoe Structure Plan to ensure better design outcomes for the subject site. At the Council meeting on 18 November 2013, Council resolved to grant an extension of time to the permit. In particular it was decided that Council: 1.

Extend the permit timeframe for a further two (2) years. The development must now be commenced by 6 August 2015 and the development completed by 6 August 2017. The use of the land must also commence by 6 August 2017.

Notify the applicant that Council would unlikely support another extension of time should the development not begin within the above timeframe.

Since the last request to grant an extension to the planning permit, the Ivanhoe Structure Plan has been approved and the planning scheme amended to incorporate the Design and Development Overlay (Schedules 11 and 12) which give effect to the Structure Plan. Previous permit history The subject site was previously used for the purpose of a petrol station and motor mechanic but is currently vacant. It is noted that there have been a number of permits issued in relation to the petrol station use. Planning Application P285/00 for an eight level apartment building with six levels above Upper Heidelberg Road and two basement levels was refused by Council on 27 November 2000. The applicant sought a review of Council’s decision at the Victorian Civil and Administrative Tribunal. The Tribunal supported Council’s refusal of the application on the basis that the scale and bulk of the proposal was not appropriate in the context of the site having regard to the relevant policies within the scheme. However, they concluded that a modified proposal with a reduced scale which could/would sit more comfortably within the topography and serve as a gateway treatment to mark the entry to the Ivanhoe Shopping Centre would be possible while still making a positive contribution to urban consolidation policies. Planning permit P760/2006 was directed to be issued by the Victorian Civil and Administrative Tribunal on 6 August 2007 following the issuing of a Notice of Decision to Grant a permit by Council officers. 45 objections were received in response to the proposal which was for a mixed use development incorporating:

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EXTENSION OF TIME TO PLANNING PERMIT FOR A MIXED USE DEVELOPMENT AT 40 UPPER HEIDELBERG ROAD, IVANHOE cont’d • • • • •

Buildings and works for the construction of multi-level building including three levels of basement car parking, 69 dwellings located over three levels and commercial and retail floor space at street level. Use of the premises for dwellings. Reduction in the standard car parking requirement associated with use of the land for dwellings and shop. Waiving of the requirement for a loading bay. Alteration to vehicular access to the site.

No plans have been endorsed under the permit and the development has not commenced.

Subject site

Figure 1: Locality Plan SUBJECT SITE AND SURROUNDING AREA The subject site is located on the east side of Upper Heidelberg Road at the southern end of the Ivanhoe Shopping Centre. The site is triangular in shape and approximately 2455m2 in area. The land is sited on a ridgeline that extends along Upper Heidelberg Road and slopes steeply away to the east and north east. The site was previously used for the purpose of a petrol station and associated mechanical repairs workshop. The buildings which occupied the site for the petrol station have been removed. The southern half of the site (the apex of the triangle) contains overgrown grass and straggly vegetation abutting the railway boundary. A small row of conifers through

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4.3

Place – Sustainable Amenity and Built Environment

4.3

Place â&#x20AC;&#x201C; Sustainable Amenity and Built Environment

EXTENSION OF TIME TO PLANNING PERMIT FOR A MIXED USE DEVELOPMENT AT 40 UPPER HEIDELBERG ROAD, IVANHOE contâ&#x20AC;&#x2122;d the centre of the site screens the existing unsightly buildings from the south. Except for a few small and straggly trees and shrubs the site is largely void of vegetation. The site also contains a 1.22 metre wide drainage easement which is located approximately central to the site and runs parallel with the northern boundary of the site. Given the triangular shape of the subject site at the end of the Ivanhoe Shopping strip adjacent to where Upper Heidelberg Road crosses the railway line there are no other directly abutting properties. To the north of the site is a three storey brick building which includes two levels built to the front and side boundaries and used for the purpose of offices. The third level is recessed substantially from the front boundary. Basement car parking underneath and at the rear of the building is provided using the slope of the land. Opposite the site on the northwest corner of Upper Heidelberg Road and Waverley Avenue is the Ivanhoe Catholic Church. This is an angular concrete building rising to three storeys at its highest point and with a copper steeple forming one of the highest structures at the southern end of the Ivanhoe Shopping Centre. The church delineates the extent of the shopping centre on the western side of Upper Heidelberg Road. On the South West corner of Upper Heidelberg Road and Waverley Avenue is a single storey brick building with a residential scale but is currently used for the purpose of a nursing home. To the south of the nursing home on the west side of Upper Heidelberg Road are residential buildings which generally provide a substantial front setback planted with extensive trees, shrubs and lawn. To the east of the railway reserve is a residential area which is generally downhill from the subject site. The dwellings situated to the east of the site are located on Waterdale Road and Lower Heidelberg Road. These dwellings vary from singlestorey to double-storey and are from the interwar to post-war era. PLANNING CONTROLS Current Zone: Overlays:

Commercial 1 Zone (C1Z) Vegetation Protection Overlay (VPO3) Design and Development Overlay (DDO11)

Previous Zoning: Overlays:

Business 1 Zone Design and Development Overlay (Schedule 7) Vegetation Protection Overlay (Schedule 3)

A complete summary of the key planning controls are summarised in Attachment 1 to this report.

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Place – Sustainable Amenity and Built Environment

4.3

EXTENSION OF TIME TO PLANNING PERMIT FOR A MIXED USE DEVELOPMENT AT 40 UPPER HEIDELBERG ROAD, IVANHOE cont’d TECHNICAL CONSIDERATION In exercising its discretion to extend a planning permit, a number of principles have been established to determine what matters the Responsible Authority may rightly consider in determining whether an extension of time should be granted. These are: 1. 2. 3. 4. 5. 6. 7.

Whether there has been a change of planning policy. Whether the landowner is seeking to “warehouse” the permit. Intervening circumstances as bearing upon grant or refusal. The total elapse of time Whether the limit originally imposed was adequate. The economic burden imposed on the landowner by the permit. The probability of a permit issuing should a fresh application be made.

A complete assessment against these principles is included in Attachment 1 to this report. In summary, it is considered that an extension of time to the permit is consistent with these principles on the basis that while there has been a change in planning policy since the granting of the planning permit through the introduction of a permanent DDO control, the approved development is considered to be acceptable when assessed against this control. The approved development is generally consistent with the preferred limits outlined in the DDO, although it is noted that the height will exceed the preferred maximum height of 18 metres (by less than 1m) and the setbacks from side boundaries are less than the preferred 3 metres. This is considered to be acceptable on the basis that appropriate tree planting can be accommodated within the Upper Heidelberg Road frontage and that the design of the building provides for sufficient visual interest. It is understood that the subject site is currently being sold to a new party giving a clear prospect of the development commencing. Furthermore, the development of this important gateway site with the approved development which meets the objectives of the Ivanhoe Structure Plan will result in a better outcome than allowing the land to remain vacant. CONCLUSION While the approved development exceeds the preferred building setbacks and height limits specified within the DDO11, it is considered that the height is acceptable and that appropriate tree planting opportunities can be accommodated within the Upper Heidelberg Road reserve, resulting in an acceptable design response. It is therefore recommended that the permit timeframes be extended by a further 2 years to allow a new owner to act on the permit. ATTACHMENTS No.

Title

Attachment 1 - Planning Controls

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Page 25

5.1

COUNCIL MEETING DATES FOR 2016

Author:

Cindy Ho - Governance Officer, Corporate Services

File:

F2015/167

5.1

Participation – Community Involvement in Community Life

EXECUTIVE SUMMARY The Local Government Act 1989 requires Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule which requires 7 days notice of an Ordinary meeting or Special meeting. The dates and venues of Council Meetings are published in Council’s annual calendar, The banner and the local Leader newspapers. The proposed dates take into consideration public holidays, the legislative requirements for the Budget & City Plan timetable, Election of Mayor, the General Election, Caretaker period and the Australian Local Government Association (ALGA) conference. This report is to consider and approve a schedule of meeting dates for the Council Meetings for 2016. RECOMMENDATION That the Council Meeting Dates for 2016 be as follows: 8 February

14 June (Tuesday)

5 September

22 February

20- 22 June

19 September

7 March

27June

4 April

11 July

7 November

18 April

25 July

21 November

9 May

8 August

5 December

30 May

22 August

19 December

(ALGA)

27 October (Thursday) (Mayoral Election)

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5.1

Participation – Community Involvement in Community Life

COUNCIL MEETING DATES FOR 2016 cont’d BACKGROUND Council Meetings are currently held most fortnights on a Monday evening, commencing at 7.45pm. All Council Meetings are held in the Council Chambers at the Ivanhoe Service Centre. The dates proposed have been chosen to maintain the meeting cycle where possible whilst avoiding clashes with Public Holidays. There are times throughout the proposed dates that the meeting cycle is extended out to three weeks due to public holidays. One meeting has also been proposed for a Tuesday evening in June due to the Queen’s Birthday Public Holiday on the Monday, to try and maintain the fortnightly schedule whilst avoiding a meeting on 20 June due to the annual Australian Local Government Association (ALGA) conference that a number of our Councillors usually attend. The Mayoral Election must be held after the 4th Saturday in October, but not later than 30 November each year. A meeting for the Mayoral Election in 2015 has been proposed for Thursday 27 October 2016. General Election A General Election will be held on 22 October 2016. A caretaker period leading up the General Elections will be in place. Section 3(1) of the Act defines the election period to be the 32 day period that starts on the last day of nominations and ends at 6 p.m. on the Election Day. The commencement date is yet to be confirmed, it is anticipated to commence on 20 September 2016. The Caretaker period places restrictions on Council’s ability to make major decisions that are binding on an incoming Council. There is provision in the Local Government Act for any urgent matters needing consideration. The first meeting after the Election is scheduled for the 7 November. This provides the results of the Election to be declared prior to holding a first meeting.

HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.

ATTACHMENTS Nil

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6.1

22 AND 24 PETERS STREET WATSONIA PROPOSED SALE OF LAND

Author:

Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Grimshaw

File:

F2013/1090

6.1

Performance - Use Our Resources Wisely

Previous Items Council on 23 March 2015 (Item 6.6 - 22 and 24 Peters Street Watsonia - Notice of Intention to Sell) Council on 6 July 2015 (Item 6.1 - 22 and 24 Peters Street, Watsonia - Proposed Sale of Land - Hearing of submissions) EXECUTIVE SUMMARY Council owns two separate allotments known as 22 and 24 Peters Street, Watsonia (the subject land). The rear boundaries are adjacent to A K Lines Reserve (Reserve). The subject land has previously been identified as surplus to Council’s needs. Planning Scheme Amendment C103 rezoned the land from Public Park and Recreation Zone (PPRZ) to General Residential Zone (GRZ1). At its Ordinary Meeting on 23 March 2015 (CO2015/73) Council resolved to commence the statutory procedures, in accordance with section 189 of the Local Government Act 1989 (Act), to give public notice of Council’s intention to sell the subject land. Public notice was given in the “Diamond Valley Leader” on 15 April 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 13 May 2015. No submissions were received. In assessing the saleability of the subject land a number of issues, that need to be addressed prior to the sale, were identified. These issues include the removal of Telstra assets and relocation of the water supply to the Reserve, both of which are currently located within the subject land. This report considers the matters to be addressed prior to sale of the subject land, and whether or not to proceed and, in the event that Council decides to sell, the method of sale. RECOMMENDATION That Council: 1.

Approves the sale of Council land known as 22 and 24 Peters Street, Watsonia (subject land) at public auction as two separate allotments.

Arrange for the works to relocate the water supply to AK Lines Reserve and remove Telstra assets from the subject land to be completed prior to the sale of the subject land.

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6.1

Performance - Use Our Resources Wisely

22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND cont’d 3.

Obtain a valuation prior to the sale of the subject land.

Sign and seal the necessary documentation at the appropriate time to effect the sale and transfer of the subject land.

Consider a further report in relation to setting the reserve for the sale of the subject land.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. Council has the legislative power to sell land owned or vested in Council’s name. Prior to making any decision Council must invite, then hear and consider any submissions received in accordance with section 223 of the Act. In this instance no submissions were received. BACKGROUND Council is the owner of the land known as 22 and 24 Peters Street, Watsonia (subject land). Compulsorily acquired in 1974 by the former Diamond Valley Council, the subject land was purchased with the intention of extending the adjacent A K Lines Reserve (Reserve) – assuming that all properties abutting the Reserve would also be acquired to facilitate this vision. Due to a range of other municipal priorities, the former Diamond Valley Council’s vision never fully came to fruition, with 22 and 24 Peters Street being the only Peters Street properties acquired at that time.

