2015 09 07 agenda ordinary meeting

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 7 September 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

Confirmation of Minutes Ordinary Meeting of Council held 17 August 2015 Disclosure of Interests 1. Petitions 1.1 Petition regarding concerns for the proposed apartment development at 112 Waterdale Road, Ivanhoe - P1343/2014 ................................. 3 REPORTS: 2. People – Community Strengthening and Support 2.1 Improvements to Burgundy Street, Heidelberg........................................................ 5 3. Planet – Environmental Sustainability Nil 4. Place – Sustainable Amenity and Built Environment 4.1 Banyule Economic Development Plan .................................................................. 13 4.2 Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment .................................................................................................. 19

AGENDA (Cont’d) 4.3 4.4

Proposed Multi Dwelling development at 28 Bonar Street, Heidelberg Heights (P618/14) ............................................................................... 24 Urban Planning and Building Activities .................................................................. 37

5. Participation – Community Involvement in Community Life 5.1 Chelsworth Park: Community Reference Group Update ....................................... 61 5.2 Community Information and Support Services - Integrated Service Model .................................................................................................................... 64 5.3 Inclusion, Access and Equity Achievements Report .............................................. 69 6. Performance - Use Our Resources Wisely 6.1 14 Ivanhoe Parade, Ivanhoe - Decision following Notice of Intention to Sell ..................................................................................................... 73 6.2 Assembly of Councillors........................................................................................ 77 6.3 Contract for provision of onsite public notification of planning permit applications ................................................................................................ 82 6.4 Procurement of Energy Sources ........................................................................... 84 7. Sealing of Documents Nil 8. Notices of Motion 8.1 Busking Pilot Project ............................................................................................. 87 8.2 National Alliance for Gambling Reform ................................................................. 89 8.3 Transport Issues in Banyule.................................................................................. 90 8.4 50th Anniversary of the Battle of Long Tan (Vietnam Veterans Day) ...................................................................................................................... 91 8.5 Illegal Tree Removal ............................................................................................. 93 8.6 Environmentally Sustainable Development Policy Planning Scheme Amendment C73 ..................................................................................... 95 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 s:

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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1.1

PETITION REGARDING CONCERNS FOR THE PROPOSED APARTMENT DEVELOPMENT AT 112 WATERDALE ROAD, IVANHOE P1343/2014

Author:

Christopher Mullan - Development Planner, City Development

Ward:

Griffin

File:

P1343/2014

EXECUTIVE SUMMARY A petition with 265 signatures has been received in relation to the proposed fourstorey apartment building comprising of twenty-one dwellings and a basement car park at 112 Waterdale Road, Ivanhoe (Planning Permit Application No. P1343/2014).

The petition prayer is as follows: We the undersigned, residents and ratepayers, members and attendees of the Ivanhoe Baptist Church which includes the Committee of Management of the Livingstone Community Centre and also its tutors, volunteers and participants, wish to bring to the attention of Council: The planning permit application for a multi-dwelling development (21 dwellings) at 112 Waterdale Road Ivanhoe; application reference number P1343/2014.

We have grave concerns that the construction stage of the development, as currently proposed, will place our heritage listed buildings at high risk of damage and significantly undermine our Community Centre’s capacity to deliver our programs and services to the community. Moreover, the size and overall massing of the proposed 4 storey, double basement building, when completed, will jeopardise our ability to provide a safe and comfortable physical environment that facilities the community’s well-being due to lack of privacy, overshadowing, increased noise, traffic congestion and reduced parking.

We therefore request Banyule Council to: seriously consider our interests and wellbeing which includes the interests and wellbeing of the many hundreds of Banyule City community members who attend our Community Centre programs and activities. We urge you to consider requesting the developer to reduce the overall mass of the building by significantly reducing the number of dwellings and decreasing the footprint of the building. We also request that the granting of any permit be subject to thorough engineering and risk assessment surveys which will determine the level of risk to our heritage buildings.

RECOMMENDATION “That 1.

2.

3.

Council receives and notes the petition.

The issues outlined in the petition be considered as part of the assessment of Planning Permit Application No. P1343/2014.

The lead petitioner be advised of this decision.”

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1.1

Petitions

1.1

Petitions

PETITION REGARDING CONCERNS FOR THE PROPOSED APARTMENT DEVELOPMENT AT 112 WATERDALE ROAD, IVANHOE - P1343/2014 cont’d DISCUSSION Planning Permit Application No. P1343/2014 is for the construction of a four-storey apartment building with twenty-one apartments and a basement car park at 112 Waterdale Road, Ivanhoe. The application has been advertised by way of a sign on site and by notices to the owners and occupiers of the surrounding properties.

Following the advertising period, a petition was received by Council raising concerns of the amenity impacts that the proposed development will have on the area. The submitted petition consists of 265 signatures, which are made up of 89 signatures from Ivanhoe residents, including 6 residents in proximity of the subject site, 105 signatures from residents elsewhere in Banyule, including 9 from Ivanhoe East, and 73 signatures from residents outside of Banyule from across Melbourne.

The application will be assessed against the relevant policies and clauses, including the height and setback requirements of Schedule 11 to the Design and Development Overlay, the standards of Clause 55, which include overlooking and overshadowing, and the various design standards of Clause 52.06 Car Parking.

ATTACHMENTS Nil

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2.1

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG

Author:

Walter Yew - Transport Engineer, City Development

Ward:

Griffin

File:

F2015/128

2.1

People – Community Strengthening and Support

Previous Items Council on 18 August 2014 (Item 6.1 - Heidelberg Activity Centre - Pedestrian Precinct 40km/h Zone) EXECUTIVE SUMMARY At its meeting on 18 August 2014 Council considered a report to pursue a staged approach to implement a 40km/h zone through the core of the Heidelberg Activity Centre pedestrian precinct. This report discusses Stage 2 of the proposed works and specifically works on Burgundy Street, Heidelberg.

A functional design has been prepared for safety and pedestrian improvements to Burgundy Street between Upper Heidelberg Road and Mount Street. The improvements are designed to meet VicRoads requirements for Stage 2 of the Heidelberg 40 km/h zone on this section of Burgundy Street.

Approval is sought to the functional design to facilitate formal discussions with VicRoads for the works and the introduction of a 40 km/h speed limit.

RECOMMENDATION That Council: 1.

Supports ‘in-principle’ the attached functional design layout for pedestrian safety improvements in Burgundy Street, Heidelberg which includes the provision of: • • • • • • • •

Pedestrian footpaths on both sides of Burgundy Street; Three additional safe crossing points to formalise pedestrian movements; Directional signage to guide pedestrians to accepted hospital entrances; Bus priority measures; Additional mid-block bus stops; Kerb realignment to formalise two traffic lanes with reduced lane width; Additional on-street public parking; and Streetscape enhancements.

2.

Notes the Austin Hospital’s aims to minimise the amount of pedestrian traffic entering the hospital through its Emergency Department and minimise disruption to ambulance traffic using Burgundy Street, Heidelberg.

3.

Continue discussions with stakeholders to gain support for the works.

4.

Seek VicRoads formal approval for the introduction of a 40km/h speed limit on Burgundy Street, Heidelberg between Upper Heidelberg Road and Mount Street as shown on the attached functional layout plan and request that VicRoads consult with relevant stakeholders including the Austin and Warringal Hospitals and Ambulance Victoria as part of its decision making process.

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People – Community Strengthening and Support

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’d

5.

Pursue opportunities for funding contributions and budget allocations towards the implementation of improvement works in Burgundy Street, Heidelberg as shown on the attached functional design.

6.

Consult with Ambulance Victoria and VicRoads to resolve concerns related to ambulance access into the Emergency Department of Austin Hospital via Burgundy Street, Heidelberg.

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 “develop and promote safety and resilience in our community”.

BACKGROUND Heidelberg is an important Major Activity Centre which has recently been included within the emerging La Trobe Employment Cluster as identified under Plan Melbourne for the important role in providing employment focus on the hospitals and the diversity of land uses including future residential developments. Burgundy Street is an important pedestrian spine within the activity centre which also provides for local vehicle access.

At its meeting on 18 August 2014 Council considered a report to pursue a staged approach to implement a 40km/h zone through the core of the Heidelberg Activity Centre pedestrian precinct. It was partially resolved that: “Council considers options to extend the zone to include the section of Burgundy Street between Upper Heidelberg Road and Studley Road and Dora/Jika Streets between Banksia Street and Rosanna Road – Stage 2.”

A 40km/h zone was introduced in the Heidelberg Activity Centre in 2014 following VicRoads approval.

The application to VicRoads for the new speed limit zone included the section of Burgundy Street, between Mount Street and Lower Heidelberg Road. VicRoads requested alterations to the appearance, configuration and operation of Burgundy Street prior to approving a 40km/h speed limit introduction in the section. Therefore the 40km/h speed limit project for Heidelberg was divided in two stages as indicated in Figure 1.

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People – Community Strengthening and Support

2.1

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’d

Figure 1: Stages to the Heidelberg 40km/h Speed Limit Project Burgundy Street Burgundy Street was the primary through traffic route prior to the construction of the Bell-Banksia Link approximately 20 years ago. While still declared an Arterial Road, its current primary role is to provide access to the Heidelberg Activity Centre including vehicle access to the Austin Hospital and Warringal Private Hospital (See Figure 2).

Figure 2: Burgundy Street, Heidelberg between Upper Heidelberg Road and Mount Street

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2.1

People – Community Strengthening and Support

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’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.

CURRENT SITUATION Limited pedestrian footpaths are currently provided on Burgundy Street. On the north side there is no footpath between Upper Heidelberg Road and Powlett Street. On the south side, pedestrian access between Upper Heidelberg Road and the Austin Hospital entrance opposite Martin Street is via an unclear path within the Hospital grounds. To the east of this entrance, a footpath is provided within the Hospital frontage under the overhanging building.

Pedestrians have been observed walking along the road and in garden beds on the south side of Burgundy Street.

Currently the only pedestrian crossing facility across this section of Burgundy Street is the footbridge west of Martin Street which provides a grade-separated crossing.