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22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND contâ&#x20AC;&#x2122;d

Figure 1: Locality Plan The subject land comprises two separate allotments, bounded by the Reserve to the rear and by residential properties to the north-east and south-west. (See plan in Figure 1.) Consistent with the surrounding residential land, Planning Scheme Amendment C103 rezoned the land from Public Park and Recreation Zone (PPRZ) to General Residential Zone (GRZ1). At its ordinary meeting on 23 March 2015 (CO2015/73) Council considered a report on the future use of the Council land and authorised the commencement of the statutory procedures in accordance with section 189 of the Act. Furthermore, at its ordinary meeting of 6 July 2015 (CO2015/213) Council recorded that no submission were received and that further investigation be undertaken to clarify the location of service authority assets within the subject land together with the costs and/or options for the relocation, installation or retention of such assets. TECHNICAL CONSIDERATION The subject land comprises allotments on two separate titles, being the whole of the land in certificates of title volume 9325 folio 443 and 444. The total property area is 1150m2. Each of the two titles has an area of 575m2, which could be sold individually or collectively as a development site. The water supply and tapping for the Reserve is currently sourced from within the south side of 22 Peters Street Watsonia. Assuming that Council proceeds to sell the subject land, the tapping and water supply facilitated through 22 Peters Street, Watsonia will need to be severed. An

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6.1

Performance - Use Our Resources Wisely

6.1

Performance - Use Our Resources Wisely

22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND contâ&#x20AC;&#x2122;d alternative supply source will need to be connected to facilitate continued water supply to the Reserve. The estimated cost of these works is $22,500. Investigation into the water supply for the Reserve raised concerns regarding the gas supply to the pavilion in the Reserve. Investigations have since revealed that the gas supply to the Reserve is sourced from Grimshaw Street, not through the subject land. Therefore the sale of the subject land would not impede the supply of gas to the Reserve in any way. Recent investigations into service assets also identified a Telstra pit at 22 Peters Street, Watsonia which supplied the pavilion in the Reserve with phone connection. The phone line has not been used for 20 years and is no longer required. The pit is described as an existing asbestos type 2 pit. The cost to remove, dispose and backfill the pit and to recover the existing cable and leave it coiled in the existing pit outside 22 Peters Street, Watsonia is estimated to be $2,100. The lawful point of discharge for the subject land is an existing drainage pit approximately 40 metres north of the north east boundary in the car park and driveway area of AK Lines Reserve. Drainage construction will be necessary to connect to the pit. The cost is unknown at this time, and will be subject to completion of detailed design. ASSET REMOVAL/RELOCATION The works required to relocate the water supply must be completed prior to settlement to ensure continued supply to the Reserve is protected. Council does have the option of selling the subject land with settlement conditional on the works being completed. However in order to present the subject land at its most saleable it is recommended completing the works prior to the land being offered for sale. The Telstra pit is no longer required. However the removal of the pit will make the subject land more attractive to potential buyers. Therefore in order to present the land in a manner that will ensure maximum price it is recommended the pit be removed prior to offering the subject land for sale. FINANCIAL IMPLICATIONS The cost of relocating the water supply (estimated $22,500) and removal of Telstra assets ($2,100) would be offset against funds from the sale of the subject land. When selling land a vendor is not obliged to provide a lawful point of discharge. This can be acknowledged in the section 32 vendors statement; then the obligation falls to the purchaser. The drainage works may vary depending on whether the two allotments of land are purchased by two separate buyers or one buyer for both allotments with intentions for a multi-unit development. Due to the uncertainty surrounding the future use of the subject land, it is appropriate for the cost of the drainage works to be deferred to the future owner.

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22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND cont’d LEGAL CONSIDERATION SUBDIVISION ACT 1988 If Council sells land deemed as public open space, to which section 20 of the Subdivision Act 1988 applies, the proceeds from any sale must be used to: a. b.

buy land for use for public recreation or public resort, as parklands or for similar purposes; or improve land already set aside, zoned or reserved (by the Council, the Crown, a planning scheme or otherwise) for use for public recreation or public resort, as parklands or for similar purposes; or improve land (whether set aside on a plan or not) used for public recreation and public resort, a parklands or for similar purposes, with the approval of the Minister administering the Local Government Act 1989.

Given that the subject land was previously included in the PPRZ, any proceeds from the sale must be redirected to purchasing replacement open space or improvements to land set aside for open space. LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act. Council must give public notice and invite submissions from the public before exercising such power. Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader’ on 15 April 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 13 May 2015. No submissions were received. Section 189 of the Act also provides that prior to the sale or exchange of land Council must obtain, from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960, a valuation of the land which is made not more than six (6) months prior to the sale or exchange. CURRENT SITUATION Council must now consider whether or not to proceed with the sale of the subject land. In the event that Council decides to sell the subject land, the method and timing of the sale must also be decided. A valuation must also be obtained prior to the sale of the subject land. POLICY IMPLICATIONS GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. The Guidelines acknowledge that in some circumstances it may be more advantageous for the sale of the property to be negotiated with one party. The Act

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6.1

Performance - Use Our Resources Wisely

6.1

Performance - Use Our Resources Wisely

22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND cont’d does restrict Council from selling or exchanging Council-owned land by private treaty. Generally it will be:    

the nature of the Council-owned land that is proposed to be sold or exchanged; and or how the proposed sale of exchange of land is initiated, e.g. often it is an external person who has initiated discussions with Council with regard to the sale or exchange of the Council-owned land; when the price offered is substantially more than the valuation; or evident that there is likely to be only one purchaser for the Council-owned land;

that will determine whether the sale or exchange of Council-owned land by private treaty is appropriate. Nevertheless, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. DISCUSSION The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the subject land. Legal advice has previously been obtained regarding the most appropriate process for Council to undertake to sell its landholdings. The options include: 1. 2. 3. 4.

Sale by public auction. Sale by private treaty. Expression of Interest (EOI). Request for Quotations (RFQ) and Request for Proposals (RFP).

In providing this advice, it has been recommended that Council should consider which of the above methods of sale is likely to achieve the best outcome, having regard to Council’s financial and non-financial objectives. In this instance it is considered that sale at public auction will provide the opportunity to achieve the desired financial outcome in a public forum. This is an appropriate method of sale where Council is not seeking a specific outcome from the developer of the land. It is considered that offering the subject land for sale as two separate allotments will achieve a higher financial return than if the land was offered as a single site. Further the sale of the allotments separately does not preclude a potential buyer from purchasing both allotments and developing them as a single site. Investigations into service assets on the subject land was required to ensure full compliance with disclosure obligations required under Section 32 of the Sale of Land Act 1962 and to ensure, consistent with Council’s Sale and Exchange of Land Policy, that the highest possible return to the community is achieved if Council determines to proceed with the sale.

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22 AND 24 PETERS STREET WATSONIA - PROPOSED SALE OF LAND contâ&#x20AC;&#x2122;d CONCLUSION The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance it is considered the sale of the subject land at separate public auctions, one immediately after the other, is likely to achieve the best overall outcome. Consequently, the proposal to offer the subject land for sale at public auction as two separate allotments, following completion of the works to relocate the water supply to the Reserve and remove Telstra assets have been completed, should be supported. ATTACHMENTS Nil

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6.1

Performance - Use Our Resources Wisely

6.2

SERVICE LEVEL AGREEMENT - NORTH LINK

Author:

Joseph Tabacco - Manager Property & Economic Development, City Development

File:

F2015/58

Previous Items Council on 6 July 2015 (Item 2.1 - Performance measures associated with Council's membership to NORTH Link) EXECUTIVE SUMMARY At its meeting on 6 July 2015, Council resolved to write to the northern metropolitan regional economic development agency - NORTH Link, inviting the Board of Management to enter into a Service Level Agreement as part of Council’s 2015/16 membership commitment. Having presented Council’s preferred key performance indicators to NORTH Link, a draft Service Level Agreement has been prepared. Council should now consider finalising the agreement and formalising its membership for the 2015/16 financial year. RECOMMENDATION That Council: 1.

Endorse the Service Level Agreement as presented in Attachment 1 to this report.

Write to NORTH Link advising that Council’s membership commitment for the 2015/16 financial year is now active and confirming endorsement of the Service Level Agreement.

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6.2

Performance - Use Our Resources Wisely

SERVICE LEVEL AGREEMENT - NORTH LINK cont’d The report articulated that Council write to NORTH Link’s Board of Management, inviting the organisation to enter into a SLA that clarifies Council’s membership expectations and agreed reporting schedules as part of a one-year commitment of $15,000 towards its membership fee for the 2015/16 financial year. The same report also sought that the outcomes of the proposed SLA negotiations be reported back to Council. Locality Plan NORTH Link is a regional partnership of industry, education and government established in 1995. It is a business network and regional economic development advocacy group representing Melbourne’s northern region comprising the cities of Banyule, Darebin, Hume, Moreland, Whittlesea and Yarra.

Figure 1 – NORTH Link coverage area. ADVOCACY NORTH Link plays a pivotal role in collectively advocating for, and positioning, the northern region of metropolitan on the basis of:  Sustainable regional economic growth and employment  Delivering advocacy effort for infrastructure and investment attraction  Facilitating regional marketing, promotional materials and activities  Undertaking economic and industry research  Providing assistance to industry to improve business productivity and exporting

capability

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SERVICE LEVEL AGREEMENT - NORTH LINK contâ&#x20AC;&#x2122;d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Council has written to NORTH Link formally requesting the establishment of a SLA. The correspondence outlined Councilâ&#x20AC;&#x2122;s preference for including the following parameters within the SLA: 1. 2.

3. 4. 5.

7. 8.

Promoting and supporting the development of the La Trobe Employment Cluster and Melbourne Polytechnic. Identifying and attracting businesses to locate to the commercial office space (2,200 square meters) that Council will develop at WaterMarc in Greensborough. Identifying and attracting small businesses to locate to the small business hub in the Bell Street Mall. Developing a comprehensive Investment Attraction Strategy for the Northern region, including the City of Banyule. Visibly and actively advocating to State and Federal Governments for investment in key local infrastructure as identified in the Northern Horizons Report. A report and presentation to Council from NORTH Link in April/May 2016 on their performance in delivering against the anticipated outcomes for Banyule City Council which should include the relative benefits vs. costs of their NBAA business program. Continued representation from Banyule City Council on the NORTH Link Board. Transparent reporting on the full revenues and costs of NORTH Link (via an Annual Report) including the remuneration paid to its Executive Officers.

Meetings have since been held with NORTH Link to discuss the items highlighted above and a formal instrument to capture such key performance objectives has now been prepared. NORTH Link has agreed to the parameters and is prepared to enter into the SLA shown attached to this report as ATTACHMENT 1. FUNDING IMPLICATIONS Membership to NORTH Link is currently $15,000 annually. Provision has been made in the 2015/16 budget to accommodate this membership fee. The membership fee has not changed since 1995.

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SERVICE LEVEL AGREEMENT - NORTH LINK cont’d POLICY IMPLICATIONS Membership to NORTH Link is consistent with the draft Economic Development Plan 2015-2020 (EDP) which was endorsed for public exhibition by Council in July 2015. Furthermore, the proposed year 1 EDP action plan refers to NORTH Link as a strategic partner under the theme ‘Leadership and Partnerships’. TIMELINES Council’s endorsement of the SLA will enable Council to proceed with its membership and be entitled to receive the relative benefits that continue to be offered by NORTH Link. CONCLUSION The establishment of a SLA will further strengthen levels of accountability and make clear Council’s expectations of NORTH Link.

ATTACHMENTS No.

Title

Service Level Agreement

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6.3

FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION

Author:

Peter Utri - Acting Director Corporate Services, Corporate Services

File:

F2015/167

6.3

Performance - Use Our Resources Wisely

Previous Items Council on 11 May 2015 (Item 5.1 - Rate Capping Submission - Essential Services Commission Consultation Paper) EXECUTIVE SUMMARY The Essential Services Commission (ESC), tasked by the State Government to introduce a system of Rate Capping in Victoria have released their Draft report “A Blue Print For Change – Local Government Rates Capping & Variation Framework Review.”(attached) The ESC draft report invites interested parties to respond to the paper. Council on behalf of its community has an obligation to ensure the ongoing financial security of the municipality. As previously stated Council remains overall opposed to the introduction of a rate cap. Council considers the introduction of a standard rate cap across all municipalities does not account for the individuality of local community needs or the starting position of municipalities. The rate cap proposed does not take into account the significance of cost shifting or legislative burdens imposed upon local government. A further layer of administration and cost is now born by Council through this process. RECOMMENDATION 1.

That Council write to the Essential Services Commission (ESC) and attach its submission in response to the Draft Rate Capping (Blue Print for Change) report, outlining: a. b. c.

e. f.

That in alignment with Principle 1 of the rate capping design framework Council seeks further consideration of local needs in setting the cap A request for the broadening of the capping mechanism to take into account other cost drivers. That the implementation of any rate capping, should occur after the expiration of the current City Plan and post the 2016 General Council Election. A request of the ESC to provide some analysis of the current financial position of all councils and their ability to remain sustainable with a Rate Cap The need for provision of analysis of the future long term effects of the proposed rate cap. A rate cap does not allow a council to promote local self-determinacy as

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION cont’d

g. h. i.

k. l.

is mandated by the election of local councillors The use of a blunt instrument does not consider local issues The premise that cost pressure on the local government industry is not linear or one dimensional That where support from other levels of Government for community infrastructure projects and initiatives is evident, an as of right variation process should exist. That all costs identified by Council in the administration of the rate capping system are publicised by the ESC through the Local Government Reporting Framework to the community. The direct effects of the rate cap on rates on flexible service provision be identified That Council acknowledges the good work the ESC continues to do in the development of the framework however there are concerns about the increased administrative burden on councils in relation to the proposed variation planning, consulting and reporting processes.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”. BACKGROUND In January 2015, the Essential Services Commission (ESC) of Victoria received Terms of Reference from the State Government. The Terms of Reference was to consider and report on the development of a state-wide rate capping and variation framework for councils. The ESC undertook consultation with a wide range of stakeholders during the first half of 2015. The ESC was originally committed to bring a final proposal back in October 2015. Subsequently the ESC has committed to bring this process forward to the end of September 2015. This change from an October to a September decision date has occurred in response to issues of timing being brought up in the first round of submissions and consultation that took place in May 2015. The change will provide Councils with key financial information to complete their budget processes for 2016-17 financial year. Since the initial announcement that the State Government had intention to introduce rate capping based on CPI, Banyule Council together with other local councils and the sector’s peak bodies, have all expressed concern that CPI is not an appropriate benchmark for measuring council costs. The main concern is that introducing such a

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION cont’d model will significantly restrict the way in which councils are able to raise revenue in the future and will have detrimental impacts on the delivery of services to the community and the ability to maintain or provide local infrastructure. The ESC has also acknowledged that a straight CPI equation is not an appropriate measure to cap rates. The ESC is proposing a system that creates a base rate cap established both on a CPI and wage rate index and a system established to allow for claims of variation to this base rate. This wage rate index is based across industry and is not necessarily able to reflect wage decisions supported at the Fairwork commission that a Council may have to legally abide by. Inherent in the rate cap system proposed by the ESC is a flat efficiency dividend which has not taken into account any current financial position of Councils. PRINCIPLES GUIDING THE FRAMEWORK’S DESIGN Principle 1 — Local communities differ in their needs, priorities and resources. Principle 2 — Local communities and ratepayers are entitled to hold their councils to the highest standards of accountability and transparency when setting rates. Principle 3 — The framework should support the autonomy of councils to make decisions in the long-term interests of their community and ratepayers. Principle 4 — Councils will need to satisfy the burden of proof outlined in the framework when seeking a variation above the cap. Principle 5 — Rate increases should be considered only after all other viable options have been explored. Principle 6 — The framework should support best practice planning, management systems and information sharing to uphold council decision-making. Principle 7 — The framework should be flexible and adaptable. Principle 8 — There should be few surprises for ratepayers and councils in the implementation of the framework. *ESC Blue Print For Change July 2015

Councils could apply for a variation to the rate cap, but would need to address the following matters:  the reason a variation from the cap is required  whether the application takes account ratepayer and community views  whether the variation represents value-for-money and is an efficient response to the budgeting need  whether service priorities and funding options have been considered  whether the proposal is integrated into the council's long term strategy There are no particular circumstances where an application would automatically be approved or rejected. Each application would be assessed on its merits. However, the principles guiding the framework's design involve a council needing to satisfy the burden of proof when seeking a variation above the cap, and suggest that rate increases should be considered only after all other viable options have been explored. Councils would need to be precise about the rate outcome being sought through the variation process. The ESC would have the power to accept or reject an application for variation. It would not have the power to vary an application.

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION contâ&#x20AC;&#x2122;d

Initially, variations for only one year would be permitted, although this would progressively change so that, by 2019-20 and beyond, variations of up to four years would be permissible. The extended variations are in effect an admission that continued capping is not sustainable and that growth in community expectations, ongoing cost shifting and a need to renew expensive infrastructure (through renewal) all play a part in councils having to seek exemptions. What are the monitoring and reporting requirements? Councils would be required to provide certain information to the ESC each year, such as total council revenue, total value of rateable properties, total number of rateable properties and breakdown of refuse related costs (including the landfill levy). The ESC would monitor and publish an annual rates report on councils' adherence to the rate cap and any approved variation conditions. The ESC would also monitor and publish an annual monitoring report on the overall outcomes for ratepayers and communities. Council is concerned that this layer of administration will in fact add to the costs of reporting. ADVOCACY Council continues to rely on the MAV to advocate on the industryâ&#x20AC;&#x2122;s behalf in this matter. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. FUNDING IMPLICATIONS Council has identified an alignment with the Rate Cap number within the strategic resource plan. Banyule is well placed in the short term to complete its strategic works plan for the life of the City Plan and Strategic Budget. The implications of the draft report are that Council will need to reconsider its priorities going forward and recommence further consultation with the community on emerging priorities and the willingness to seek future variations to the capped rate. The alternative will be to reconsider the level and breadth of services offered.

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION contâ&#x20AC;&#x2122;d Banyule has an ongoing program for the delivery of efficiency measures to provide best value of service to the community. Councilâ&#x20AC;&#x2122;s financial sustainability is put at some risk in the longer term having regard to legislated imposts including capped or minimal increases in State and Federal Government funding, fixed or minimal increases State fees and charges, together with a consistent increase in demand for Council services and asset renewal. This has significant implications for future service provision to the community. POLICY IMPLICATIONS On the commencement of rate capping Banyule will need to review and amend its Rating Strategy to reflect the changed legislative environment. CONSULTATION Banyule Council will in addition to its current consultation processes need to develop a consultation and data collection format that expressly fits with the requirements of the ESC. DISCUSSION Banyule Council, like most councils and other industry bodies, remains of the opinion that the use of a simplistic measure such as CPI to cap municipal rates is inappropriate. The introduction of a multi base rate from the ESC is a step in the right direction but does not go far enough. The proposed rate cap still leaves all council vulnerable to sudden economic shifts. A rate cap does not allow for self-determinacy for the specific needs of a community and as such remains a blunt instrument. Banyule Council supports the views of the Municipal Association of Victoria (MAV), which has always argued that Councils do not deliver electricity, bread and milk, the common household goods and services which are measured by the CPI. Councils in Victoria deliver more than 100 community services and fund construction and material costs to maintain $73 billion in community facilities. Like all councils, Banyule has been subject to reduced funding from both Federal and State Governments. In addition, the factors driving up Council costs are different from those affecting the increase in prices of common household goods and services, measured by the CPI. The argument repeated throughout the industry is that the growth in costs, the cost to maintain the scale of infrastructure under council control, cost shifting from other tiers of Government, the costs of compliance under a growing regulatory environment and the growing demands of communities, all require a level of rate revenue in excess of an index which is based on typical consumer goods costs. There is a flawed base assumption that the level of rating undertaken by local government has not been appropriate and there is a problem that needs to be fixed. A global assumption seems to have been made that all councils are rating too highly and that councils will be able to operate effectively within a capped environment.

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION contâ&#x20AC;&#x2122;d

Despite these challenges, Banyule Council is an efficient, well managed and financially sound organisation. Each municipality enters a rate capped environment with pre-existing and differing financial conditions. Each Council should be able to present its justification for a rate based on the needs of its local community. This rate should be based on a councilâ&#x20AC;&#x2122;s efficiency of its core service provision, the extent of costs shifted to maintain current levels of service provided on behalf of the community and other levels of government and on the condition and required spend to renew local infrastructure under its control and required to be maintained for its community. A rate cap as proposed will significantly impact on the local community through the eventual reduction in services to the community, the risk of failing local infrastructure and a far higher long term cost to communities through the eventual renewal gap caused (generational impact). The ESC has deemed the process of individual assessment is too difficult a process to deliver It remains Councilâ&#x20AC;&#x2122;s view that local conditions should be taken into account particularly the views of the community and their expectations of service levels as outlined in Best Value principles. Councilmaintains that if a rate cap is introduced, the base year should be the 20182019 Financial Year, as a new Council would have carriage of the capped environment. This would allow the appropriate time for the research and consultation to be concluded, as to what an appropriate rate cap for each council should be having regard to key local government factors. Financial incentives need to be funded by the State Government not from local government funds. There remains a critical requirement for a comprehensive review of the program post any implementation. This review should include both the quantitative and qualitative effects on Councils. A base line study should be undertaken at the outset of rate capping to determine the level of economic activity undertaken currently by councils and look at the underlying sustainability of current council finances, infrastructure and services. The study should examine any shifts in these factors across the study period as a result of the rate capping. The rate capping framework remains a State initiative, any funding for the administration of the framework, the review of its effectiveness, or reporting associated with the scheme should be borne by the State so as not to create a further cost shift or burden on local government The draft report focuses on the need for ongoing reporting and oversight of the program and proposes the utilisation of existing reporting programs and metrics to collect and monitor the quality assurance of the program. This is a welcome outcome and Council supports this method of program control and assessment.

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FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION cont’d

TIMELINES What is the timing? The proposed timelines for implementing the framework is as follows: Submissions close:

28 August 2015

Final report provided to Ministers:

end September 2015

Final report made public:

October 2015

ESC announces cap:

December 2015

Councils submit data and notify ESC of intention to seek a variation:

January 2016

Councils apply for variation:

March 2016

ESC assesses applications:

March-May 2016

ESC notifies councils of decisions:

May 2016

Council consults on draft budget:

May 2016

Council adopts budget:

June 2016

CONCLUSION Banyule in the short term is positioned to cope with a rate capped environment. A belief that a local council is best placed to understand the needs of the community remains. Pressure in growth on council budgets remains, a mix of services and external pressures such as cost shifting will add to the frequency of variation requests. Banyule remains committed to providing services and facilities that provide Best Value for the community. Banyule remains cognisant of the pressures an increasing rate burden can have on sections of the community. Rate capping leads to some significant short term benefits for communities but can lead to enormous long term risk in the renewal of important community assets and the retention of valued services. Council will provide to the ESC a further submission that   

Promotes local self-determinacy Refutes the use of blunt instrument that does not consider local issues Repeats the premise that cost pressure on the local government industry is not linear or one dimensional

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  

6.3

FURTHER SUBMISION TO ESSENTIAL SERVICES COMMISSION cont’d Identifies that where support from other levels of Government for community infrastructure projects and initiatives is evident, an as of right variation process should exist All costs are identified by Council in the administration of the rate capping system and that these additional imposts are publicised by the ESC through the Local Government reporting framework to the community. The direct effects of the cap on rates on flexible service provision be identified

ATTACHMENTS No.

Title

A Blue Print For Change Local Government Rates Capping & Variation Framework Review July 2105

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Page

Page 47

120

6.4

ITEMS FOR NOTING

Author:

John Milkins - Environmental Sustainability Co-ordinator, City Development

File:

F2015/515

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RECOMMENDATION That Council note the following minutes/reports: 1.

Banyule Environment Advisory Committee (BEAC) July Meeting Notes;

Intergovernmental Panel on Climate Change, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K. Pachauri and L.A. Meyer (eds.)]. IPCC, Geneva, Switzerland, 151 pp.

The following Minutes or Reports are presented for noting: 1

Report/Committee Name: .Officer: Brief explanation:

Banyule Environment Advisory Committee (BEAC) John Milkins BEAC held its monthly meeting on 8 July, 2015 at the Rosanna Council offices. The Notes from the meeting are in Attachment 1. The aim of BEAC is to provide Council with advice on environmental issues in Banyule. John Dâ&#x20AC;&#x2122;Aloia (community member) chaired the meeting and Councillor Melican attended the meeting. Councillor Craig Langdon was also present for part of the meeting. Seven committee members attended the meeting. Under Item 15.09 BEAC noted the release of the 5th Intergovernmental Panel on Climate Change (IPCC) Assessment and tabled a 32 page Synthesis Report: Summary for Policy Makers1 . The Synthesis Report addresses the following topics: Observed changes and their causes; Future climate change, risks and impacts; Future pathways for adaptation, mitigation and sustainable development; Adaptation and mitigation. The Synthesis Report is available at https://www.ipcc.ch/report/ar5/syr/ and is attached to this Report (Attachment 2).

IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K. Pachauri and L.A. Meyer (eds.)]. IPCC, Geneva, Switzerland, 151 pp.

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ITEMS FOR NOTING contâ&#x20AC;&#x2122;d BEAC also noted that the Victorian Governmentâ&#x20AC;&#x2122;s Climate Change Act review is seeking submissions until 2 August and recommended that Council make a submission to the Climate Change Act review noting the IPCC 5 assessment and its implications. This recommendation was actioned through inclusion in the Northern Alliance for Greenhouse Action (NAGA) submission to the Climate Change Act review, due to timelines available to bring a Report to Council before the 2 August deadline.

ATTACHMENTS No.

Title

Banyule Environment Advisory Committee (BEAC) Notes, July 2015

181

185

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6.5

ASSEMBLY OF COUNCILLORS

Author:

Cindy Ho - Governance Officer, Corporate Services

File:

F2014/337

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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:

22 July 2015

Type of Meeting:

Banyule Bicycle Advisory Committee

Matters Considered:

                

Transport Accident Commission (TAC) cyclist safety at roundabouts Strategic Cycling Corridors Draft Banyule Integrated Transport Plan Regional Trails Map New Bicycle racks at Ivanhoe and Rosanna Bike Futures Conference 19 to 21 October 2015 Horse Riding Trails Public Riding Trails Public Open Space Review Super Sunday Recreational Cyclist Count Greensborough Highway Livingstone Street crossing of Donaldson Creek bike trail Parkiteer Bike Cage update Off-road feasibility studies Plenty River Trail shared path improvements Northern Region Trails strategy Darebin Creek Trail

Councillors Present:

Tom Melican

Staff Present:

Jeff Parkes – Open Space Planning Coordinator

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ASSEMBLY OF COUNCILLORS cont’d Michelle Herbert – Senior Transport Engineer Kathleen Petras – Transport Engineer Others Present:

Conflict of Interest:

Mr John Merory Mr Mcurie Abboti Ms Greta Gillies Nil

Date of Assembly:

3 August 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 3 August 2015 (excluding confidential items) as listed below: 1.1 1.2

2.1 4.1 4.2 4.3 4.4

6.1 6.2 6.3 7.1 8.1 8.2 8.3

Councillors Present:

Provision of a children's crossing on Martins Lane, Viewbank Petition in relation to approved landscaping at 199 Mountain View Road Greensborough Banyule Business Awards Notice of Decision - Bell Street Mall Special Rate Redmond Court Wetlands Study Martins Lane, Viewbank - Proposed Children's Crossing and Supervisor Proposed Road Closure - Hughes Street at Baldwin Avenue, Montmorency Improvements to Burgundy Street, Heidelberg 1 Kalparrin Avenue Greensborough New Lease Assembly of Councillors Sealing of Documents Rosanna Road/Greensborough Hwy night time Truck Ban Renaming the Mental Health Reserve Greening Banyule

GENERAL BUSINESS

10.

URGENT BUSINESS

Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland

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ASSEMBLY OF COUNCILLORS cont’d Wayne Phillips

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Acting Chief Executive Officer Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Gina Burden – Manager Governance & Communications Emily Outlaw – Council Governance Liaison Officer Daniel Kollmorgen – Manager Transport Sustainability & Municipal Laws Joseph Tabacco – Manager Property & Economic Development

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

7 August 2015

Type of Meeting:

Council & Local Members Meeting

Matters Considered:

     

SRV Funding – Opportunities for Banyule Traffic and Transport Issues – As identified with Vic Roads Greensborough Office Council’s Budget Overview Schools in Banyule City Council La Trobe Cluster State Budget – Outcomes for Banyule City

Councillors Present:

Steven Briffa Craig Langdon Tom Melican Jenny Mulholland

Staff Present:

Others Present:

State Members for Eastern Metropolitan Region  Mary Wooldridge  Richard Dalla-Riva  Bruce Atkinson

Conflict of Interest:

Nil

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ASSEMBLY OF COUNCILLORS contâ&#x20AC;&#x2122;d RECOMMENDATION That the Assembly of Councillors report be received. ATTACHMENTS Nil

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7.1

SEALING OF DOCUMENTS

Author:

Andrea Turville - Property Officer, City Development

Ward:

Hawdon & Bakewell

File:

F2013/1318 x F2013/1261 x F2015/1774

7.1

Sealing of Documents

RECOMMENDATION That the Common Seal of the Banyule City Council be affixed to the following: 1.