Most members of the public cross Burgundy Street at various informal locations; the pedestrian bridge primarily serves access between the Austin Hospital and the Martin Street multi-level staff car park.

Figure 3 shows the pedestrian connections along and across Burgundy Street between Upper Heidelberg Road and Stradbroke Avenue/Studley Road.

Figure 3: Pedestrian Connections on Burgundy Street DISCUSSION A functional design has been prepared for alterations to Burgundy Street to meet VicRoads requirements for a 40km/h environment (Attachment 1).

The proposal includes enhanced pedestrian facilities, reduced lane widths, removal of turn lanes, better access to public transport access, and additional on-street

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People – Community Strengthening and Support

2.1

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’d parking. Additionally it reduces the attractiveness of Burgundy Street to through traffic that will provide benefits to the Heidelberg strip shopping centre.

The design includes: • • • • • • • •

Pedestrian footpaths on both sides of Burgundy Street; Three additional safe crossing points to formalise pedestrian movements; Directional signage to guide pedestrians to accepted hospital entrances; Bus priority measures; Additional mid-block bus stops; Kerb realignment to formalise two traffic lanes with reduced lane width; Additional on-street public parking; and Streetscape enhancements.

The proposal considers the construction of a continuous footpath between Upper Heidelberg Road and Stradbroke Avenue/Studley Road on both sides of Burgundy Street to provide better access to buildings and public transport. The additional at-grade pedestrian crossings will provide greater opportunities for the public to safely cross Burgundy Street. Relocated bus stops and bus priority measures will provide enhanced access to public transport for residents, employees and visitors to the Heidelberg Activity Centre and hospitals precinct.

The design also provides for approximately 50 additional on-street parking spaces. It is recognised that some of these spaces would be on a reasonably steep slope and therefore somewhat more difficult for drivers to access. While there is no guidance in the Australian Standard for parking on slopes, appropriate detailed design will need to be undertaken to ensure that these spaces are viable.

The functional design maximises the use of existing road pavement and minimise construction costs. In addition to providing continuous footpaths on both sides of Burgundy Street, additional landscaping can be accommodated to enhance the streetscape and general appearance of this section of Burgundy Street.

As part of the street and landscaping improvements, it is also proposed to consider: • •

A Water Sensitive Urban Design (WSUD) treatment on the wide grassed median on the north side of Burgundy Street between Upper Heidelberg Road and Stradbroke Avenue.

The potential for self-watering tree pits on the south side of Burgundy Street between Upper Heidelberg Road and Stradbroke Avenue.

During the functional design process consideration was given to the provision of a dedicated right turn lane into the Emergency Department of the Austin Hospital. It is considered that this would not resolve concerns relating to queuing/manoeuvring traffic delaying emergency vehicles entering/leaving the hospital and has not been included into the design.

FUNDING IMPLICATIONS The reconfiguration of Burgundy Street was included in a successful 2015 Heidelberg 40km/h zone application for funding under the Transport Accident Commission (TAC) Local Government Grants program for small-scale infrastructure. A grant of $100,000 has been approved for various works to improve pedestrian and bicycle safety in Heidelberg including the introduction of the 40 km/h speed limit and associated works on Burgundy Street.

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People – Community Strengthening and Support

IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’d

Council has also allocated $200,000 in the 2015/16 Capital Works Program towards the project.

The indicative overall cost of the Burgundy Street works is $1.6M. Additional funding will be part of future budget considerations and TAC applications. In addition, there may be an opportunity to seek VicRoads funding towards the project. If Water Sensitive Urban Design treatments are feasible in the locale, a funding application to Melbourne Water Living Rivers Program can also be submitted. Given that the project is within the La Trobe Employment Cluster there may also be opportunities to seek funding under future programs to be established by the Metropolitan Planning Authority.

The project can be staged to deliver progressive benefit, as funding becomes available.

CONSULTATION The proposal has been discussed with the primary affected parties including VicRoads, Austin Hospital and Warringal Private Hospital.

VicRoads has indicated that the functional design achieves its requirements for a 40km/h speed limit area. Warringal Private Hospital is very supportive of the improvements. The Austin Hospital indicated concerns about the potential impact on emergency vehicle access to the Hospital due to the reduced pavement width, parking and un-parking of vehicles on Burgundy Street, and additional pedestrian activity along Burgundy Street.

It is considered that these concerns will not eventuate as emergency vehicles have priority and pedestrian activity would not impact access to the Hospital’s Emergency Department. Notwithstanding the use of directional signage could assist in guiding pedestrians to accepted hospital entrances. In addition, car parking on the south side of Burgundy Street could be made ‘long term’ rather than ‘short term’ to minimise the impact of vehicle movements in and out of these spaces.

Council will initiate further consultation with Ambulance Victoria and VicRoads to resolve concerns about emergency vehicles access to/from Burgundy Street.

A bicycle lane was suggested; however Burgundy Street is not on Council’s local bicycle network at this location due to its slope, bicycle lanes therefore are not proposed.

Council will continue to liaise with all relevant parties and the community during the concept and detailed design phase of this project.

CONCLUSION The attached functional design for Burgundy Street between Upper Heidelberg Road and Mount Street has received general support from major stakeholders. The design includes formalising the road width and alignment, additional pedestrian and improved public transport facilities, and additional on-street parking. Approval is sought to formally seek VicRoads approval to the design and the introduction of a 40km/h speed limit on this section of Burgundy Street.

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IMPROVEMENTS TO BURGUNDY STREET, HEIDELBERG cont’d

ATTACHMENTS No.

Title

1

Burgundy Street Proposal - Functional Design July 2015

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4.1

BANYULE ECONOMIC DEVELOPMENT PLAN

Author:

Ben Smith - Economic Development CoOrdinator, City Development

File:

F2015/553

Previous Items Council on 6 July 2015 (Item 4.1 - Economic Development Plan) EXECUTIVE SUMMARY The draft Economic Development Plan (“the Plan”) establishes Council’s economic development agenda for the next five years, establishing a vision and strategic objectives, accompanied by a two-year action plan. The Plan communicates the role and function of economic development within Banyule and provides clarity on what Council is seeking to achieve and, through the action plan, how Council will deliver it.

Development of the Plan has been based on: • • • • • •

Council’s City Plan commitments and overall policy direction, provided by the Place and People policies; Reflecting on successful economic development programs and initiatives delivered by Council, or in partnership with others; Consulting with key stakeholders, including directly with businesses; Understanding the shape of the local economy, and its dominant and emerging trends including growth, industry focus and the labour market; Analysis of the key issues, including changes in the retail sector, and; Identification of challenges, strengths and opportunities.

Ultimately the Plan sets a framework for continuing Council’s successful programs and initiatives in shopping centres, business support and regional economic development, while setting foundations to strengthen the future agenda, including; investment attraction for target areas, and partnerships to benefit the labour market.

Council approved a formal consultation process at its 6 July 2015 meeting, which attracted a broad range of constructive and positive comments and feedback. This report summarises the consultation process and seeks adoption of the final Plan.

RECOMMENDATION That Council: 1. Adopts the Banyule Economic Development Plan 2015 to 2020 (August 2015), and accompanying Action Plan 2015 to 2017.

2. Receives a progress report on implementation of the Plan and Action Plan in advance of its anticipated refresh in 2017.

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.

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4.1

Place – Sustainable Amenity and Built Environment

4.1

Place – Sustainable Amenity and Built Environment

BANYULE ECONOMIC DEVELOPMENT PLAN cont’d 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 directions to: •

“Support people to achieve their economic potential” (People Policy, Key Direction 1.5); “strengthen local activity and employment areas” (Place Policy, Key Direction 3.2), and; “Support thriving commercial and retail activity” (Place Policy, Key Direction 3.3).

• •

The report also responds specifically to focus area 3.2.4 to: “Develop plans that encourage investment and development opportunities for growth and regeneration of business and employment.”

BACKGROUND Council considered the draft Economic Development Plan at its 6 July 2015 meeting and resolved (Resolution CO2015/209) to: 1.

Approve the draft Economic Development Plan for public exhibition over a period of three (3) weeks.

2.

Receive a further report discussing feedback received during the public exhibition period, before considering approval of a final Plan at a future meeting of Council.

This report provides a summary of the feedback received during consultation on the draft Economic Development Plan and indicates any changes made as a result of feedback.

The Plan is accompanied by two documents, which provide a detailed summary of Council’s proposed economic development work over the next two years, and a detailed snapshot of the local economy respectively. These two documents are: • •

A detailed Action Plan for the period 2015 to 2017, which articulates the main actions that Council will take (working alongside other respective stakeholders) to implement the Economic Development Plan, and; An Economic Profile that provides data about the local economy, which informs the Plan, including providing the evidence base to shape Council’s priorities.

It is intended that an additional document will be produced that acts as a summary of the Economic Development Plan, and presents Council’s aspirations in this space in an easily digestible form. This document will be Council’s principal way of communicating its economic development vision and objectives.

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Place – Sustainable Amenity and Built Environment

4.1

BANYULE ECONOMIC DEVELOPMENT PLAN cont’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 Plan is consistent with and advances the key principles underpinning the Victorian Charter of Human Rights, including freedom, respect, equality and dignity.

Consideration has also been given to Council’s Inclusion Access and Equity Framework (IAE) which outlines Council’s commitment to improving economic participation, community participation and health and wellbeing for Banyule’s diverse communities. The Economic Development Plan Action Plan responds to the IAE commitment to economic participation through the implementation of specific projects and initiatives that consider the needs of Banyule’s communities.

The areas of the Plan that have direct implications in this respect are: • •

Business support services and their accessibility, promotion and relevance to the breadth and diversity of the Banyule community, and; Labour market initiatives.

SUMMARY OF THE ECONOMIC DEVELOPMENT PLAN The Plan provides a five year strategy to guide and promote economic activity and growth in the municipality, with a vision where: “Banyule has a prosperous local economy, responding positively to challenges and new opportunities, where individuals are supported to reach their economic potential and there are strong connections between business and community.”