Lease and Service Level Agreement between Banyule City Council and Veteran and Community Mens Shed Inc for the premises located at 162 Main Road, Lower Plenty for the term of three (3) years commencing 1 July, 2014 and ending 30 June, 2017

Lease and Service Level Agreement between Banyule City Council and Kalparrin Early Childhood Intervention Program Inc for the lease of 1 Kalparrin Avenue, Greensborough for the term of three (3) years commencing 30 June, 2015 and ending 30 June 2018.

Instrument of Authorisation for Statutory Enforcement Officer, Luke Morrice, and Planning Investigations Officer, David Hargreaves be appointed and authorised as set out in the Instrument

The following documents require the affixing of the Common Seal of Council: 1

PARTY\PARTIES: . OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:

Ordinary Meeting of Council - 17 August 2015

Banyule City Council and Veteran and Community Mens Shed Inc Andrea Turville F2013/1261 x F2013/1318 Lease and Service Level Agreement 162 Main Road, Lower Plenty Hawdon Council is the owner of premises located at 162 Main Road, Lower Plenty (Site). The Site comprises the land and improvements being a small weatherboard building (a converted dwelling) and a Shed at the rear. Veteran and Community Mens Shed Inc (“Mens Shed”) currently occupy the Shed at the rear part of the Site. The Men’s Shed was relocated from 34 Glenauburn Road, Lower Plenty in 2010 after Council received funding from Department of Planning and Community Development to upgrade the existing shed. A Lease and Service Level Agreement has been agreed for the term of three (3) years commencing 1 July, 2014 and ending 30 June, 2017. The commencing rent will be $104.00 plus GST, adjusted annually by CPI. Council should support entering into and formally ratifying the Lease and Service Level Agreement by resolving to affix its Common Seal to the Lease and Service Level Agreement.

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Sealing of Documents

SEALING OF DOCUMENTS cont’d

PARTY\PARTIES: .

Banyule City Council and Kalparrin Early Childhood Intervention Program Inc.

OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:

Andrea Turville F2013/1022 x F2013/1084 Lease and Service Level Agreement 1 Kalparrin Avenue, Greensborough Bakewell Council is the owner of the purpose-built centre situated at 1 Kalparrin Avenue, Greensborough which is leased by Kalparrin Early Intervention Program Inc. (“Kalparrin”) Kalparrin provides early intervention services for children with special needs, and offers resources and support for families in Banyule and surrounding municipalities. In recognition of the community service provided by Kalparrin, the potential commercial rental income for these premises, valued at $164,000 per annum, will be waived. Terms and conditions of a Lease and Service Level Agreement have now been settled on the basis of a three (3) year term commencing 30 June 2015 and ending 29 June 2018 with a commencing rent of $2,600 per annum plus GST with annual 2% increments. This rent assists in covering the costs associated with servicing emergency and exist lighting, and fire detection and prevention equipment and building insurance. Council should support entering into and ratifying the Lease and Service Level Agreement by resolving to affix Council’s Common Seal to the Lease and Service Level Agreement

PARTY\PARTIES: .

Banyule City Council

OFFICER: FILE NUMBER: DOCUMENT: BRIEF EXPLANATION:

Ellen Kavanagh F2015/1774 Instrument of Authorisation Pursuant to section 224 of the Local Government Act 1989 a Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. Officers who undertake the Statutory role of Planner and Planning Enforcement Officers require Authorisation pursuant to the Local Government Act and Planning and Environment Act. An authorised officer has the power to:  Demand the name and address of a person who

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SEALING OF DOCUMENTS cont’d has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.  To enter land at any reasonable time and to enforce the Planning and Environment Act. The Instrument of Authorisation requires the Council Seal for Luke Morrice and David Hargreaves.

ATTACHMENTS Nil

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8.1

TRAFFIC INVESTIGATION - FRYE STREET, MEAKIN STREET AND TRIST STREET, WATSONIA NORTH

Author:

Cr Rick Garotti

Ward:

Grimshaw

File:

F2015/57

8.1

Notice of Motion

TAKE NOTICE that it is my intention to move: 1.

“That Council officers investigate and report on traffic and speed and volumes on Frye Street, Meakin Street, and Trist Street, Watsonia North.”

Explanation As part of the feedback received in regards to the application for the development of the parcel of land at 24 Trist Street, Watsonia, concerns were raised by the community in relation to the amount of vehicles that use Frye Street, Meakin Street and Trist Street to travel between Watsonia and Watsonia North, and Greensborough.

CR RICK GAROTTI Grimshaw Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 August 2015

Page 59

8.2

LOCAL COUNCIL MOTION OF SUPPORT MARRIAGE EQUALITY

Author:

Cr Jenny Mulholland & Cr Craig Langdon

File:

F2015/167

8.2

Notice of Motion

TAKE NOTICE that it is my intention to move:

That Council resolve to: 1.

Publicly support marriage equality irrespective of sex or gender identity.

Write to all Federal Members of Parliament and the Commonwealth Human Rights and Equal Opportunity Commission advising them of council’s support; and

Write to the Parliamentary Secretaries of all political parties with representation in the Federal Parliament encouraging them to prioritise debating changes to the Marriage Act and allow a conscience vote on marriage equality.

Explanation Australia Marriage Equality is a national organisation working for equal marriage for consenting adults, as they believe a person’s gender or sexuality should not affect their legal rights and responsibilities under Australian marriage law. We would like to join 572 organisations (which includes 34 local governments) showing their support for marriage equality, to add our voice to the growing call for equal rights for all Australians. On 11 August 2015 Council’s Lesbian Gay Bisexual Transgender Intersex (LGBTI) Advisory Committee unanimously recommended that Council pass this motion to support marriage equality.

CR JENNY MULHOLLAND Griffin Ward

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 17 August 2015

Page 60

ATTACHMENTS

2.1

2016-2017 Community Sport Infrastructure Fund Attachment 1

3.1

Procurement Policy Attachment 1 Attachment 2

4.1

Service Level Agreement............................................................... 111

Further Submision to Essential Services Commission Attachment 1

6.4

Attachment 1 - Planning Controls .................................................. 105

Service Level Agreement - NORTH Link Attachment 1

6.3

Banksia Consultation Frequently Asked Questions ......................... 98 Banksia Community Stadium: Feedback Summary ....................... 101 Banksia Community Stadium: Submission Summary .................... 102

Extension of time to planning permit for a mixed use development at 40 Upper Heidelberg Road, Ivanhoe Attachment 1

6.2

Banyule Council Submission .......................................................... 96

Banksia Community Stadium: Community Consultation Attachment 1 Attachment 2 Attachment 3

4.3

2015 Procurement Policy................................................................. 64 Summary of Amendments to Policy ................................................. 94

Review of the Heritage Act 1995 Attachment 1

4.2

Major Facility Funding Criteria Assesment Summary....................... 62

A Blue Print For Change Local Government Rates Capping & Variation Framework Review July 2105 ..................................... 120

Items for Noting Attachment 1 Attachment 2

Banyule Environment Advisory Committee (BEAC) Notes, July 2015 ....................................................................................... 181 IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K. Pachauri and L.A. Meyer (eds.)]. IPCC, Geneva, Swit ................................................ 185

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 61

2.1

Item: 2.1

Attachment 1: Major Facility Funding Criteria Assesment Summary

Major Facility Funding Criteria Criteria

Proposed Project Banksia Basketball Stadium

Why is this project required?

Attachment 1

Strategically supported by local or regional plans

Addresses a gap in regional/district provision How will the project be delivered? Clearly identifies the project scope, methodology and outcomes Includes evidence of project costing and confirmation of funding sources Includes schematic plans Demonstrates economic impact during construction and operation Who has been consulted with regarding this project?

Consultation and collaboration with project stakeholders

Managed by an appropriately qualified team

Inter-municipal linkages and issues where appropriate What will the project achieve? Increase (or in certain cases maintain) participation

Encourage the community participation

Significant regional/district and/or multi-purpose benefits is shared, multi-use and co-located. Improve the quality and range of sport and recreation

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 62

Cyril Cummins Reserve Hockey Pitch Renewal

N.J.Telfer Reserve Pavilion

Item: 2.1

Attachment 1: Major Facility Funding Criteria Assesment Summary

2.1

opportunities Demonstrate appropriate business and management planning, which addresses operational and financial sustainability.

Meets Criteria

Partially Meets Criteria

Dose Not Meet Criteria

Attachment 1

Legend:

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 63

Attachment 1: 2015 Procurement Policy

Attachment 1

3.1

Item: 3.1

DRAFT Banyule City Council Procurement Policy July 2015

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 64

Attachment 1: 2015 Procurement Policy

Principles ....................................................................................................................... 5 1.1 Background .................................................................................................................. 5

3.1

Item: 3.1

1.2 Scope ........................................................................................................................... 6 1.3 Purpose ........................................................................................................................ 6 1.4 Treatment of GST ......................................................................................................... 7 1.5 Definitions and Abbreviations ....................................................................................... 7 Effective Legislative and Policy Compliance and Control ......................................... 9 2.1 Ethics and Probity ......................................................................................................... 9 2.1.1 Requirement ......................................................................................................... 9 2.1.2 Conduct of Councillors and Council Staff .............................................................. 9 2.1.2.1 General......................................................................................................... 9 2.1.3 Tender Processes ................................................................................................ 9 2.1.4 Conflict of Interest ............................................................................................... 10 2.1.5 Fair and Honest Dealing ..................................................................................... 10 2.1.6 Accountability and Transparency ........................................................................ 10 2.1.7 Gifts and Hospitality ............................................................................................ 11 2.1.8 Disclosure of Information .................................................................................... 11 2.2 Governance ................................................................................................................ 12 2.2.1 Structure ............................................................................................................. 12 2.2.2 Standards ........................................................................................................... 12 2.2.3 Methods.............................................................................................................. 13 2.2.4 Responsible Financial Management ................................................................... 14 2.2.5 Reporting ............................................................................................................ 14 2.3 Procurement Thresholds and Competition .................................................................. 14 2.3.1 Process .............................................................................................................. 14 2.3.2 Minimum Spend Competition Thresholds ........................................................... 16 2.3.2.1 Tenders ...................................................................................................... 16 2.3.2.2 Exemption from Public Tendering ............................................................... 16 2.3.2.3 Quotations .................................................................................................. 17 2.4 Delegation of Authority ............................................................................................... 18 2.4.1 Requirement ....................................................................................................... 18 2.4.2 Delegations ........................................................................................................ 19 2.4.2.1 Council Staff ............................................................................................... 19 2.4.2.2 Council Delegations & Powers .................................................................... 19 2.4.2.3 Training ...................................................................................................... 19 2.5 Internal Controls ......................................................................................................... 19 2.6 Commercial Information .............................................................................................. 20 2.7 Risk Management ....................................................................................................... 20 2.7.1 General............................................................................................................... 20 2.7.2 Supply by Contract ............................................................................................. 20 2.7.3 Asset Protection ................................................................................................. 21 2.8 Contract Terms ........................................................................................................... 21 2.9 Endorsement .............................................................................................................. 21 ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 65

Attachment 1

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

2.10

Dispute Resolution ................................................................................................. 21

2.11

Category Management ........................................................................................... 22

2.12

Contract Management ............................................................................................ 22

2.12

e-Procurement ....................................................................................................... 22

Demonstrate Sustained Value .................................................................................... 23

Attachment 1

3.1 Integration with Council Strategy ................................................................................ 23 3.2 Achieving Best Value .................................................................................................. 23 3.2.1 Requirement ....................................................................................................... 23 3.2.2 Approach ............................................................................................................ 23 3.2.3 Role of Specifications / Briefs & Drawings .......................................................... 24 3.3 Performance Measure and Continuous Improvement ................................................. 24 3.4 Corporate Social Responsibility .................................................................................. 24 3.5 Sustainability .............................................................................................................. 25 3.5.1 General............................................................................................................... 25 3.5.2 Sustainable Procurement.................................................................................... 26 3.6 Support of Local Business .......................................................................................... 27 3.7 Diversity..................................................................................................................... 27 4

Apply a Consistent and Standard Approach ............................................................. 27 4.1 Standard Processes ................................................................................................... 27 4.2 Performance Indicators .............................................................................................. 27 4.3 Management Information ............................................................................................ 28

Build and Maintain Supply Relationships.................................................................. 28 5.1 Developing and Managing Suppliers .......................................................................... 28 5.2 Supply Market Development ....................................................................................... 28 5.3 Relationship Management .......................................................................................... 29 5.4 Communication........................................................................................................... 29

Continual Improvement .............................................................................................. 29

Charter of Human Rights ............................................................................................ 29

Policy Contact Details................................................................................................. 29

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 66

Principles 1.1 Background Banyule City Council:  Recognises that: o

Developing a procurement strategy and adopting appropriate best practice contracting and procurement principles, policies, processes and procedures for all goods, services and works by Council, will enhance achievement of Council objectives such as sustainable and socially responsible procurement; bottom-line cost savings, supporting local economies; achieving innovation; and better services for communities.

The elements of best practice applicable to local government procurement incorporate:  broad principles covering ethics, value for money, responsibilities and accountabilities;  guidelines giving effect to those principles;  a system of delegations (i.e. the authorisation of officers to approve a range of functions in the Procurement process);  procurement processes, with appropriate procedures covering minor simple Procurement to high value complex Procurement; and  a professional approach to all procurement activities.

 Requires that its contracting and purchasing activities: o

support the Council’s corporate strategies, aims and objectives including, but not limited to those related to sustainability, protection of the environment, and corporate social responsibility;

take a long term strategic view of its procurement needs while continually assessing, reviewing and auditing its procedures, strategy and objectives;

provide a robust and transparent audit trail which ensures that procurement projects are delivered on time, within cost restraints and that the needs of the end users are fully met;

span the whole life cycle of an acquisition, from initial concept to the end of the useful life of an asset, or the end of a service contract;

achieve value for money and quality in the acquisition of goods, services and works by the Council;

ensure that risk is identified, assessed and managed at all stages of the procurement process;

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 67

Attachment 1

Attachment 1: 2015 Procurement Policy

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

Attachment 1

3.1

Item: 3.1 o

use strategic procurement practices and innovative procurement solutions to promote sustainability and best value, in particular making use of collaboration and partnership opportunities;

use social procurement to enhance sustainable and strategic procurement to effectively contribute towards building stronger communities and meeting the wider social objectives of Council;

can demonstrate that public money has been well spent;

are conducted, and are seen to be conducted, in an impartial, fair and ethical manner;

seek continual improvement including the embrace of innovative and technological initiatives such as electronic tendering processes to reduce activity cost;

comply with legislation, corporate policies or other requirements, ensuring that all staff responsible for procurement and contract management are aware of and adhere to the legislative requirements, Council standards and best practice.

1.2 Scope This Procurement Policy is made under Section 186A of the Local Government Act 1989. This section of the Act requires the Council to prepare, approve and comply with a Procurement Policy encompassing the principles, processes and procedures applied to all purchases of goods, services and works by the Council. This policy applies to all contracting and procurement activities at Council and is binding upon Councillors, Council Officers and temporary employees, contractors and consultants while engaged by the Council. The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed.

1.3 Purpose The purpose of this Policy is to: 

provide policy and guidance to the Council to allow consistency and control over Procurement activities;



demonstrate accountability to ratepayers;



provide guidance on ethical behaviour in public sector purchasing;



demonstrate the application of elements of best practice in purchasing; and

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 68

Attachment 1: 2015 Procurement Policy 

increase the probability of obtaining the right outcome when purchasing goods and services.

3.1

Item: 3.1

1.4 Treatment of GST All monetary values stated in this policy include GST except, where specifically stated otherwise.

Term

Definition

Act

Local Government Act 1989.

Category Management

A “Category” is an area of spend determined by known market boundaries separating different products, services or industries. Category management recognises that suppliers within a certain market are likely to have similarities which enable a tailored approach to procurement. Information that, if released, may prejudice the business dealings of a party e.g. prices, discounts, rebates, profits, methodologies and process information, etc. The process that ensures both parties to a contract fully meet their respective obligations as efficiently and effectively as possible, in order to deliver the business and operational objectives required from the contract and in particular, to provide value for money. The staff of contractors, sub-contractors and consultants while engaged by Council.

Commercial in Confidence Contract Management

Contractors and Consultants Council Staff

Includes full time and part-time Council officers, and temporary employees.

Probity

The dictionary definition of probity refers to uprightness, honesty, proper and ethical conduct and propriety in dealings. Within Government, the word "probity" is often used in a general sense to mean "good process." A Procurement process that conforms to the expected standards of probity is one in which clear procedures that are consistent with the Council’s policies and legislation are established, understood and followed from the outset. These procedures need to consider the legitimate interests of suppliers and ensure that all potential suppliers are treated equitably. Procurement is the whole process of acquisition of external goods, services and works. This process spans the whole life cycle from initial concept through to the end of the useful life of an asset (including disposal) or the end of a service contract.

Procurement

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 69

Attachment 1

1.5 Definitions and Abbreviations

Attachment 1

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

e-Procurement

e-Procurement is integral to the overall development of procurement processes and involves the use of an electronic system/s to acquire and pay for supplies, services and works.

Corporate Social Responsibility (CSR)

Corporate Social Responsibility (CSR) is about taking positive action to demonstrate the Council’s commitment to the local community and environment on which it impacts.

Social Procurement

Social Procurement uses Procurement processes and purchasing power to generate positive social outcomes in addition to the delivery of efficient goods, services and works.

Standing Offer Arrangements (SOA)

A contract that sets out rates for goods and services which are available for the term of the agreement. However, no commitment is made under the agreement to purchase a specified value or quantity of goods or services until a Purchase Order is raised (also referred to as period contracts, annual supply contracts, schedule of rates contracts, reserved orders or panel contracts). Activities that meet the needs of the present without compromising the ability of future generations to meet their needs. The process of inviting parties to submit a quotation or tender by public advertisement, followed by evaluation of submissions and selection of a successful bidder or tenderer. An invitation for persons to submit an EOI for the provision of goods and/or services generally set in the overview of requirements contained in the document. This invitation is not an offer or a contract. A request for proposal is generally sent to the supplier market, designed to capture commercial information and pricing. Allows Council to assess suitability and evaluate responses against a set of pre defined requirements. Best Value in Procurement is about selecting the supply of goods, services and works taking into account both cost and non-cost factors including:  contribution to the advancement of the Council’s priorities;  non-cost factors such as fitness for purpose, quality, OH&S risks, environmental priorities, service and support; and  cost-related factors including whole-of-life costs and transaction costs associated with acquiring, using, holding, maintaining and disposing of the goods, services or works.

Sustainability

Tender Process

Expression of Interest (EOI)

Request for Proposal (RFP)

Best Value

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 70

3.1

Attachment 1: 2015 Procurement Policy

Attachment 1

Item: 3.1

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 71

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

Effective Legislative and Policy Compliance and Control 2.1 Ethics and Probity 2.1.1

Requirement

Council’s procurement activities shall be performed with unquestionable integrity and in a manner able to withstand the closest possible scrutiny. 2.1.2

Conduct of Councillors and Council Staff 2.1.2.1 General

Attachment 1

Councillors and Council Staff shall at all times conduct themselves in ways that are in accordance with the Councillor Code of Conduct or the Staff Code of Conduct, and are seen to be, ethical and of the highest integrity and will: 

treat potential and existing suppliers with equality and fairness;



not seek or receive personal gain;



maintain confidentiality of Commercial in Confidence information such as contract prices and other sensitive information;



present the highest standards of professionalism and probity;



deal with suppliers in an honest and impartial manner that does not allow conflicts of interest;



provide all suppliers and tenderers with the same information and equal opportunity; and



be able to account for all decisions and provide feedback on them.



Council Staff who are responsible for managing or supervising contracts are prohibited from performing any works under the contract they are supervising i.e. staff cannot also work for the supplier or contractor.



Any employee managing or spending Council funds (whether by purchase order, credit card, petty cash or any other method) is to ensure that Council’s Procurement Policy and Procedural Guidelines are adhered to.

All employees are empowered to query incidents or directions that appear to contradict ethics, probity or policies and procedures. 2.1.3

Tender Processes

All tender processes shall be conducted in accordance with the requirements of this policy and any associated procedures, relevant legislation, relevant Australian Standards and the Act.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 72

Attachment 1: 2015 Procurement Policy 2.1.4

Conflict of Interest

Councillors and Council Staff shall at all times avoid situations in which private interests conflict, or might reasonably be thought to conflict, or have the potential to conflict, with their Council duties.

3.1

Item: 3.1

The onus is on the Councillor and the member of Council Staff involved being alert to and promptly declaring an actual or potential conflict of interest to the Council. 2.1.5

Fair and Honest Dealing

All prospective contractors and suppliers must be afforded an equal opportunity to submit a tender or quotation (to the extent that the minimum required number of quotes has been obtained as per section 2.3.2.2). Impartiality must be maintained throughout the procurement process, so that it can withstand public scrutiny. The commercial interests of existing and potential suppliers must be protected. Confidentiality of information provided by existing and prospective suppliers must be maintained at all times, particularly commercially sensitive material such as, but not limited to prices, discounts, rebates, profit, manufacturing and product information. 2.1.6

Accountability and Transparency

Accountability in procurement means being able to explain and provide evidence on the process followed. The test of accountability is that an independent third party must be able to see clearly that a process has been followed and that the process is fair and reasonable. Therefore the processes by which all procurement activities are conducted will be in accordance with the Council’s Procurement policies and procedures as set out in this policy and related Council policies and procedures. Additionally: 

all Council Staff must be able to account for all Procurement decisions made over the lifecycle of all goods, services and works purchased by the Council and provide feedback on them; and



all procurement activities are to leave an audit trail for monitoring and reporting purposes.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 73

Attachment 1

Councillors and Council Staff shall not participate in any action or matter associated with the arrangement of a contract (i.e. evaluation, negotiation, recommendation, or approval), where that person has a conflict of interest as specified by the Local Government Act.

Attachment 1

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy 2.1.7

Gifts and Hospitality

As per Council’s Gifts and Hospitality Policy, a Councillor or member of Council Staff shall not, either directly or indirectly solicit or accept gifts or benefits from any member of the public who is involved, either directly or indirectly, with any matter that is connected with the duties of the officer, or in which the Council is interested. Councillors and Council Staff must exercise the utmost discretion in accepting hospitality from contractors or their representatives, or from organisations, firms or individuals with whom they have official dealings. Councillors and Council Staff should also avoid the ambiguous situation created by visiting the premises of a contractor, organisation, firm or individual uninvited and/or not on official business. Offers of bribes, commissions or other irregular approaches from organisations or individuals (no matter how flimsy the evidence available), must be promptly brought to the attention of the CEO as per Council’s Fraud and Corruption Control Plan. 2.1.8

Disclosure of Information

Information received by the Council that is Commercial in Confidence must not be disclosed. Councillors and Council Staff are to protect, by refusing to release or discuss the following: 

allocated Council budgets for proposed tenders;



information disclosed by organisations in tenders, quotation or during tender negotiations;



all information that is Commercial in Confidence; and



pre-contract information including but not limited to information provided in quotes and tenders or subsequently provided in precontract negotiations.

Councillors and Council Staff are to avoid references to current or proposed contracts in discussion with acquaintances or outside interests. Discussion with potential suppliers during tender evaluations should not go beyond the extent necessary to resolve doubt on what is being offered by that supplier. At no stage should any discussion be entered into which could have potential contractual implications prior to the contract approval process being finalized, other than authorized pre-contract negotiations.

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Attachment 1: 2015 Procurement Policy

3.1

Item: 3.1

2.2 Governance 2.2.1

Structure



establish a Procurement management responsibility structure and delegations ensuring accountability, traceability and auditability of all Procurement decisions made over the lifecycle of all goods, services and works purchased by the Council;



ensure that the Council’s Procurement structure: o is flexible enough to purchase in a timely manner the diverse range of materials, goods, works and services required by Council; o ensures that prospective contractors and suppliers are afforded an equal opportunity to tender/quote; o encourages competition; and o ensures that policies that impinge on the purchasing policies and practices are communicated and implemented.

2.2.2

Standards

The Council’s procurement activities shall be carried out to the professional standards required by best practice and in compliance with the: 

Act;



Council’s policies;



Council’s Staff Code of Conduct;



Council’s Councillor Code of Conduct;



Local Government Procurement Best Practice Guidelines;



other relevant legislative requirements such as but not limited to the Trade Practices Act, Goods Act, and the Environmental Protection Act;



relevant Australian Standards.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 75

Attachment 1

Council shall:

Attachment 1

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy 2.2.3

Methods

The Council’s standard methods for purchasing goods, services and works shall be by: 

requisition and purchase order following a quotation process from suppliers of goods and services that represent best value for money under directed quotation thresholds;



contract following a tender process and in accordance with S186 of the Act, or



using aggregated purchasing arrangements with other Councils, Victorian Government, and commercial schemes such as Procurement Australia, MAV Procurement and other bodies;



purchasing credit card;



via the petty cash and other reimbursement systems;



other arrangements authorised by the Council or the CEO on a needs basis as required by abnormal circumstances such as emergencies.

Council may, at its discretion and based on the complexity and cost of the project, conduct one stage or multi-stage tenders. Typically a multi-stage tender process will commence with a registration/expression of interest stage followed by a tender process involving the organisations selected as a consequence of the registration of interest stage. Expressions of Interest (EOI) may be appropriate where: 

the requirement is complex, difficult to define, unknown or unclear;



the requirement is capable of several technical solutions;



Council wishes to consider ahead of formal tender processes such issues as to whether those tendering possess the necessary technical, managerial and financial resources to successfully complete the project;



tendering costs are likely to be high and Council seeks to ensure that companies incapable of supplying the requirement don’t incur unnecessary expense;



it is necessary to pre-qualify suppliers and goods to meet defined standards and



the requirement is generally known but there is still considerable analysis, evaluation and clarification required (both of the objective and the solution).

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 76

Attachment 1: 2015 Procurement Policy Additionally, for highly complex projects the Council may run sequential tenders, the first to solicit solutions, the second to compete to provide the solution selected by Council. Such sequential tenders may or may not be preceded by the registration of interest phase as required by the Council based on the actual needs of the project. 2.2.4

3.1

Item: 3.1

Responsible Financial Management

Accordingly, to give effect to this principle, the availability of existing funds within an approved budget, or source of funds, shall be established prior to the commencement of any Procurement action for the supply of goods, services or works. Council Staff must not authorise the expenditure of funds in excess of their financial delegations. Council Staff must not disclose allocated tender budgets to suppliers. Council funds must be used efficiently and effectively to procure goods, services and works, and every attempt must be made to contain the costs of the procurement process without compromising any of the procurement principles set out in this Policy. Efficient and effective procurement of goods can be achieved by careful forecasting of requirements and optimising stock levels by determining the economic order quantity. 2.2.5

Reporting

Council will report annually on contracts awarded which should have been subject to a public tender process but were not. Such reporting will be included in the Annual Report and on Council’s web site.