The four strategic objectives of the Plan reflect the key priorities that are current or emerging within Banyule: Vibrant Precincts – Our activity centres are at the heart of economic development in Banyule, and contribute to community wellbeing too. Council will continue to focus attention on these centres, working with traders’ association and others, to meet the challenges of changing retail patterns while attracting new vibrant uses, activity and investment. At the same time, Council recognises the important role of industrial areas and their transition and diversification. Likewise, home-based businesses are a priority, providing new entrepreneurial opportunities, as well as sowing the seeds for the next generation of economic growth.

Business Support – From small specialist workshops to large keynote events, Council recognises that local businesses require a diverse range of support. Our business support programs will focus on providing low-cost training, advice and networking opportunities to our diverse business community.

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Place – Sustainable Amenity and Built Environment

BANYULE ECONOMIC DEVELOPMENT PLAN cont’d Investment and Attraction – Banyule has an enviable balance of live / work opportunities and Council will market and promote the benefits to attract new investment and encourage economic activity within our centres. Council will also support the promotion of Banyule as a destination, and work with partners to develop our visitor offer.

Leadership and Partnerships – Council plays a lead role in delivering economic development activity including labour market initiatives. Council also facilitate the development of partnerships, bringing stakeholders together for mutual advantage.

Council will continue to work with agencies within and outside of Banyule, utilising expert local knowledge and leveraging external resources to deliver on our economic development agenda.

The Plan is accompanied by an Action Plan that sets out the work areas and initiatives that will be delivered over the next two years (2015 to 2017). Within the plan, individual actions are prioritised based on their contribution to delivery of the strategic objectives and available resources. Where resources are not currently available, a lower priority has been given.

FUNDING IMPLICATIONS Adoption of the Plan does not have any direct funding implications, however over the longer term Council may consider how it allocates resources based on meeting the policy commitments of the Plan.

The core initiatives identified as actions within Year 1 (2015/16) of the Plan are within Council’s approved 2015/16 budget. While the draft Plan does not commit Council to the funding of additional initiatives, it lays the foundation for exploration of further economic development activity, some of which will require consideration of additional resources, whether from Council or alternative funding streams. As the Plan is reviewed each year, further resource implications will be monitored in line with delivering initiatives as prioritised within the Action Plan.

CONSULTATION Following Council’s resolution on 6 July 2015, the draft Economic Development Plan was presented for public exhibition during July. The consultation was promoted by: • • • • •

Direct contact with key stakeholders, including neighbouring Councils, regional economic development agencies, and traders’ associations.

A feature in Council’s monthly business e-bulletin.

A webpage within the Banyule Council ‘Community Consultation’ section, and feature front-page banner.

An article in the ‘Banyule in Brief’ feature of the Heidelberg Leader.

Social media posts on Facebook and Twitter.

Feedback and comments were received by email, letter and a survey that was available for the duration of the consultation. The consultation period closed on 31 July 2015.

Overall, feedback received was very positive and the general concept and specific directions of the draft Economic Development Plan were welcomed and supported.

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BANYULE ECONOMIC DEVELOPMENT PLAN cont’d Feedback from individual traders’ associations included: • • • •

Full support for all the actions.

Comments that the plan is “thorough and with high expectations, and that the association is looking forward to working with Council to implement the actions.”

Specific support for streetscape works and how it can complement and support anticipated business growth in major centres.

Specific support for the establishment of a business awards program, and recognition of the opportunity it could provide for businesses to showcase their products and services.

Responses from regional organisations and neighbouring Councils included: •

•

Strengthening the parts of the Plan that cover Banyule’s role within the wider region, as well as details of various initiatives that have Banyule’s involvement and are seeking to boost regional economic development outcomes.

Support for local procurement activity that boosts supply chain connectivity between smaller and larger organisations.

In response to the feedback received, the Plan was amended and refined to reflect and accommodate the feedback, principally strengthening and clarifying existing sections. No substantive changes have been made to the key policy commitments that featured in the draft Plan as considered by Council at its 6 July 2015 meeting.

TIMELINES Once adopted by Council, the Plan will be immediately effective for the period until June 2020. However, this will be subject to review to accommodate changing higher level policy commitments as well as contextual changes within the local economy.

The accompanying Action Plan provides a set of initiatives over a two year period that work towards the overall vision and strategic objectives. The Action Plan will be reviewed periodically to assess progress against outcomes and ultimately test the effectiveness of delivery against the Plan’s policy commitments.

It is proposed that the Economic Development Plan will be launched at the Banyule Business Awards event planned for 28 October 2015.

CONCLUSION The Banyule Economic Development Plan 2015-2020 presents an opportunity for Council to clearly articulate its vision for economic development within the municipality, and set a strong strategic direction for economic growth. As such, the process for developing the Plan has been thorough and measured. The Plan’s Strategic Objectives are informed by a clear understanding of the local economy and analysis of the opportunities and challenges. The Plan sets a realistic but ambitious balance between continuing the successful work of Council and expanding its aspirations into new areas.

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BANYULE ECONOMIC DEVELOPMENT PLAN cont’d ATTACHMENTS No.

Title

1

Economic Development Plan 2015-2020

103

2

Economic Development Plan - Action Plan 2015-2017

139

3

2015 - 2016 Banyule Economic Profile

151

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4.2

GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH - PROPOSED TRAFFIC TREATMENT

Author:

Ana Caicedo - Traffic & Transport Team Leader, City Development

Ward:

Bakewell

File:

F2015/57

Previous Items Council on 15 December 2014 (Item 8.1 - Grimshaw Street / Flintoff Street Greensborough - Pedestrian Safety) EXECUTIVE SUMMARY At its meeting on 15 December 2014 Council resolved to discuss the safety concerns at the intersection of Grimshaw Street and Flintoff Street, Greensborough with the State Member for Bundoora.

This report discusses the proposed concept design for infrastructure works to address road safety concerns.

The design has been prepared to provide safer crossing opportunities for pedestrians and a road environment that encourages motorists to drive at 40km/h.

In principle support is sought for the functional design to facilitate formal discussions with VicRoads for the works to be completed in the next two years.

RECOMMENDATION That Council: 1. Provides ‘in-principle’ support for the attached functional design layout for Grimshaw Street and Flintoff Street, Greensborough which includes: • Reconfiguration of the Grimshaw Street and Flintoff Street intersection and inclusion of pedestrian operated signals • Installation of a pedestrian crossing point on Grimshaw Street, between Stubley Court and Eldale Avenue • Installation of a pedestrian crossing point on Flintoff Street, midblock between Grimshaw Street and Para Road • Reduction of the effective road width of Grimshaw Street, between Church Street and Stubley Court • Installation of bicycle lanes along Grimshaw Street and Flintoff Street.

• Redesign of the operation of the intersection of Flintoff Street and Para Road 2. Progress discussions with stakeholders and seek VicRoads’ formal approval for the proposed works on Grimshaw Street and Flintoff Street, Greensborough, on the basis of the attached functional layout plan.

3. Pursue opportunities for funding contributions and budget allocations toward the implementation of works associated to the functional design layout for Grimshaw Street and Flintoff Street, Greensborough.

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4.2

Place – Sustainable Amenity and Built Environment

4.2

Place – Sustainable Amenity and Built Environment

GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH PROPOSED TRAFFIC TREATMENT 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 “strengthen local activity and employment areas”.

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.

BACKGROUND The Greensborough Activity Centre is a high pedestrian and bicycle activity area.

The precinct includes the Main Street Shopping Precinct, the Greensborough Plaza, Centrelink, a Community Health Centre and other medical suites, one of Council’s service centres, and WaterMarc. It is well served by public transport with eight bus routes and the Hurstbridge Railway Line connecting the Centre to the city. The Lower Plenty River Bicycle Trail runs along the east side of the Centre and some roads in the area are part of Principal Bicycle Network, and Council’s Local Bicycle Network.

The high concentration of trip attractors generates a great number of pedestrian and cyclist movements in the area. This, coupled with the high volume and speed of vehicles on Grimshaw Street and Flintoff Street, increases the risk and severity of pedestrian and cyclist crashes.

The need for improvements to road safety in the area is supported by regular correspondence that Council receives from residents and visitors. The intersection of Grimshaw Street and Flintoff Street is a particular focus due to vehicle speeds and volumes, and pedestrian sightlines.

At the start of 2013 the speed limit along Flintoff Street and on Grimshaw Street was reduced from 50km/h to 40km/h. The speed limit has since been extended to include a longer stretch of Grimshaw Street.

Prior to the installation of the 40km/h speed limit on Flintoff Street and Grimshaw Street, the 85th percentile speed (the maximum travel speed of 85% of vehicles) was 59km/h (in a 50km/h zone). With the introduction of the 40km/h signs in February

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GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH PROPOSED TRAFFIC TREATMENT cont’d 2013, the 85th percentile speed was lowered to 54km/h. An extension of the 40km/h zone on Grimshaw Street to Main Street in November 2013 further reduced the 85th percentile speed to 51 km/h. Vehicle speeds remaining significantly above the 40km/h limit represents a high risk factor for road users.

At its meeting on 15 December 2014 Council considered a Notice of Motion regarding safety at the intersection of Grimshaw Street and Flintoff Street, Greensborough, and resolved: “That interested Councillors and appropriate officers meet with the State Member for Bundoora to discuss road safety concerns at the intersection of Grimshaw Street and Flintoff Street, Greensborough.”

Accordingly, a meeting was held in January 2015. To date, the State Member for Bundoora has not supported significant reconfiguration works along Grimshaw Street and Flintoff Street, favouring localised pedestrian safety improvements over works that could impact traffic flow.

CURRENT SITUATION Pedestrian counts conducted in August 2015, identified that on a weekday, 280 pedestrians cross the road at or near the intersection of Flintoff Street and Grimshaw Street between 8am and 6pm.

The level of pedestrian activity in the area is expected to increase as higher-density residential developments occur south of Grimshaw Street and the Activity Centre’s trip generation increases as a result of Council’s office relocation to Greensborough.

A concept design (Attachment 1) has been developed which includes road improvements to reduce the injury risk for road users. The works are designed to reduce vehicle speeds to the signed 40km/h speed limit and provide improved pedestrian and cyclist facilities. Figure 1 indicates the location of the proposed works in Greensborough.

Figure 1. Location of proposed works

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GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH PROPOSED TRAFFIC TREATMENT cont’d ADVOCACY Council has advocated on behalf of the community for a safer road environment along the Grimshaw Street-Flintoff Street road corridor for a number of years and some improvements have occurred.

Enforcement of the speed limit in the area has been requested to the Victoria Police.

THE PROPOSAL Research indicates that narrower carriageways, lower curve radii at intersections and pedestrian crossing points contribute to providing a safer and slower road environment, and provide greater pedestrian priority along key pedestrian links.

The concept design has been developed with the support of road safety experts and in consultation with VicRoads’ officers. It is considered that the proposal will reduce the identified road safety risks along the Grimshaw Street-Flintoff Street corridor as: •

• •

The reconfiguration of the intersection of Grimshaw Street and Flintoff Street will improve sightlines for pedestrians crossing the road, while the tighter turning radius will reduce the speed at which vehicles turn left from Grimshaw Street into Flintoff Street The installation of pedestrian crossings, including the realignment of the kerb will reduce the carriageway width and reduce the distance for pedestrians to cross.

The reduction of the attractiveness of the route for some arterial traffic will result in a reduction in the volume of vehicles in the area. This results in a lesser probability of accidents.

FUNDING IMPLICATIONS The estimated cost of the design and construction of the infrastructure is $690,000.

In order to partially fund the project an application for $100,000 for the 2016 Local Government Grants from the Transport Accident Commission (TAC) was submitted at the end of August 2015. The TAC will inform about its decision by mid to late October 2015. In addition, Council should continue to work with VicRoads for State Government funding contributions on the bases that Grimshaw Street is a Main Road under the control of VicRoads.

The cost of the bicycle lane and pedestrian crossing works on Flintoff Street will be covered by the secured funds from the grant to link the Plenty River Trail to the Greensborough Activity Centre. Other costs associated with the development of the project during this financial year will be covered utilising funds from the operating budget.

Council should also consider allocating funds towards the delivery of this project as part of its future Capital Works Program for 2016-17.

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GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH PROPOSED TRAFFIC TREATMENT cont’d TIMELINES Subject to Council’s approval of the attached functional design layout, the project can be staged to be delivered as indicated in Table 1.

Table 1. Project delivery staging Stage Installation of a safe pedestrian crossing point on Flintoff Street, midblock between Grimshaw Street and Para Road (Expected to be completed December 2015) Reconfiguration of the intersection of Grimshaw Street and Flintoff Street Installation of safe pedestrian crossing points on Grimshaw Street, between Stubley Court and Eldale Avenue Reduce the effective road width of Grimshaw Street between Church Street and Stubley Court Installation of bicycle lanes along Grimshaw Street and Flintoff Street Reconfigure the operation of the intersection of Flintoff Street and Para Road CONCLUSION The attached functional design for Grimshaw Street and Flintoff Street, Greensborough, has been developed to address road safety concerns related to the pedestrian sightlines at crossing points, the speed of vehicles and general road safety. Support is sought to formally seek VicRoads approval to the design with the aim to finalise this project in the next two years.

ATTACHMENTS No.

Title

1

Concept functional layout plan - Works for Grimshaw Street and Flintoff Street, Greensborough

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14)

Author:

Chris McInnes - Development Planner, City Development

Ward:

Olympia

File:

P618/14

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EXECUTIVE SUMMARY The proposal is for the development of the land for the construction of three dwellings. The application is part of the Olympia Housing Initiative, which is a ten year housing renewal program by the Department of Health and Human Services.

The design comprises of three dwellings in a tandem arrangement, with two of the dwellings being double storey and the third dwelling to the rear being of single storey configuration. The proposal also seeks to remove two trees which require a permit from the site.

Public notification of the proposal was carried out, with five objections being received.

The proposal was subsequently re-advertised following amendments to the plans by the applicant. Following the second round of advertising, a consultation meeting was convened.

It is considered that the proposal incorporates an appropriate level of compliance with State and Local planning policies (including the Residential Neighbourhood Character Policy) and with ResCode and that the application should be supported with appropriate conditions.

RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987 resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P618/2014 for the development of the land for the construction of three (3) dwellings and removal of vegetation on land subject to a Vegetation Protection Overlay (VPO5) at 28 Bonar Street HEIDELBERG HEIGHTS subject to the following conditions: Plans 1.

Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the amended advertised plans submitted on 27 February 2015 with the application but modified to show: (a)

Provision of a carport for Dwelling 2, and the deletion of the south facing ground floor stairway and W.C. windows so as to ensure compliance with any fire rating contained within applicable building code;

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d (b)

The dimensions of the carport for Dwelling 1 modified to comply with Clause 52.06 – Car Parking of the Banyule Planning Scheme;

(c)

The driveway to be finished in muted tones pursuant to Clause 22.02 Residential Neighbourhood Character policy of the Banyule Planning Scheme;

(d)

The existing fence along the west (side) boundary shown to be retained along its entire length;

(e)

Provision of one (1) Eucalyptus scoparia (Wallangarra White Gum) within the secluded private space area allocated to Unit 2. This tree must be located as close as practicable to the west (side) boundary of the site, with the storage shed and clothes line being relocated elsewhere within the secluded private open space area;

(f)

Provision of at least one (1) Eucalyptus leucoxlon (Euky Dwarf) within the western side of the secluded private open space area allocated to Unit 3;

(g)

Landscaping as required by Condition 2 of this permit;

(h)

Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i)

The internal drainage and method of disposal of stormwater from all roofed areas and sealed areas including the use of an on-site detention system;

(ii)

The internal drainage and method of disposal of stormwater from all roofed areas and sealed areas;

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

2.

(i)

The Tree Preservation Fencing in accordance with Condition 13 of this permit;

(j)

Landscape and tree zones to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

(k)

A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas

The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a)

Details of planting within areas of open space;

(b)

The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(c)

Retention of two existing medium-large trees in the site frontage;

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d (d)

Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

(e)

Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(f)

A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas;

(g)

Tree planting in accordance with Conditions 1(e) and 1(f) of this Permit;

(h)

Provision of replacement planting for vegetation that is to be removed including a minimum of 2 medium canopy trees (mature height of at least 8m) within the front setback area together with understorey and screen vegetation throughout the site;

(i)

An indigenous and/or drought tolerant planting theme;

(j)

A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(k)

Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill; and

General 3.

The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

4.

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).

Amenity 5.

The development permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality.

Urban Design / External Appearance 6.

All external materials, finishes and paint colours are to be to the satisfaction of the Responsible Authority.

7.

The walls of the development on the boundary of adjoining properties must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

Car Parking / Access

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d 8.

Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

9.

Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

10.

Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

Tree Protection / Landscaping 11.

Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

12.

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

13.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around the street tree on the site frontage and the two Mirror bushes located on the adjoining property to the east. You must contact Council’s Development Planning Arborist on 9457- 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)

Extent Tree Preservation Zones shall be provided in the following locations: •

Around the tree protection zones of the street tree, and the two Mirror bushes located on the property to the east where they extend into the subject site.

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips. (b)

(c)

Fencing (i)

Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

(ii)

The posts must be strong enough to sustain knocks from on site excavation equipment.

(iii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(d)

Irrigation The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(e)

Access to Tree Preservation Zone (i)

(ii)

(iii) (iv)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and refuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: • Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres; • All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques; •

Roots required to be cut are to be severed by saw cutting and undertaken

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

Time Limits 14.

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a) The development is not commenced within two years of the date of this permit; (b) The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

Within 12 months afterwards if the development started lawfully before the permit expired.

PERMIT NOTES (A)

Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

(B)

Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. Build over Easement approval is required for the proposed patio, rainwater tank and shed sown over the easement. Footing details and angle of repose must be shown with regard to the stormwater drain in the easement. A minimum of 600mm must be kept from the stormwater drain.

Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit).

Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for: •

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

•

A “Drainage Connection Permit” for any works other than within a road reserve. .

Asset Inspection Fee Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.

Provision of Street Tree For the required process and any information concerning the provision of a street tree, enquiries should be directed to Banyule Tree Care Department.

(C)

Ongoing restrictions Tree Protection Zones Requests for the consent or approval of tree protection measures pursuant to Condition 13 should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: •

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

•

All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;

•

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

(D)

Action on/for completion Completion of Development Immediately upon completion of the development permitted by this permit, the

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance.

An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Unit 1: Unit 1: Unit 1:

1/28 Bonar Street HEIDELBERG HEIGHTS 1/28 Bonar Street HEIDELBERG HEIGHTS 1/28 Bonar Street HEIDELBERG HEIGHTS

A street number of 100mm minimum height and contrasting in colour to its background, must be fixed at the front boundary of the property and as near as practicable to, or on the letterboxes in accordance with Council’s Street Numbering Policy. Separate unit numbers of 75mm minimum height must be placed adjacent to the front entrance of each dwelling. Such numbers must be clearly legible from the access driveway.

(E)

Previous Planning Approvals This Planning Permit must be read in conjunction with previous permits that may affect the site.

Planning Permit Application:

P618/2014

Development Planner:

Mr Christopher McInnes

Address:

28 Bonar Street HEIDELBERG HEIGHTS

Proposal:

Develop the land for the construction of three (3) dwellings and removal of vegetation on land subject to a Vegetation Protection Overlay (VPO5)

Existing Use/Development:

Single Dwelling

Applicant:

Sustainable Property Consultants

Zoning:

General Residential Zone (GRZ1)

Overlays:

Vegetation Protection Overlay (VPO5)

Notification (Advertising):

Public notification was conducted by means of erecting one sign on the site frontage and posting notices to the owners and occupiers of surrounding properties.

Application subsequently re-advertised following the receipt of amended plans.

Objections Received:

Five (5)

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d Four (4) (Re-advertised) Ward:

Olympia

It is proposed to demolish the existing dwelling and construct two (2) double storey dwellings and one single storey dwelling in a linear formation across the site. The dwellings will be detached with the single storey building situated in the rear portion of the lot.