2.3 Procurement Thresholds and Competition 2.3.1

Process

Council procurement processes are based on a number of principles:  Best Value The benefits of the purchase are weighted against the costs necessary for the optimum result for the Council and local community. The Council is not required to accept the lowest tender. Instead, the Council is required to take into account issues of quality, cost, the accessibility of the service and other factors relevant to both the overall objectives of the Local Government Act. ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 77

Attachment 1

The principle of responsible financial management shall be applied to all procurement activities.

Attachment 1

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

Best value is often mistaken for meaning the lowest price, however, in terms of the contracting process, best value requires us to balance quality and price with as much transparency as is reasonably achievable. In this context price should take into account the whole life cost of the provision as far as is practicable. It follows that the delivery of best value is dependent upon Council priorities. Achieving best value also requires challenging the need for the procurement and the way in which the service may be reconfigured to achieve improvements in service delivery, comparing service provision options against all those available, consulting with key stakeholders and ensuring competition in the open market. Achieving best value for money must be the basis of all procurement decisions within the Council.  Open and Fair Competition All suppliers are treated fairly in an open and transparent manner and have access to the same information.  Accountability The Council maintains consistency in the approach to procurement across the whole organisation through coherent frameworks, policies and procedures. Accountability in procurement means being able to explain and provide evidence on the process followed. The test of accountability is that an independent third party must be able to see clearly that a process has been followed and that the process is fair and reasonable. Therefore, the processes by which all procurement activities are conducted will be in accordance with the Council’s Procurement Policies and Procedures as set out in this policy and related, relevant Council policies and procedures. Additionally: o

All Council staff must be able to account for all procurement decisions made over the lifecycle of all goods,

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 78

Attachment 1: 2015 Procurement Policy services and works purchased by the Council and provide feedback on them; and o

3.1

Item: 3.1

All procurement activities are to provide for an audit trail for monitoring and reporting purposes.

 Risk Management Strategies for managing risks associated with all procurement processes are in place and consistent.

All Council procurement processes must be conducted in a fair, honest and open manner, with the highest levels of integrity and in the public interest. 2.3.2

Minimum Spend Competition Thresholds

Any Council procurement under the threshold must comply with the Council’s own policy and procedures. Council will from time to time decide and publish in this policy clear guidelines for minimum spend competition thresholds. These will be decided based on the size and complexity of the proposed Procurement activities. 2.3.2.1 Tenders Unless exempt, the purchase of all goods and services for which the estimated expenditure exceeds $150,000, and building and construction works for which the estimated expenditure exceeds $200,000, must be undertaken by public tender as per thresholds contained in the Local Government Act. Such expenditure value should be based on the anticipated aggregated expenditure value over the period of engagement. However, should it be considered that the nature of the requirement and the characteristics of the market are such that the public tender process would lead to a better result for the Council, public tenders may be called for purchase of goods, services and works for which the estimated expenditure is below these thresholds. 2.3.2.2 Exemption from Public Tendering Council may enter into a contract without first undertaking a public tender in some circumstances. These are: 

where Council has resolved that the contract must be entered into because of an emergency (e.g. to provide immediate response to a natural disaster);



where the contract is entered into with an agent acting on behalf of Council and has complied with the Act. The agent

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 79

Attachment 1

 Probity and Transparency

Attachment 1: 2015 Procurement Policy

Attachment 1

3.1

Item: 3.1

may be another Council or a third party agent (e.g. local government group purchasing scheme); 

where the contract is entered into accordance with arrangements approved by the Minister where Council must demonstrate to the Minister for Local Government that it is not a viable option to undertake a public tender;



where the contract is a type that has been exempted. At this time only contracts for legal services have been exempted;



novated contracts where the initial contract was entered into in compliance with the Act and, due diligence has been undertaken in respect to the new party.

2.3.2.3 Quotations Purchase of goods and services for which the estimated expenditure is less than $150,000, and building and construction works having a total valuation of less than $200,000, may be undertaken using the procurement by quotation method as described below: Items with a value $501 to $2,000. – Request for Quotation A minimum of one telephone, email or written quotation or supporting catalogue price must be obtained and the details recorded on the appropriate file. 

Items with a value $2,001 to $15,000 – Request for Quotation A minimum of two telephone or preferably email/written quotations must be obtained and the details recorded on the appropriate file.



Items with a value $15,001 to $100,000 – Request for Quotation A minimum of three email/written quotations must be obtained and the details recorded on the appropriate file.



Items with a value $100,001 to < $150,000 (Goods & Services)and <$200,000 (Building & Construction Works) – Request for Quotation A minimum of three written quotations must be obtained via a formal Request for Quotation document with Contract No. allocated and a set Closing Date (incorporating Conditions of Quotation, Conditions of Contract, and a detailed Specification / Brief), and the details recorded and retained on the appropriate file.

All prospective contractors and suppliers must be afforded an equal opportunity to submit a tender or quotation (to the extent that the minimum required number of quotes has been obtained.

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Attachment 1: 2015 Procurement Policy Orders must be placed with the supplier offering the best value for money price for acceptable goods or services.

3.1

Item: 3.1

Public Advertising Request for quotations may be advertised in the media at the Council Staff memberâ&#x20AC;&#x2122;s discretion. This may occur when a field of potential tenderers hasnâ&#x20AC;&#x2122;t been established, or an innovative approach is required, or the project has broad appeal that may attract keen prices, etc.

The situation may arise where insufficient quotations are received to satisfy the above requirements. This may occasionally occur where there are few suppliers for the goods, services or works being sought or the work is highly specialised. In this case, the details of the contacted suppliers must be recorded and an appropriate comment recorded. Where a quotation/price has been obtained from a supplier under a Standing Offer Arrangement or under an aggregated purchasing arrangement, then it is optional whether to seek other quotations, as the purchase has already been subjected to a public tendering process.

2.4 Delegation of Authority 2.4.1

Requirement

Delegations define the limitations within which Council Staff are permitted to work. Delegation of procurement authority allows specified Council Staff to undertake certain purchases, quotation, tender and contractual processes without prior referral to the Council. This enables the Council to conduct procurement activities in an efficient and timely manner whilst maintaining transparency and integrity. Procurement delegations ensure accountability and provide confidence to Council and the public that purchasing activities are dealt with at the appropriate level. As such, Council has delegated responsibilities as detailed below relating to the expenditure of funds for the purchase of goods, services and works, the acceptance of quotes and tenders and for Contract Management activities.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 81

Attachment 1

Insufficient Quotations

Attachment 1: 2015 Procurement Policy

3.1

Item: 3.1 2.4.2

Delegations 2.4.2.1 Council Staff

Attachment 1

The Council shall maintain a documented scheme of Procurement Delegations, identifying Council Staff/positions/bandings authorised to make such procurement commitments in respect of goods, services and works on behalf of Council, to include but not necessarily limited to the following delegations contained in Council’s Instrument of Delegation and Instrument of SubDelegation as issued by the Chief Executive Officer: 

Authorise expenditure (including invoices) and award contracts (based on anticipated expenditure level);



Contract term extensions and variations (within authorised budget);



Sign Letters of Acceptance on behalf of Council to enter into contracts;



Sign and issue Council Purchase Orders;



Credit Card purchases.

2.4.2.2 Council Delegations & Powers Commitments and processes which exceed the CEO’s delegation and which must be approved by the Council are: 

tender recommendations (above the CEO delegated limit);



initial awarding, signing and sealing of contract documents (above the CEO delegated limit);



contract term extensions (above the CEO delegated limit) not covered by the initial Council Report.

2.4.2.3 Training All Council Officers holding delegation will be provided with appropriate training / information on the exercise of their delegation.

2.5 Internal Controls Management will install and maintain a framework of internal controls over procurement processes that will endeavour to ensure: 

that more than one person is involved in and responsible for a transaction end to end;



transparency in the procurement process;



a clearly documented audit trail exists for procurement activities;



appropriate authorisations are obtained and documented;

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Attachment 1: 2015 Procurement Policy 

systems are in place for appropriate monitoring and performance measurement; and



members of staff, regardless of their expenditure delegation cannot approve expenditure where they are the beneficiary of the services provided.

3.1

Item: 3.1

2.6 Commercial Information Procurement activities will be carried out in a way that supports Council staff in meeting their obligations - to ensure information of a commercially sensitive or confidential nature is obtained, stored, processed, published (where applicable) in an appropriate manner in accordance with the relevant Council guidelines.

2.7.1

General

Risk Management is to be appropriately applied at all stages of Procurement activities which will be properly planned and carried out in a manner that will protect and enhance the Council’s capability to prevent, withstand and recover from interruption to the supply of goods services and works and, to mitigate Council’s exposure to the risks associated with the procurement activity. Procurement risk factors include, but are not limited to, fraud, waste, abuse, vendor performance, contract security, poor specification of need, public relations and administrative burden. All staff have a responsibility to manage risk associated with procurement as documented in Council’s Procurement and Contract Management Guidelines. 2.7.2

Supply by Contract

The procurement of goods, services and works by contract potentially exposes the Council to risk. The Council will minimise its risk exposure by measures such as: 

standardising contracts to include current, relevant clauses and specific requirements (such as relevant insurances, Job Safety & Environmental Analysis’, preference for suppliers with accredited management systems, etc.);



requiring security deposits where appropriate;



ensuring specifications include: o

contract objectives;

scope;

location of services or works;

statement of requirements;

outputs; ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 83

Attachment 1

2.7 Risk Management

Attachment 1: 2015 Procurement Policy

Attachment 1

3.1

Item: 3.1 o

performance measures;

targets;

management of contract; and

quality requirements.



Council Officers preparing Specifications / Briefs are appropriately trained or, referring Specifications / Briefs to relevant experts;



requiring contractual agreement before allowing the commencement of work;



use of or reference to relevant Australian Standards (or equivalent); and



effectively managing the contract including monitoring and enforcing performance.

2.7.3

Asset Protection

Council safeguards its portable and attractive assets, where appropriate by: 

securing in a restricted area;



restricting access to appropriate staff; and



recording movements of the assets via a booking system.

2.8 Contract Terms All contractual relationships (either under Purchase Order or Contract) must be documented in writing based on standard terms and conditions. Where this is not possible, approval must be obtained from an appropriate/authorised member of Council Staff. A request for such an approval should be supported with procurement and legal advice as relevant. To protect the best interests of Council, terms and conditions must be settled in advance of any commitment being made with a supplier.

2.9 Endorsement Council Staff must not commercially endorse any products or services. Individual requests received for endorsement must be referred to Director Level or above.

2.10

Dispute Resolution

All Council contracts shall incorporate dispute management and alternative dispute resolution provisions to minimise the chance of disputes getting out of hand and leading to legal action.

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Attachment 1: 2015 Procurement Policy

2.11

Category Management

3.1

Item: 3.1

The Council has a Category Management approach to procurement which brings together expertise from across the Council to identify the most appropriate and effective approach to deliver the Council’s outcomes through sourcing and supply arrangements.

2.12

Contract Management

The purpose of contract management is to ensure that Council, and where applicable its clients, receive the goods, services or works provided to the required standards of quality, quantity and timeliness as intended by the contract by: 

establishing a system for monitoring and achieving the responsibilities and obligations for both parties under the contract; and



providing a means for the early recognition of issues and performance problems and the identification of solutions; and



adhering to Council’s Risk Management framework and to relevant Occupational Health and Safety compliance procedures.

All Council contracts are to include contract management requirements. Furthermore, contracts are to be proactively managed and documented by a qualified/trained member of Council staff or external Contract Superintendent, responsible for the delivery of the contracted goods, services or works to ensure the Council receives best value for money. All attempts will be made to ensure staff have the necessary qualifications and training to manage the contract effectively.

2.13

e-Procurement

e-Procurement is integral to the overall development of procurement processes and involves the use of an electronic system/s to acquire and pay for supplies, services and works. By utilising e-procurement the Council aims to:  reduce transaction costs;  achieve greater leverage;  make processes more efficient;  improve management information and visibility of spend; ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 85

Attachment 1

The main objective of category management is to reach a point where all or a very high percentage of the Council’s spend within a category is being channelled through approved arrangements, aligned with strategic priorities such that value is maximised on every dollar of expenditure.

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

 increase control and consistency of processes; and  improve spend compliance.

Demonstrate Sustained Value 3.1 Integration with Council Strategy

Attachment 1

The Council procurement strategy shall support its corporate strategy, objectives and key priorities as per the City Plan, including but not limited to those related to sustainability, protection of the environment, corporate social responsibility and meeting the needs of the local community such as: 

feeling safe;



living in a clean and pleasant environment, and



receiving good quality well managed Council services that are best value for money.

3.2 Achieving Best Value 3.2.1

Requirement

Council’s procurement activities will be carried out primarily on the basis of obtaining Best Value. This means minimising the total cost of ownership over the lifetime of the requirement consistent with acceptable quality, reliability and delivery considerations. Lowest price is not the sole determinant of best value. 3.2.2

Approach

This will be facilitated by: 

developing, implementing and managing procurement strategies that support the co-ordination and streamlining of activities throughout the life cycle;



effective use of competition;



identifying supplier aggregate spend over a rolling 3 year period so as to enable Council to proceed to entering into aggregated contracts for the services provided;



using aggregated contracts and Standing Offer Arrangements (SOA) where appropriate;



identifying and rectifying inefficiencies in procurement processes;



developing a cost efficient tender process including appropriate use of e-Tendering solutions;

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Attachment 1: 2015 Procurement Policy 

Council staff responsible for providing procurement services or assistance within the Council providing competent advice in terms of available products and agreements; and



working with suppliers to create relationships that are professional and productive, and are appropriate to the value and importance of the goods, services and works being acquired.

3.2.3

3.1

Item: 3.1

Role of Specifications / Briefs & Drawings



ensures impartiality and objectivity;



clearly defines the Council’s requirements;



encourages the use of standard products;



encourages sustainability; and



eliminates unnecessarily stringent requirements.