All access is proposed via the existing single vehicle crossing and shared driveway on the eastern side of the site. The application originally proposed a reduction in car parking requirements, however plans were subsequently amended during the application process so as to provide all of the required car parking on site.

The proposal involves the removal of two trees which require a permit for removal and are identified in the submitted arborist assessment.

The development is part of the Olympia Housing Initiative which is a project by Department of Human Services to construct 600 homes over 10 years and replace older, outdated properties with improved housing.

The plans assessed in this report are the advertised plans received by Council on 27 February 2015.

Dwelling Density Site Coverage Impervious Site Coverage

1:249m2 40% 65.6%

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.

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d SUBJECT SITE AND SURROUNDING AREA

Figure 1: Aerial view of subject site The subject site is located on the north side of Bonar Street, Heidelberg West, approximately 60 metres west of the intersection of Bonar Street and Monash Street.

The subject site is relatively flat, and the surrounding land is zoned for residential purposes. To the west of the site, on the other side of Bonar Street, lies The Haig redevelopment site, which has been zoned Residential Growth.

Site area Subject to flooding?

666m2 Unlikely

PLANNING CONTROLS The planning controls applicable to the site are outlined in the table below: Control

Clause

Residential Growth Zone – Schedule 1 Vegetation Protection Overlay – Schedule 5 (VPO5)

32.07 42.02

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Permit Triggered Yes Yes

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in the table below: Policy SPPF Settlement Built Environment and Heritage (including sub clauses) Housing (including sub clauses) LPPF Land Use Built Environment (Accessible area) Neighbourhood Character Policy (Garden Suburban Precinct 6) Safer Design Policy Particular Provisions Car Parking ResCode

Clause 11 15 16 21.04 21.06 22.02 22.03 52.06 55

PUBLIC NOTIFICATION It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding properties. The first round of advertising (which included reduction to car parking requirements) attracted five (5) objections which can be summarised as follows: • Concerns regarding combined impact of Haig Street development (117 dwellings), Elliot Street mosque and proposed development, particularly in terms of traffic and parking and amount of “high density” housing; • Overdevelopment; • Inconsistent with low density (single detached homes) character of area; • Waiver of car parking will set a precedent for the area and create additional traffic and parking pressures in Bonar Street; • Inadequate permeability (25%); • Removal of significant tree (Eucalyptus) in rear portion of site; • Overlooking; and • Inadequate private open space provided for each dwelling.

The application has been subsequently amended to provide the required number of parking spaces and was re-advertised on 27 March 2015. This round of advertising attracted four (4) objections which repeat many of the original concerns (overdevelopment; removal of significant tree, lack of permeability, combined impact of proposal and Haig Street development, Elliot Street mosque), however the following additional concerns were raised: • General parking and traffic concerns including lack of on-site visitor parking; • Inadequate space for bin collection; and • Pressure on infrastructure.

A consultation meeting between the objectors and the permit applicant was convened on 30 July 2015 and was also attended by the Ward Councillor. Three of the objectors attended the meeting, and a number of the points raised in the objections were discussed at length.

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d

In order to satisfy some of the objector’s concerns, the applicant offered to make the further changes to the latest set of plans received by Council on 27 February 2015 including: • The retention of the existing boundary fence along the west (side) boundary as it is in good condition and does not require replacement • The tree which is shown to be provided within the SPOS area of Unit 2 to be relocated as close to the boundary as possible, utilising a species as large as what is suitable in the space provided following advice from Council’s Arborist, and relocation of the storage shed and clothes line to suit the tree’s position • Provision of a new tree within the SPOS area of Unit 3 of a species with a noninvasive root system which is suitable for plating within a drainage and sewerage easement.

Whist plans have not been formally submitted showing the abovementioned changes, they can be included as a condition of any permit issued.

REFERRAL COMMENTS ENGINEERING SERVICES Council’s Engineering Services Section has reviewed the amended plans received on 27 February 2015 and have raised no objection to the proposed development, subject to appropriate conditions relating to drainage and access to car parking facilities included on any permit issued.

DEVELOPMENT PLANNING ARBORIST The application was referred to Council’s Development Planning Arborist who raised no objection to the proposal, subject to conditions requiring TPZ fencing for retained trees, and the planting of new trees to replace those being removed.

TECHNICAL CONSIDERATION An assessment against the State and Local Planning Policy Framework has been undertaken. Clause 55 of the Banyule Planning Scheme (ResCode), Council’s Neighbourhood Character Policy contained at Clause 22.02 of the Scheme and submissions from objectors have also been considered.

Issues raised in objector’s submissions primarily relate to the appropriateness of the proposal in the context of relevant neighbourhood character policy, the loss of established trees, and car parking and traffic concerns. The relevant issues have been summarised and discussed below: •

The proposal has been assessed as meeting the objectives of both Council’s Neighbourhood Character Policy and ResCode, subject to conditions addressing some minor issues being included on any permit issued. The proposal provides space for adequate landscaping and the required number of canopy trees. These new trees will replace those nominated for removal, which have been assessed as being of low to medium retention value owing to poor overall condition and a limited expected life expectancy. In the case of the large tree currently existing at the rear of the subject site (Tree #8), a recent visual inspection by Council Officers suggests that no improvement to health and structure has occurred since the Arboriculture Report submitted with the application was prepared, with the canopy experiencing die-back and the tree

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PROPOSED MULTI DWELLING DEVELOPMENT AT 28 BONAR STREET, HEIDELBERG HEIGHTS (P618/14) cont’d at risk of future limb failure. As such, it is considered that the proposal provides the opportunity to replace a tree likely to become a liability in the near future with new trees and other vegetation.

•

Concern was expressed to the applicant following the first round of advertising that the proposed reduction in car parking requirements may not be appropriate. Given the area of the subject site that there was no reason why all of the required car parking spaces could not be provided on site. The subsequently amended plans are now consistent with the requirements contained in Clause 52.06-5 (Number of car parking spaces) and the design guidelines of Clause 52.06-8 (Design standards for car parking).

•

Other matters raised in objections include concerns that the proposal is an overdevelopment of the site - excessive site coverage, low permeability, inadequate private open space and excessive bulk and scale. However, the proposal is consistent with the site coverage and permeability requirements of ResCode (Standards B8 and B9), and also meets requirements for secluded and private open space of ResCode (Standard B28). The two storey scale and density of the proposal is also consistent with the emerging character of the area and in line with housing policy objectives contained within local planning policy.

•

The planning merit of the Haig Street Primary School redevelopment (117 double storey dwellings) has been considered and deemed acceptable, including parking and traffic impacts. The addition of three (3) dwellings (net addition of 2 dwellings) is unlikely to give rise to any significant additional impact, noting that Council’s Engineering Section has raised no concerns with respect to the anticipated traffic generated by the proposal and the proposed provision of parking.

CONCLUSION The proposed development is consistent with State and Local Planning Policies, including Council’s Residential Neighbourhood Character Policy and complies with Clause 55 of the Banyule Planning Scheme. As such, the application should be supported with appropriate conditions.

ATTACHMENTS No.

Title

1

Architectural Plans

181

2

Additional Information

189

3

ResCode & Neighbourhood Character Assessment

193

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Author:

Joel Elbourne - Manager of Urban Planning & Building, City Development

File:

F2014/1825

EXECUTIVE SUMMARY This report presents and provides commentary on the activities for 2014-2015 of Urban Planning and Building (consisting of Development Planning, Strategic Planning and Banyule Building Permits and Inspections (BPi)).

For Development Planning, detail is provided in relation to applications received and determined, the backlog of undetermined applications, processing timeframes, planning investigations and infringements and planning appeals. Key highlights and challenges from the 2014-15 financial year include: • An 18% increase in the number of applications being determined compared *with the 2013-14 financial year.

• Introduction of the new VicSmart application process with around 50% of all VicSmart applications being processed within 10 days and approximately 40% within 30 days.

• A 15% decrease in multi-dwelling applications being lodged compared with the 2013-14 financial year.

• A drop in resolution of planning investigations of 54%.

• A 17% increase in the number of appeals lodged at the Victorian Civil and Administrative Tribunal against planning decisions.

• Continued growth in the number applications for tree removal and pruning with an increase of approximately 15% in the 2014-15 year over the previous year.

The Development Planning team have also considered the resourcing and structure in response to the Council resolution of 25 May 2015. This is detailed in the activities report along with a number of service improvements and streamlining initiatives. The basis for a new $400 service fee is also outlined to simplify the administration of the planning process by reducing the number of transactions required.

Strategic Planning have seen the conclusion to the Ivanhoe Structure Plan while delivering the Picture Watsonia Vision. The team have also made substantial progress in relation to Urban Design Guidelines for a number of precincts within the Greensborough Activity Centre which will form the basis of a Planning Scheme Amendment Exhibition while managing the Special Building Overlay up to a Planning Panel which was convened in July 2015.

BPi has continued to generate a profit for Council, by operating a business building surveying arm, as well as subsidising the statutory Building Regulation requirements of the building service. Profit for the year exceeded expectations, highlighting the efforts of the building team in continuing to perform at a high level, while maintaining a quality service. Banyule BPi is now in the final year of a five year business plan and development of the next five year business plan is well underway. Highlights from the 2014-15 financial year include: • Most successful Council in Victoria with regard to Building Permit applications and profitability.

• Continued growth in operating profit with $354,629 reported for the 2014/15

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d financial year.

•

Conducted comprehensive investigation and follow up on outstanding swimming pool permits within the municipality, as reported by the Victorian Building Authority.

•

Acquired several new industry clients through word of mouth referral and building a reputation in the building industry.

•

Reached final stage of development of electronic record storage plan for external private building surveyor Building Permit lodgements.

RECOMMENDATION That: 1.

Council notes this report including the process improvements detailed in relation to Development Planning.

2.

A new planning service fee of $400 be introduced to enable a ‘flat fee’ for public notification of planning applications.