3.3 Performance Measure and Continuous Improvement Appropriate performance measures are to be established and reporting systems will be used to monitor performance and compliance with procurement policies, procedures and controls. Procurement procedures, practices and costs will be benchmarked externally where practical. Internal service standards will be agreed within the Council and performance against these targets will be measured and reviewed regularly to support continuous improvement. The performance measurements developed will be used to: 

Highlight trend and exceptions where necessary to enhance performance;



Improve the internal efficiency of the procurement process and where relevant the performance of suppliers; and



Facilitate programmes to drive improvement in procurement to eliminate waste and inefficiencies across key spend categories.

3.4 Corporate Social Responsibility Corporate Social Responsibility (CSR) is about taking positive action to demonstrate the Council’s commitment to the local community and environment on which it impacts. This means the Council maximising the benefits of the services they provide across the community and minimising the negative aspects of their activities. The Council integrates CSR into its organisational policies and practices through social procurement, sustainability and diversity. ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 87

Attachment 1

Specifications / Briefs & drawings used in quotations, tenders and contracts are to support and contribute to the Council’s Best Value objectives through being written in a manner that:

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

3.4.1

Social Procurement

Social Procurement generates positive outcomes by building on initiatives already undertaken by the Council in enhancing sustainable and strategic procurement practice, further enabling procurement to effectively contribute towards building stronger communities and meeting the social objectives of the Council.

Attachment 1

The Council is committed to Social Procurement by:  ensuring all procurement practices are sustainable and strategically aligned with the wider Council objectives.  achieving best value across the community through the use of effective procurement.  ensuring all businesses have the same opportunity to tender for Council contracts.  enhancing partnerships with other Councils, suppliers and community stakeholders.  building and maintaining a strong community by exploring ways to generate local employment (particularly among disadvantaged residents) and further strengthening the local economy.  In individual circumstances considering purchasing ethical and fair trade goods to support equitable, local, national and international trade.

3.5 Sustainability 3.5.1

General

Council is committed to achieving sustainability and ensuring it monitors and reports on Council activities and programs that have an impact on or contribute to the environment including but not limited to: 

waste management;



recycling;



energy management;



emission management;



water conservation;



green building design; and



procurement.

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Attachment 1: 2015 Procurement Policy 3.5.2

Sustainable Procurement

Council is committed to adopting a Green Procurement approach by supporting the principles of sustainable procurement within the context of purchasing on a value for money basis. Council has Environmental Purchasing Guidelines that assist with the acquisition of sustainable products.

3.1

Item: 3.1

In accordance with Council’s Environmental Purchasing Guidelines Council will therefore consider the following environmentally sustainability criteria in context with the above: 

Reduce, Reuse, and Recycle Council is committed to reduce resources, consumption and minimise waste during the procurement life cycle, including: o Council shall encourage and prefer Eco-friendly products which are more energy efficient; o Council prefers to purchase environmentally friendly products;

from

sources

which

offer

o Council’s procurement projects should automatically consider the provision of re-use and recycling as part of the project planning process, including the consideration of whole-life costs and disposal considerations. 

Buy Recycled: The Council is committed to buy recycled/part recycled products where practical to optimise consumption and stimulate demand for recycled products, promoting the collection and reprocessing of waste and working towards zero discharge to the landfill.



Green the Supply Chain: Council shall encourage Council suppliers to adopt good environmental practices. Council will actively promote green procurement throughout its supply chain and ensure that the evaluation/selection process is cognizant of the need to minimize environmental impact.

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Attachment 1

Value for money purchasing decisions made by Council are made on the basis of whole-of-life cost and non-cost factors, including contribution to the Council’s sustainability objectives. Council prefers to purchase environmentally preferred products whenever they achieve the same function and value for money outcomes.

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

3.6 Support of Local Business Subject to purchases being justified on quality and cost effective grounds, Council is committed to: 

buying from local business; and



give preference wherever practicable to purchase goods, machinery or material manufactured or produced in Australia or New Zealand as required under the Act.

Attachment 1

3.7 Diversity Promoting equality through procurement can improve competition, best value, the quality of public services, satisfaction among users, and community relations. It should be a consideration in every procurement project and reflect corporate commitment to diversity and equal opportunities wherever possible.

Apply a Consistent and Standard Approach

Council will provide effective and efficient commercial arrangements for the procurement of goods and services.

4.1 Standard Processes Council will provide effective commercial arrangements covering standard products and standard service provisions across the Council via a Preferred Supplier List to enable employees to source requirements in an efficient manner. This will be achieved by establishing the following: 

pricing where relevant;



processes, Procedures and techniques;



tools and business systems (e.g. implementing the appropriate e-Tendering, e-Evaluation, e-Catalogue or e-Sourcing arrangements );



reporting requirements;



application of standard contract terms and conditions.

4.2 Performance Indicators A list of performance indicators will be used to measure procurement performance and initiatives. They will include criteria such as:  the proportion of spend against corporate contracts;  user and supplier satisfaction levels; and  knowledge and skill of council employees in procurement policies.  Measuring the success of procurement activities.

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Attachment 1: 2015 Procurement Policy

4.3 Management Information Council will capture Procurement management information in a variety of areas, such as: 

volume of spend;



number of transactions per supplier;



supplier performance and user satisfaction; and



category management (grouping of purchases by spend categories).

3.1

Item: 3.1



benchmarking data;



information from professional bodies; and



supplier reports.

Build and Maintain Supply Relationships

Council recognises that in order to achieve sustainable value, a strategic assessment of the appropriate ‘channel to market’ should be undertaken - whether to go the market on its own, participate in regional or sector reporting projects, to access State Government panel agreements, or other means. Council will consider supply arrangements that deliver the best value outcomes for council in terms of time, cost, value and outcome.

5.1 Developing and Managing Suppliers Council recognises the importance of effective and open working relationships with its suppliers, and is committed to the following: 

managing existing suppliers, via the appropriate development programmes and performance measurements to ensure the benefits are delivered;



maintaining approved/preferred supplier lists; and



developing new suppliers and improving the capability of existing suppliers where appropriate.

5.2 Supply Market Development A wide range of suppliers are encouraged to compete for Council work. The focus for new work need not always be with the larger more familiar businesses. Other types of organisations offering business diversity include: 

local businesses;



green (environmentally sustainable) suppliers;



small to medium sized enterprises (SME’s);



voluntary and community organisations.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 91

Attachment 1

Council will also use external sources of management information to assist with the procurement decision making process including:

3.1

Item: 3.1

Attachment 1: 2015 Procurement Policy

5.3 Relationship Management Council is committed to developing constructive long-term relationships with suppliers. It is important that the Council identifies its key suppliers so that its efforts are focused to best effect. Such areas may include: 

size of spend across the Council;



criticality of goods / services to the delivery of the Council’s services;



availability of substitutes;



market share and strategic share of suppliers.

Attachment 1

5.4 Communication External communication is very important in ensuring a healthy interest from potential suppliers and partners to the Council. The external website will provide:



a list of existing and forthcoming contract opportunities;



guidelines for tendering and doing business with Council;



links to tender documentation available to prospective suppliers to download free of charge; and



Council’s current Procurement Policy.

Continual Improvement

Council is committed to continuous improvement and will review the procurement policy on an annual basis, to ensure that it continues to meet its wider strategic objectives.

Charter of Human Rights

Council will ensure that all its procurement operations are fully consistent with prescribed rights and responsibilities and that they respect the 20 fundamental rights within the Victorian Charter of Human Rights and Responsibilities Act 2006. In accordance with section 28 of the Charter of Human Rights, Banyule’s Procurement Policy has been assessed as being compatible with the human rights protected in the Charter. This assessment is based on a Statement of Compatibility (Appendix 1) of the human rights protected in the Charter that are relevant to the Policy.

Policy Contact Details

The Manager, Finance and Procurement, Banyule City Council is the contact for this Policy. For further information on the policy, please contact via email: enquiries@banyule.vic.gov.au or phone 9490 4222.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 92

Item: 3.1

Attachment 1: 2015 Procurement Policy

3.1

HUMAN RIGHTS CHARTER – ASSESSMENT OF COMPATIBILITY In accordance with section 28 of the Charter of Human Rights and Responsibilities, this statement of compatibility is made with respect to Banyule City Council’s Procurement Policy. The Banyule City Council’s Procurement Policy is compatible with the human rights protected by the Charter. Objectives As required under S186 of the Victorian Local Government Act, Council must review and amend and have such amendments to the Procurement Policy approved annually. The Procurement Policy must be available for public inspection at the Council office and on Council’s Internet website.

What human rights are impacted? List each right - refer

Will any person feel their rights are limited and why? Refer to 'Limiting Rights’

What are the interests you have to balance?

Is the limitation reasonable? Against each

to Appendix A – Your Rights Explained for a detailed explanation of rights.

on page 2 of the Human Rights Guidelines for advice.

List any other interests of the community that need to be considered.

right limited, state why the limitation is reasonable.

Freedom of movement, expression, assembly and association

Yes, Council requires tender submissions to be lodged electronically and does not accept hard copy submissions

Nil.

Limitation is reasonable.

A fair hearing

No, Council policy states that all procurement activities should be undertaken ethically and with integrity and that all prospective contractors be afforded an equal opportunity.

Nil.

Protection of and reputation

No. Council policy requires that commercially sensitive information is not disclosed and that such information is maintained accordingly.

Nil.

privacy

What practical solutions are available to reduce the limitation? If a limited right is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

Majority of the population has direct access to computers and internet. Failing this it is assumed that tenderers will have access through friends or relatives.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 93

Attachment 1

Human Rights Assessment

3.1

Item: 3.1

Summary of Amendments to Procurement Policy Item Commitment to long term planning, best value, transparency, risk management and compliance.

Attachment 2

Attachment 2: Summary of Amendments to Policy

Commitment to Social Procurement and Corporate Social Responsibility

Page No. 5-6

14-16 23

24 25 eProcurement

22 Spend Thresholds

16 17-18

Reference

Source

Comment

1.1 – Background Various dot points:  Take a long term…  Provide a robust….  Ensure that risk…..  Use strategic…  Comply with legislation… 2.3.1 Process 3.2.1 Lowest price… 1.1 – Background Dot Point:  Use social procurement…. 1.5 – Definitions Corporate Social Responsibility (CSR) Social Procurement 3.4 – Corporate Social Responsibility 3.4.1 – Social Procurement 1.5 – Definitions & Abbreviations  e-Procurement 2.13 – eProcurement 2.3.2 – Minimum Spend Competition Thresholds 2.3.2.3 - Quotations

MAV Model Procurement Policy (Updated) Aug 2011

Incorporates best practice financial, probity, risk and compliance values.

Category Management

2.11 – Category Management

Contract Management

2.12 – Contract Management

VLG Best Practice Procurement Guidelines 2013

MAV Model Procurement Policy (Updated) Aug 2011

MAV Model Procurement Policy (Updated) Aug 2011 Legislative requirement that all spends > $150k for goods & services and $200k for construction must be procured using a tender process. All others set by Council. MAV Model Procurement Policy (Updated) Aug 2011

MAV Model Procurement Policy

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 94

To acknowledge Council use of etendering and other online processes. Identifies that Council will review its minimum spend thresholds annually. For discussion – should these lower thresholds be increased?

Refers to management of spend which may be disseminated across different areas of Council. E.g. external printing. Method for obtaining best value should consider aggregated spend. Identifies that Council will

Performance Management of Procurement Process Commitment to Diversity

Page No.

Reference

Source

Comment

Last para. – last line – All attempts will be made to ensure….

(Updated) Aug 2011

4.2 – Performance Indicators

MAV Model Procurement Policy (Updated) Aug 2011

endeavour to ensure staff have the necessary qualifications and training to manage contracts effectively. Is this the case? Are these measures achievable?

3.7 – Diversity

MAV Model Procurement Policy (Updated) Aug 2011

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 95

3.1

Item

Attachment 2: Summary of Amendments to Policy

Attachment 2

Item: 3.1

4.1

Item: 4.1

Attachment 1: Banyule Council Submission

XX August 2015

Attachment 1

Tim Smith Executive Director Heritage Victoria 1 Spring Street MELBOURNE 3001

Dear Mr Smith REVIEW OF THE VICTORIAN HERITAGE ACT 1995

Thank you for giving the City of Banyule this opportunity to comment on the Review of the Victorian Heritage Act 1995. Council welcomes this timely review of the Heritage Act and the opportunity to improve the processes and protection currently given to Victoria’s heritage. The draft proposals outlined in the Discussion Paper are a positive step to achieving this. Of particular note are the changes to the permit process which will ensure the views of local governments are taken into account. This includes introducing a “stop the clock” mechanism for permit applications and providing a greater role for local government in permit processes. Reducing the ‘double handling’ of subdivision applications is another welcome streamlining initiative and will also reduce costs for applicants. Such changes will also improve the nexus between local and State heritage decisions. It is important that the Heritage Act keeps pace with changes to how heritage is understood and managed. For instance, the capacity of the Act to provide for cultural landscapes is limited. This review is an opportunity to address any legislative gap to how heritage areas are assessed and designated as being of State significance. The proposal for specific assessment criteria is strongly supported by Banyule as this will ensure clarity and consistency between local and State government, community and heritage consultants when considering the significance of cultural landscapes or heritage precincts. The current registration and nomination processes in place for the Victorian Heritage Register can be protracted and complex so the plan to simplify and streamline these stages is welcomed. Introducing a single registration process with prescribed timeframes will be effective in reducing excessive delays in responding to a nomination, however, this change will bring the need for better resourcing of Heritage Victoria.

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 96

Attachment 1: Banyule Council Submission

In relation to the Executive Director having the discretion to reject a nomination, it is important that this not become a tool to reduce the administrative burden of excessive nominations on Heritage Victoria at the expense of a fair and consistent consideration of all nominations. If a nomination is rejected outright then the submitter should receive a reason for this decision.

4.1

Item: 4.1

If you have any further queries please telephone me on (03) 9457 9827.