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 On 13 September 2010, Council received the first of a number of ongoing reports regarding town planning activity at VCAT affecting Banyule City Council. That report outlined the types of appeals, the number of appeals lodged, the number of decisions received, as well as the types of decisions. Subsequent reports have presented six monthly or yearly data from 2010 to date.

The report has previously been expanded to include: • • • • • • •

Details and commentary of planning permit activity which will also be presented in six month increments; The total number of applications received and determined; and A breakdown by application type (multi-dwelling development, tree removal, subdivision, other or Section 72 Amendment).

Planning complaints/investigations (Planning Permits and the Planning Scheme); Tree removal applications; Information in relation to gross timeframes for all planning applications; and The strategic context (housing framework) in relation to VCAT decisions.

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d With the review of the management structure of the Council’s Administration in November 2014, the Urban Planning & Building Department was formed and comprises of Development Planning, Strategic Planning and Banyule Building Permits and Inspections (BPi). This report now includes the activities of Urban Planning and Building incorporating Banyule Building Permits and Inspections (BPi), Strategic Planning in additional to Development Planning.

This report also makes reference to a previous report to Council on 25 May 2015 which indicates that the staffing structure of the Development Planning team and the resource levels allocated to it should be reviewed to ensure that an appropriate service level can be achieved.

DEVELOPMENT PLANNING PLANNING PERMIT APPLICATIONS RECEIVED AND DETERMINED FOR THE 2014-15 FINANCIAL YEAR The 2013-14 financial year saw a significant increase in planning applications, resulting in a noticeable increase in live applications during the course of that year, and in particular in June 2014. The number of applications received has continued to be high throughout the 2014-15 financial year, however there has been a reduction in the number of outstanding applications from 534 at the start of the financial year to 491 at its conclusion. The number of live applications peaked at approximately 600 in early August 2014, before dropping by the end of that month.

Figure 1 – Planning Permit Applications Application numbers for the 2014-15 financial year continued to grow, with the number of applications determined being significantly more than prior years, as detailed in Figure 2 below.

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Figure 2 – Comparison with previous years This performance is particularly notable given the high number of live planning applications, and resultant increases in demands for staff time in responding to queries in relation to them.

PROCESSING TIMEFRAMES During the course of the 2014-15 financial year, the State government introduced the VicSmart application process, where the standard timeframe for consideration of simple applications is reduced from 60 days down to 10 days. Council’s experience is that this has resulted in a statistical drop in performance, in that whilst many VicSmart applications are determined within 30 days, the 10 day turnaround time has been more difficult to achieve. Therefore, whilst the number of applications dealt with within the statutory timeframe has reduced from 71% in the 2013-14 financial year to 50% in the 2014-15 financial year, in fact 60% of applications were dealt with within 60 days.

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Figure 3 – Decision times for 2014-15 In an effort to reduce the number of older applications that have not yet been determined, the Development Planning Team reviews the status of all live planning applications on a regular basis, and is specifically seeking to finalise those applications which have been with Council the longest. However, this needs to be balanced against the ongoing challenge of improving the proportion of applications determined within the Statutory Timeframe.

APPLICATIONS BY TYPE Figure 4 details the applications received by type including permit applications for tree removal, multi dwelling applications, subdivision, other permit requirements and amendments to permits.

As indicated: • The number of applications for tree removal and pruning continues to grow, with an increase of approximately 15% in the 2014-15 year over the previous year; • Applications for multi dwelling development were slightly lower than the previous vinancial year, but higher than years prior.

• The number of subdivision applications has reduced, indicating that those developments approved last year have not yet been constructed; and • The number of amendments to existing permits continues to grow from year to year.

Figure 4 - Planning permit applications received by type

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Figure 4 - Planning permit applications received by type

Figure 5 – Planning permit applications determined by type During the 2014-15 financial year staff have finalised significantly more applications than in any previous year, including substantially more applications for multi dwelling development, subdivisions, other application types, as well as amendments to permits. A total of 1699 such applications were determined, compared with approximately 1450 in the two previous financial years.

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Tree Permit Applications As detailed in Figures 4 and 5, the number of applications for tree pruning and removal continue to grow, and the number of applications determined continues to represent a significant proportion of the total applications decided.

The number of applications lodged and determined for tree removal are shown in Figure 6 below against the actual and target outstanding workload An average of 53 applications per month were lodged for the financial year, with the number of applications live in the system varying during the course of the year.

Figure 6: Tree Permit applications received and determined by month PLANNING INVESTIGATIONS An average of 23 breaches per month of Planning Permits and the Planning Scheme were brought to the attention of the Development Planning Unit each month in the 14/15 financial year which is consistent with the previous financial year.

These breaches relate to built form (such as development, overlooking and signage), land use and vegetation removal. Figure 7 below indicates the number of complaints received and closed each month.

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Figure 7 – Planning complaints/investigations and Infringement Notices initiated and finalised As detailed in Figure 7 above, 277 planning investigations were instigated in the 2014-15 financial year, which closely aligns with the number initiated in the previous year. There has been a significant reduction in the number of investigations finalised during the course of the year, and officers have been addressing this issue in recent weeks. The number of Infringement Notices issued and determined remains similar to previous years.

Figure 8 indicates the growth of the number of live planning investigations over the course of the year.

Figure 8 – Planning complaints/investigations initiated and finalised

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d Similarly, Figure 9 below indicates the number of Planning Infringement Notices issued per month and the number that have been paid or withdrawn. The number of outstanding Infringements continues to grow and this will need to be addressed in the coming year.

Figure 9 – Planning Infringement Notices Issued and Paid/Withdrawn PLANNING APPEALS APPEALS LODGED The total number of appeals received for each six month interval since 2009 is detailed in Figure 10 below. The number of appeals lodged against planning decisions was similar in the 2014-15 financial year to that lodged in 2012-13, with the intervening year seeing a reduced number of appeals.

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Figure 10 – Total appeals received by year As detailed in Figure 11, the majority of appeals lodged continue to be lodged by permit applicants. However the 2014-15 year saw an increase in the number of appeals lodged against Council’s failure to determine applications within the statutory timeframe, and a reduction in the number of appeals against conditions.

Figure 11 – Appeals lodged by type

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d DECISIONS RECEIVED As detailed in Figure 12 below, Council has traditionally lost the majority of appeals against the refusal of applications, and this has continued to be the case in the last 12 months.

Figure 12 – Outcome of refusal appeals A total of 75 Tribunal decisions were received in the 2014-15 financial year, with Council having limited success with respect to appeals by permit applicants overall.

As detailed in Figure 13, Council’s decision was set aside with respect to the majority of both appeals against refusal and against a failure to determine an application within the statutory timeframe (these applications are usually, but not always, subject to advice that Council would have refused the application given more time).

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Figure 13 – Appeal outcomes for 2014-15 The figures, however, do not indicate where an appeal results in an improved outcome when compared with an advertised proposal, and in particular: • The improvements to proposals made in substituted plans lodged prior to appeal hearings; • Instances where a mediated outcome is reached to the satisfaction of all parties; and • Instances where the Tribunal directs that a permit issue for specified tree removal which is supported by Council, where Council had refused the application due to a request to also remove additional vegetation; Notable decisions received: Greensborough Major Activity Centre There was one appeal within the Greensborough Major Activity Centre, with the Tribunal directing that a permit be granted for a 5-7 storey building at 273-275 Para Road. This is indicated as being an instance where Council’s decision following lodgement of a failure appeal was set aside, but a mediated outcome was achieved.

Heidelberg Activity Centre The Tribunal directed that permits issue for: • The amendment of the permit for 10 Martin Street Heidelberg, upholding Council’s decision; • The amendment of the permit for 210, 214 & 216 Burgundy Street, Heidelberg (Warringal Private Hospital), varying Council’s decision; • The construction of a 12 storey mixed use development at 104-120 Mount Street, Heidelberg; and the construction of ten double storey dwellings at 182 Hawdon Street, Heidelberg, overturning Council’s refusal of these applications.

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Ivanhoe Activity Centre The Ivanhoe Activity Centre was subject to a greater number of appeals than other Activity Centres during the 2014-15 financial year, and Council had mixed success in relation to them. Decisions included: • • •

•

The grant of a permit for a dual occupancy development and modification to the Section 173 Agreement at 9 Lower Heidelberg Road; Support of Council’s refusal of the application for construction of a three storey apartment building at 2 Young Street; The grant of a permit for construction of an eight level mixed apartment building at 1-5 Westley Avenue and 2 Ivanhoe Parade. This is another instance where Council’s decision was technically set aside, but a mediated outcome was achieved.

The grant of permits for the construction of multi level buildings at 1031 and 1045-1059 Heidelberg Road, overturning Council’s decisions.

Neighbourhood Residential Zone A number of sites which are now located within the Neighbourhood Residential Zone were the subject of appeal during 2014-15. The level of importance given to the purposes of the Zone, Overlay controls, neighbourhood character (and in particular vegetation impacts) varied, with decisions including support of Council’s refusal of: • • •

The construction of four dwellings (reduced from five as originally advertised) at 20 Calrossie Avenue, Montmorency.

A front fence at 4 Baranbali Drive, Greensborough.

Multi dwelling development at 33 Airlie Road Montmorency and 227 Bolton Street Eltham

Decisions also included: • • •

Support of Council’s decision to grant a permit for dual occupancy developments at 3 Ridge Road Greensborough and 46 Allumba Drive St Helena.

A mediated outcome in relation to a multi dwelling development at 66 Para Road Greensborough (where the appeal against Council’s Failure to Determine was withdrawn by the Tribunal); Nine instances where Council’s refusal or failure to determine an application was set aside, with the Tribunal directing that a permit issue in each case.

Tree removal The Tribunal directed that a permit issue for the removal of two trees at 53 Cressy Street, Montmorency. This set aside Council’s decision to refuse the removal of four trees on this site, but was consistent with Council’s position that the two most significant trees on the site were to be retained.

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d Enforcement Council successfully obtained enforcement orders in relation to the following properties during the course of the financial year: • •

195 Para Road, Greensborough (industrial land use) 158-160 Upper Heidelberg Road, Ivanhoe (display of signage – amended Order issued)

DEPARTMENTAL STRUCTURE AND REVIEW Following Council’s resolution of 25 May 2015 a review of the structure of the Development Planning Unit has been finalised and actions put in place to address concerns in relation to staff workload through the following measures: • • • • •

Further work towards the implementation of electronic filing of applications, with a view to ensuring that all new permit applications are fully electronic for the start of the 2016 calendar year.

Ongoing review of internal processes.

The employment of an additional Development Planner.

The creation of an additional Team Leader Development Planning to oversee administration, technical, enforcement and arboricultural staff.

The temporary appointment of an additional administrative staff member.

Additional work is required in relation to: •

• • •

Streamlining of processes, including the creation of a ‘flat fee’ for public notification, which would allow permit applicants to pay for this process at lodgement, rather than awaiting separate advice and an invoice during the application process. When planning applications are placed on public notification the cost of signage on site and mail out to each owner and occupier is itemised and charged to the application as a separate transaction to the initial lodgement fee. It is considered that the process could be streamlined by avoiding this additional transaction by asking for a $400 ‘flat’ advertising fee at the point of application lodgement. While this will save officer time in avoiding a second transaction and following up advertising fees which are not paid, it will also simplify an online lodgement process which the department are looking to implement in October for multi dwelling applications.

The appointment of a Team Leader Review of staffing within the arboricultural and enforcement area, particularly in light of a current vacancy in this area; A review of the type and manner of applications referred to Ward Councillors for authorisation to be dealt with under delegation.

ISSUES AND CHALLENGES In moving forward, Development Planning will need to be mindful of: • Addressing the backlog of planning applications resulting from the influx of multi-dwelling proposals in 2013-14 and the increase of application numbers over time.

• Addressing the backlog of planning investigations which are yet to be satisfactorily resolved.

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The need to improve the number of applications within 60 statutory days in line with the corporate KPI of 70%.

Achieving a high standard of communication with applicants and other community stakeholders associated with planning permit applications.

Improving the level of success at VCAT, with this to be achieved in part through appropriate resourcing, including training, use of experienced consultants and experts where appropriate.

BANYULE BPI (BUILDING SERVICES) Banyule Building Permits and Inspections (BPi) provides building permit services as a commercial business enterprise offered to clients locally and throughout Victoria with a focus on new dwellings and extensions within the growth areas of Melbourne.

BPi is committed to providing a professional building surveying service as well as meeting the statutory needs of a local Building authority. The focus remains on fulfilling the needs of ratepayers and administrating the requirements of the Building Regulations within the municipality, while pursuing a steady growth of the building surveying business arm. This continues to offset department costs associated with the statutory functions of the Municipal Building Surveyor.

Banyule BPi is now in the final year of a five year business plan and development of the next five year business plan is well underway. Key corporate and statutory obligations are being addressed with the division of the business and statutory arm of the unit. A strong customer service focus is enabling an enhanced community response. Final performance/budget measures have been achieved and more than substantially surpassed. Highlights from the previous year include: • Most successful Council in Victoria with regard to Building Permit numbers and profitability • Continued growth in operating profit with $354,629 reported for the 2014/15 financial year.

• Conducted comprehensive investigation and follow up on outstanding swimming pool permits within the municipality, as reported by the Victorian Building Authority.

• Acquired several new industry clients through word of mouth referral and building a reputation in the building industry • Reached final stage of development of electronic record storage plan for external private building surveyor Building Permit lodgements Financial performance The Building Permit business arm of the Banyule Building Department has continued to operate with a profit and the end balance of income and expenditure for the 201415 financial year is a total profit of $364,263.00, Profit of the Building Department for the 2014-15 financial year is detailed below in figure 1 with comparison to profitability of previous years. Profit growth has continued with income increasing by more than $100,000.00 compared to the previous financial year, and a significant increase since 2011-12.

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Figure 14: BPi Profit by financial year Building Permit Activity A total of 1,545 permits were issued by Banyule BPi in 2014-15. While this is 40 less than the previous financial year (see figure 15), a number of factors have contributed to an increase in profit despite a lower number of actual permits. This includes higher and more accurate quoting for applications, a greater scale and complexity of applications and fees for amendments to applications.

Figure 15: Building Permits issued by financial year

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Figure 16: Building permits issued by BPi within Banyule compared to building permits issued in other Victorian municipalities.

Figure 17: Breakdown of building permits issued by financial year.

Building permit applications received by Banyule BPi for works inside and external to the municipality were predominantly for alterations/additions to existing dwellings (1,025 applications), with 246 new dwelling permits being applied for and 72 demolition permit application submissions.

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Figure 18: Building permit types for 2014-15.

Building Inspections Building inspections for building surveying projects have increased in the last financial year, indicating that although the Building Permit numbers are remaining steady, there are now more inspections required per job, on average, than in previous years (figure 20). This indicates that more complex projects, requiring more site visits are being taken on, along with many site enquiries (i.e. enquiries and complaints from neighbours) that require site inspections.

Not-approved inspections are sent to the builder with direction for rectification, and subsequently reinspected to ensure works are brought into compliance with regulation requirements. On average, there will be at least one re-inspection required for all permit projects.

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d Figure 19 – Building inspections 2014/15

Figure 20 – Annual inspections comparison OTHER REQUESTS In addition to the processing of building permit applications and investigation of building complaints which will be addressed later in this report, the building department has a statutory obligation to process a range of information requests including ‘Report and Consent Applications’ which are outlined below and detailed in figures 21 and 22.

Report & Consent Applications Applications to vary the Building Regulation requirements are considered on a case by case basis, upon submission of a Dispensation application, also referred to as a ‘Report and Consent’ of the Building Regulations.

These applications involve assessment of proposed deviation from the regulatory requirements, including supporting reasons, consultation with neighbours, and site inspections to assess impacts of the proposal on the surrounding area.

In the 2014/15 financial year, there were 275 dispensation applications submitted for assessment which is consistent with a steady increase in such requests since 201011.

Section 29a Applications Section 29A applications are submitted in conjunction with a request to demolish a property within the municipality, or to alter the façade of a property. The application process identifies any heritage restrictions or overlays which may prevent demolition or alteration on site, and provides direction in the form B as to whether demolition consent can be granted.

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d There were a total of 268 Section 29A applications processed in the 2014/15 financial year.

Building Permit Particulars (Regulation 326 certificates) Building Permit Particulars are requested for details of Building Permits issued on a property in the preceeding ten years, details of any outstanding Building Notices and Building Orders issued on a Property, and, occasionally, details of the following property information: whether the property is subject to termite infestation, flooding, bushfire or snowfall.

Building Permit Particulars are provided in Section 32 prior to the sale of a property.

They are also often a requirement of financial institutions when an owner of a property is re - financing.

A total of 1,529 Regulation 326 (1) requests for information were processed during the 2014/15 financial year, with applications following the usual trend of increasing around October then declining towards the end of year period.

Requests for Building Permit documentation Building Permit plans and documentation can be requested from Council archives by the owner of the property, with archival Building Permit files being brought out of storage, photocopied or scanned and made available to the applicant.

There were 311 requests for archival Building Permit documentation made in the 2014/15 financial year.

Figure 21 – Statutory applications received monthly

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Figure 22 – Yearly statutory applications COMPLAINTS INVESTIGATION There were a total of 242 complaints received and logged into the BPi complaints management system between 1 July 2014 and 30 June 2015, with 161 complaints currently outstanding (Figure 23). While this average of 20 a month is slightly less than the previous financial year, less complaints were resolved and there are greater number of live complaints as a result (Figure 24).

Figure 23 – Open complaints investigations by month Figure 23 outlines open complaints investigations by month, in conjunction with complaints received and closed on a month by month basis. It should be noted that some of these are ongoing building complaint matters that have been referred to solicitors for action that are unresolved.

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Figure 24 – Annual complaints received and closed Figure 25 below outlines complaints response timeframes, indicating that approximately 80 – 90% of all complaints received monthly are acknowledged and actioned within the requisite timeframes. These figures drop off noticeably around the holiday period and again at the end of the financial year, to coincide with the departure of the previously appointed statutory enforcement officer.

Figure 25 – Monthly complaints response timeframes MAGISTRATES COURT HIGHLIGHTS Numerous legal cases were brought before the Heidelberg and Ringwood Magistrates Court, by Banyule City Council in 2014/15. These cases addressed ongoing matters relating to illegal building works, unfenced swimming pools, and dangerous buildings. All enforcement matters brought before the Magistrates Court and decided in 2014/15 were upheld by the magistrate, returning total fines (costs awarded to Council) in excess of $20,000, including recovery of legal costs.

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URBAN PLANNING AND BUILDING ACTIVITIES cont’d BUSINESS IMPROVEMENTS Over the 2014/15 financial year, Banyule BPi have focused on consolidating client relationships, equally emphasising customer service to business clients and ratepayers, with business developments designed to enhance the customer service offering across the unit. These developments have included: • • • • • •

Development and near completion of next five year business plan, with focus on a steady growth plan for the unit going forward Refinement to unit invoicing plan, in conjunction with Finance, to enable digitisation of invoices for easy client access Implemented business unit procedural refinements in accord with advice from the Victorian Building Authority Continuing professional development certificates issued by the Victorian Building Authority to all registered building inspectors and building surveyors Incorporated electronic records from Councils Document Management System into complaints management software to streamline processes, enabling more accessible file tracking and ability to generate alerts for action Introduction of risk priority settings in complaints management in accordance with the adopted Planning and Building Enforcement Framework.

STRATEGIC PLANNING In presenting strategic planning activities for the 2014/15 financial year it is also important to include the results of the Strategic Planning Department, which now sits within the Urban Planning and Building Department of Council. Key highlights for the Strategic Planning Department for the 2014/15 financial year include; • • • • • • •

Ministerial Approval of Amendment C93 to give statutory effect to the Ivanhoe Activity Centre Structure Plan.

Ministerial Approval of Amendment C94 to implement the Ivanhoe Structure Plan heritage changes and also introduce heritage protection for Saxam Homestead.