Yours sincerely

DAVID COX Coordinator Strategic Planning

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 97

Attachment 1

Overall, Banyule Council welcomes the Review and initial proposals put forward by Heritage Victoria.

Attachment 1: Banksia Consultation Frequently Asked Questions

Attachment 1

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 98

4.2

Attachment 1: Banksia Consultation Frequently Asked Questions

Attachment 1

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 99

Attachment 2: Banksia Community Stadium: Feedback Summary

Stakeholder Bellfield Residents’ Action Group

Bellfield Residents’ Action Group

Comment No value in retaining existing stadium buildings. Agree with Council demolishing the existing stadium. Question whether the current site is the most appropriate location for the Stadium development. Not against the development but wants to know if a study on alternative locations was completed. If not can there be one completed?

Bellfield Residents’ Action Group

Is neighbouring Darebin Council duplicating the stadium project by also proposing to build courts in Darebin?

Resident

Will the proposed stadium have any multi-purpose or other community use features? The Hoop Dreams group has members who attended the school before it was closed and want a stadium on the site.

Hoop Dreams

Member of St John’s Tennis Club Member of St John’s Tennis Club

Support knocking down the existing structure as long as courts are built on site. Desperately need new high-ball courts, but should include a crèche to encourage use during the day. Happy for the current stadium buildings to be demolished as keeping them is a waste.

4.2

Banksia Community Stadium: Community Feedback Summary Council response Comments will be reported to Council as part of the report being prepared for its consideration of the matter.

One of the original aims of buying the three former school sites was to own the Banksia Stadium given its importance as a community asset. Although refurbishing the existing buildings/courts does not appear to be the way forward, the site still provides an appropriate and historical location for a new stadium facility. There is limited land in the local area that would be suitable for a stadium precinct and Council’s data supports a need for a stadium. One of the original aims of buying the former school sites was to get community ownership of the stadium and Council has committed $7m to developing this community stadium. A study was completed regarding the stadium development, this did not include investigating others sites. Council believes its data supports the need for additional courts, both locally and regionally. Current needs and future growth projections relating to highball sports (e.g.: Basketball/netball) demonstrate the need for the stadium within Banyule. Yes, the current plan shows opportunities for community space within the facility that can be used for a wide range of activities. One of the original aims of buying the three former school sites was to get ownership of the Banksia Stadium as a community asset. Refurbishing the existing buildings is not the way forward, and the Bellfield site provides a historic and appropriate location for a new stadium. Comments will be reported to Council as part of its consideration of the proposed demolition. This suggestion is noted and will be further considered as part of the stadium project. Comments will be reported to Council as part of its consideration of the matter.

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Attachment 3: Banksia Community Stadium: Submission Summary

Banksia Community Stadium: Submission Summary Stakeholder Bellfield Residents’ Action Group (BRAG)

Comment BRAG wishes to lodge the following submission on the matters canvassed at the consultation session on 22 July 2015.

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 If it is correct that the current court building is unsafe and unsalvageable then demolition should occur.  However in light of the large number of community facilities located in Bellfield for the benefit of persons who are not residents of Bellfield and the small number of facilities within Bellfield for the benefit of residents of Bellfield, BRAG is not supportive of the development of a stadium on the site in the absence of a comprehensive evaluative study of potential sites in Banyule to assist with determining the optimal location of such a facility within the municipality.

Council response A BRAG representative has have been included in the active Banksia Community Reference Group (CRG). BRAG will be regularly updated on the proposed stadium and all developments. BRAG will be contacted in regards to the precinct master plan once a full scope for the project is finalised.

 BRAG also requests that a governance structure for the devising of the Bellfield Masterplan be established which includes a community reference group.

Reopen or Schools (ROS)

 BRAG further requests that Council take appropriate steps to inform itself and be involved in the consultation reference group being established by the State government in relation to its education provisioning study for 3081 to ensure proper consideration of that process and its outcomes within the Bellfield Masterplan. Reopen our schools (ROS) is writing this brief submission for inclusion in the Banksia Basketball Stadium Development and we make the following points:  Given ROS has been advocating for the local community in Bellfield for 2

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Contact has been made with ROS to detail the difference in both projects. ROS will be contacted in regards to the precinct master plan once a full scope for the project is finalised.

years to have proper education provisioning, it is disappointing that Council didn't seek to include advocacy from this group;  The provision plan process will be completed by the end of the year, and it appears that Council is acting with some haste to complete the redevelopment without proper consideration of the areas educational needs, which will be proven once the outcome of the provision study is concluded. We say this because we know and are across anecdotal evidence which will be supported by the study;  ROS would submit that Council should work with the Government to ensure that a facility is built as a shared facility with a school which would ensure that the whole community would win. A school which had well supported and funded sporting facilities that could be shared by the local and wider community would be a win/win situation.  We would also support further developments of field based sports in Ford Park rather than earmarking this site for any redevelopment for housing. Ford Park is not and should not ever be for sale!  Green open space is at a premium. With the availability of Ford park being so close to a potential school site, a school on the Banksia site could avail itself to using Ford park for field based sports which would add to the availability of subject choice around sporting curriculum. This would add to local attractiveness for enrolments at the school as well and potentially across Banyule.  Reopen Our Schools also requests to be on the Community Reference Group for the Banksia Site Redevelopment. Our petition now has 405 signatories ORDINARY MEETING OF COUNCIL ON 17 AUGUST 2015 Page 103

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Attachment 3: Banksia Community Stadium: Submission Summary

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Attachment 3: Banksia Community Stadium: Submission Summary

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requesting that the State Government Reopen public schools. The local community are demanding proper education provisioning in the area. Ivanhoe West Netball Club & Yarra Valley Hockey Clubs

As a club representative of Yarra Valley Hockey Club and West Ivanhoe Sporting (Netball) Club we wish to be part of the Banksia Stadium Consultation Group.

Attachment 3

 The Yarra Valley Hockey Club is in need of an indoor venue.  West Ivanhoe Netball Sporting Club would also like to have equal rights as the Ivanhoe Netball Group.  As the President of the Ivanhoe Primary School Council, I would like to suggest that the Schools in the area use the facility for inter school sports programs.

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Contact has been made with this submitter to detail the difference in both projects. The submitter is more interested in the Bellfield Masterplan Process than the Community Reference Group for Banksia Community Stadium. The submitter will be contacted in regards to the precinct master plan once a full scope for the project is finalised.

Attachment 1: Attachment 1 - Planning Controls

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ATTACHMENT 1 PLANNING CONTROLS Zone:

Commercial 1 Zone (C1Z)

Overlays: Vegetation Protection Overlay (VPO3)

Clause 34.01 – Commercial 1 Zone (C1Z) The purpose of this zone is:  To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.  To provide for residential uses at densities complementary to the role and scale of the commercial centre. Planning approval is required for buildings and works within this zone. A permit is also required for the proposed use of the land for dwellings. Clause 42.02 - Vegetation Protection Overlay (VPO3) The purpose of this overlay is:  To protect areas of significant vegetation.  To ensure that development minimises loss of vegetation.  To preserve existing trees and other vegetation.  To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance.  To maintain and enhance habitat and habitat corridors for indigenous fauna.  To encourage the regeneration of native vegetation.

Statement of nature and significance of vegetation to be protected The City of Banyule Neighbourhood Character Strategy identifies the importance of vegetation to the character of an area. Trees are important to the urban environment for many reasons. Trees provide visual relief from the built form, have value as landmarks and along ridgelines and can serve to hide buildings that may not otherwise contribute positively to the streetscape. Trees also provide habitats for birds and other wildlife, provide shade,

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Design and Development Overlay (DDO11)

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assist energy efficient building design and provide broader environmental benefits to the air quality of urban areas in particular. In this area of Banyule, vegetation, particularly the tall trees, is considered to be an integral part of the character of the area that is appreciated by residents and visitors. The area is predominantly residential in use, and abuts the Yarra River valley and wildlife corridor, although additional local habitat links extend in to and through residential neighbourhoods. The density and maturity of the tree cover results in vegetation dominating long distance views to and from the area, and frequently dominating streetscapes and obscuring views of individual buildings. Street trees contribute to this character, and should be retained and enhanced through planting programs. However, trees on private property are equally important to the overall character significance of the area, and accordingly maintenance of the dominance of the vegetation in the area is of importance. Clause 43.02 – Design and Development Overlay (DDO11) The Design and Development Overlay (Schedule 11) is the implementation of the Structure Plan for the Ivanhoe Activity Centre. It sets out design objectives, setbacks standards and maximum heights for various precincts within the Activity Centre. STATE PLANNING POLICY Activity Centres Clause 11.01 relates to activity centres with the objectives: • To build up activity centres as the focus for high-quality development, activity and living for the whole community by developing a network of activity centres. • To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community. More specifically, Clause 11.04-2 sets out the Activity Centre Hierarchy and sets out specific directives for Principal and Major Activity Centres. Natural Resource Management Clause 14 relates to Natural Resource Management and in particular, water conservation with the objective: • To ensure that water resources are managed in a sustainable way Built Environment and Heritage Clause 15 states that planning should achieve high quality urban design and architecture that: • Contributes positively to local urban character and sense of place. • Reflects the particular characteristics, aspirations and cultural identity of the community. • Enhances liveability, diversity, amenity and safety of the public realm. • Promotes attractiveness of towns and cities within broader strategic contexts. • Minimises detrimental impact on neighbouring properties.

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Item: 4.3 Urban Design Principles

Clause 15.01-2 outlines that responsible authorities should require that all permit applications for residential development of four or more storeys include an urban context report and design response explaining how the design responds to the existing urban context and preferred future development of the area which has been received with the application. The clause also sets out design principles to development proposals for nonresidential development or residential development not covered by Clause 54, Clause 55 or Clause 56.

The stated objective of Clause 15.01-4 is: • To improve community safety and encourage neighbourhood design that makes people feel safe Cultural Identity and Neighbourhood Character The stated objective of Clause 15.01-5 is: • To recognise and protect cultural identity, neighbourhood character and sense of place. Sustainable Development Clause 15.02-1 relates to energy and resource efficiency with the objective: • To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Residential Development Clause 16.01 sets out objectives in relation to integrated housing, location of residential development, strategic redevelopment sites, housing diversity and housing affordability. Economic Development Clauses 17.01 relates to 'Business' with the objective: • To encourage developments which meet community’s needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Transport Clause 18.01 sets out the objective for integrated transport and land use planning: • To create a safe and sustainable transport system by integrating transport. Clause 18.02 sets out objectives in relation to sustainable personal cycling which are: • To promote the use of sustainable transport • To integrate planning for cycling with land use and development encourage as alternative modes of travel.

and transport land-use and transport and

planning and

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Design for Safety

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Municipal Strategic Statement Council’s Municipal Strategic Statement sets the direction for land use and development in Banyule by identifying key planning elements for consideration and nominating a series of objectives and strategies for each. The overarching vision of the municipality is:

Attachment 1

“Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council”. The relevant objectives encompass Environmental Management, Economic Development and Community Development and Support. There are five key elements within the strategy to achieve the vision and objectives. The relevant elements to this application are ‘Land Use’ (housing and commercial), ‘Built Environment’ and ‘Transport’. Each element contains key issues, objectives and strategies. A response to the relevant elements is provided within the technical consideration of this report. Clause 21.08 Local Places Clause 21.08-3 sets out the precinct visions, objectives and strategies for the Ivanhoe Major Activity Centre. The overview states: Ivanhoe Activity Centre is located 9km north-east of the Melbourne Central Activities District. The area is defined by its topography and the curving, undulating nature of Lower Heidelberg Road and Upper Heidelberg Road. It is home to inviting shops, distinctive views, a flagship Town Hall on the top of the hill and a skyline of steeples, towers and trees. Ivanhoe is a sought after as a place to live due to its character, natural beauty and proximity to the city and services. Some property owners have subdivided their blocks leading to an increase in the number of new residents living in multi-unit dwellings. Greater housing choices such as one and two bedroom dwellings are sought, particularly in and around the commercial heart of Ivanhoe. Identified in the Metropolitan Strategy as an Activity Centre, Ivanhoe is central to Banyule’s plans to direct change to key Activity Areas to allow for growth in housing, commercial activity and community facilities. Precincts Seven distinct development precincts have been identified within the Ivanhoe Activity Centre (see Map 1 Ivanhoe Framework Plan for precinct boundaries). Clause 22.03 Safer Design Policy Council’s Safer Design Policy applies to all land in Banyule, and seeks to minimise crime and maximise actual and perceived safety. The policy relates to both the development of land, and its use. The Banyule Safer Design Guide is a policy reference, and provides assistance in assessing the response of a proposal to safety issues. Clause 52.06 – Car Parking To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect

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the amenity of the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

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Before:  a new use commences; or  the floor area or site area of an existing use is increased; or

the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay must be provided to the satisfaction of the responsible authority in one or more of the following ways:  on the land; or  in accordance with a permit issued under Clause 52.06-3; or  in accordance with a financial contribution requirement specified in a schedule to the Parking Overlay. Clause 52.34 – Bicycle Facilities Purpose To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. Provision of bicycle facilities A new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land. Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities only applies to the increased floor area of the use. FORMER PLANNING CONTROLS The following is a summary of the planning controls that applied to the proposal at the time of the original planning application. Zoning:

Business 1 Zone

Overlays: Design and Development Overlay (Schedule 7) Vegetation Protection Overlay (Schedule 3)

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Attachment 1

 an existing use is increased by the measure specified in Column C of Table 1 in Clause 52.065 for that use,

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Relevant policies:

Clause 12 – Metropolitan development

Clause 15.05 – Noise Abatement Clause 15.12 – Energy Efficiency Clause 17.02 – Activity Centres Clause 18.02 – Car Parking and Public Transport Access Clause 18.03 – Bicycle Transport

Attachment 1

Clause 19.03 – Design and Built Form Clause 22.05 – Business Plans policy Clause 22.06 – Housing policy

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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Attachment 1: Service Level Agreement

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