Council adoption of ‘Picture Watsonia – A Vision for Watsonia Village’ that delivers a vision for the Watsonia shopping street and train station area.

Public Exhibition of Amendment C101 to introduce a Special Building Overlay for those areas of the City that have the highest risk of inundation in major storm events.

Heritage Council Hearing of submissions in relation to Council’s nomination for Banyule Flats and Warringal Parklands to be included on the Victorian Heritage Register (VHR).

Commenced a review of three specific precincts within Greensborough Activity Centre with work continuing towards draft planning scheme amendment changes Commenced a review of council’s Outdoor Advertising Policy.

Figure 26 below shows Planning Scheme Amendments for the 2014/15 financial year that have been through a period of public exhibition and have attracted a number of submissions. It is noted that approximately 4000 people were notified with respect to Amendment C101.

The Strategic Planning Department endeavours to resolve submissions by working with submitters to understand their concerns and respond accordingly.

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Place – Sustainable Amenity and Built Environment

URBAN PLANNING AND BUILDING ACTIVITIES cont’d

Figure26 – Number of submissions received and submissions supporting or resolved CONCLUSION The 2014-15 financial year represents the first year of a restructuring of Development Planning, Strategic Planning and Banyule Building Permits and Inspections as Urban Planning and Building.

While the number of applications received by Development Planning has remained consistent, there has been an 18% increase in the number of applications being determined compared with the 2013-14 financial year which represents a substantial reduction in the backlog of applications. The introduction of the VicSmart process, development of new initiatives to streamline processes as well as the consideration of the departments resourcing and structure will be necessary to improve the service.

It is considered that the $400 ‘flat fee’ for public notification of planning applications will streamline the planning process and simplify the online lodgement process which will be implemented in October.

BPi has continued to generate a profit for Council, by operating a business building surveying arm, as well as subsidising the statutory Building Regulation requirements of the Council building service. Profit surplus for the year exceeded expectations, highlighting the efforts of building staff in continuing to perform at a high level, while maintaining a quality service.

Strategic Planning have seen the conclusion to the Ivanhoe Structure Plan while delivering the Picture Watsonia Vision. The team have also made substantial progress in relation to Urban Design Guidelines for a number of precincts within the Greensborough Activity Centre which will form the basis of a Planning Scheme Amendment Exhibition while managing the Special Building Overlay up to a Planning Panel which was convened in July 2015.

ATTACHMENTS Nil

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5.1

Participation – Community Involvement in Community Life

CHELSWORTH PARK: COMMUNITY REFERENCE GROUP UPDATE

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

Griffin

File:

F2013/1300

Previous Items Council on 4 August 2014 (Item 1.1 - Proposed Lease of Chelsworth Park to Ivanhoe Grammar School) Council on 6 October 2014 (Item 1.2 - The lease of Part of Chelsworth Park to The Ivanhoe Grammar School) Council on 10 November 2014 (Item 4.1 - Lease of Part of Chelsworth Park to Ivanhoe Grammar School) EXECUTIVE SUMMARY In November 2014 Council entered into the lease of Chelsworth Park with Ivanhoe Grammar School (IGS). This report considers the formalisation of the Community Reference Group (CRG) which is a requirement within the lease.

The CRG will provide a formal mechanism for Council to consult with key stakeholders on the use, maintenance and development of Chelsworth Park.

The Expression of Interest (EOI) was advertised for two weeks beginning 3 August 2015. Nominations closed 18 August, (3) nominations for the CRG were received and (2) nominations meet the Selection Criteria included in the Expression of Interest document.

Once the community representatives for the CRG are approved by Council, a CRG meeting will be scheduled for October 2015.

RECOMMENDATION That Council; 1.

Endorse the Chelsworth Park Community Reference Group Terms of Reference.

2.

Appoint the following persons (Names will be provided at the Council Meeting) to the Chelsworth Park Community Reference Group.

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.

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CHELSWORTH PARK: COMMUNITY REFERENCE GROUP UPDATE cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”.

BACKGROUND In November 2014 Council entered into the lease of Chelsworth Park with Ivanhoe Grammar School (IGS). The lease was executed in February 2015 and Council received the first financial contribution from Ivanhoe Grammar School for the Storm Water Harvesting Project.

The lease includes Council’s intention to formalise a Community Reference Group (CRG). The CRG will provide a formal mechanism for Council to consult with key stakeholders on the use, maintenance and development of Chelsworth Park.

The Terms of Reference (TOR) for the CRG is included in Attachment One and identifies the following membership: • two representatives of the Council  one nominated Council Officer (Chair)  the local ward Councillor • one representative of the Tenant • two community representatives selected by the Council from time to time • a representative from each Present User and Present Non-User (sports club) that is allocated use of a ground and/or building.

HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION & CONSULTATION The Expression of Interest (EOI) was advertised for two weeks beginning 3 August 2015, closing on 18 August 2015.

The EOI was advertised in the Heidelberg Leader on the 4 August 2015 and information was included on Council’s website for the two week period. A notice regarding the EOI process was email to approximately 65 people who engaged in the Chelsworth Park Lease consultation process and 49 nearby residents were also direct mailed information regarding the EOI process.

The following selection criterion was included in the EOI documentation: • Reside permanently in Banyule.

• Be available to attend meetings as per the Terms of Reference.

• Have an interest in the future of Chelsworth Park.

• Demonstrated ability to weigh up competing interests and provide a balanced perspective in relation to the future of Chelsworth Park.

CONCLUSION Council received three (3) nominations for the CRG and two nominations met the published selection criteria. Council has been provided with full detail of all nominations.

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5.1

CHELSWORTH PARK: COMMUNITY REFERENCE GROUP UPDATE cont’d Once the community representatives for the CRG have been endorsed by Council, a CRG meeting will be scheduled for October 2015.

ATTACHMENTS No.

Title

1

Chelsworth Park Lease: Terms of Reference

Ordinary Meeting of Council - 7 September 2015

Page 205

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5.2

COMMUNITY INFORMATION AND SUPPORT SERVICES - INTEGRATED SERVICE MODEL

Author: Giovanna Savini - Manager Youth & Family Services, Community Programs File:

BS34/035/003

Previous Items Council on 5 May 2014 (Item 6.3 - Community Information and Support Services Review) Council on 14 April 2014 (Item 6.3 - Community Information and Support Services Review) Council on 22 April 2013 (Item 2.1 - Relocation of Banyule Support and Information Centre (BANSIC)) EXECUTIVE SUMMARY Council resolved on 5 May 2014 to move toward an integrated community information and support service model with consideration to be given to service locations across the municipality, with preferred service sites being in the north and south moving into the future.

Council resolved to work collaboratively with Banyule Support and Information Centre (BANSIC), Diamond Valley Community Support (DVCS) and Volunteers of Banyule (VOB) as the existing service providers, to facilitate a merger of the three agencies to one new organisation that would deliver the integrated community information and support service across Banyule.

Whilst acknowledging and appreciating the hard work, efforts and good will of all involved to bring the proposed merger to fruition, it became clear from discussions and proposals presented by each of the agencies that a collaborative merger was no longer possible or viable.

Various options have been proposed and given due consideration however it is considered the best way forward to achieve an integrated service delivery model as previously resolved by Council is via a public tender process with each of the existing agencies invited to apply.

RECOMMENDATION That Council: 1.

Reconfirm its commitment to an integrated community information and support service model with a service presence in the geographic locations of Heidelberg West and Greensborough;

2.

Advertise via a public tender process for the delivery of an Integrated Information and Support Service across Banyule.

3.

Formally thank the Committees of Management, their staff and volunteers of the Banyule Support and Information Centre (BANSIC), Diamond Valley Community Support (DVCS) and Volunteers of Banyule (VOB) for their commitment and community service over the years and formally advise them of

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Participation – Community Involvement in Community Life

COMMUNITY INFORMATION AND SUPPORT SERVICES - INTEGRATED SERVICE MODEL cont’d Council’s intention regarding future service delivery inviting them to participate in the public tender process; 4.

Enter into a service level agreement defining service outcomes and funding and lease arrangements with Banyule Support and Information Centre (BANSIC), Diamond Valley Community Support (DVCS) and Volunteers of Banyule (VOB) for the continuation of services to the Banyule community during the tender process.

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 “develop and deliver best value services and facilities”.

BACKGROUND On 5 May 2014, Council resolved to move toward an integrated community information and support service model with consideration to be given to service locations across the municipality on preferred service sites in the north and south moving forward into the future.

Letters were issued to the three agencies currently providing services across the municipality being BANSIC, DVCS and VOB on 19 May 2014, commending them on their enduring commitment to meeting the information and support needs of the communities of Banyule, formally advising of the Council resolution and inviting them to be part of the new integrated service model.

To deliver on this resolution, three concurrent and significant projects were undertaken over the subsequent months: 1. The establishment of a Community Services Hub at Shop 48 The Mall, West Heidelberg ($400,000 Capital Works budget allocated in 2014/15) 2. The termination of the current lease by Council and occupied by BANSIC at 101 Burgundy St, Heidelberg from 31st December 2014; 3. The merger of the three agencies: Volunteers of Banyule (VOB), BANSIC and Diamond Valley Community Support (DVCS).

1. Community Service Hub at Shop 48 The Mall, West Heidelberg The rationale for determining Heidelberg West, The Mall specifically as the best location for an information services hub was in response to a number of drivers.

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5.2

Participation – Community Involvement in Community Life

COMMUNITY INFORMATION AND SUPPORT SERVICES - INTEGRATED SERVICE MODEL cont’d In 2009 the Bell Street Mall Urban Design Framework (UDF) and Master Plan was adopted by Council (Resolution FPOC.61 23/11/2009), as the culmination of a comprehensive community consultation exercise. The master plan includes a proposed community hub, with the following principle guiding its development: “The whole community will feel welcome and safe in a place that has been designed to enrich the community.”

Heidelberg West is classified as a highly disadvantaged area and culturally diverse.

As part of a broader community plan to develop the community to become more selfsufficient and resilient, locating community information and support services in this area was deemed to be a valuable resource.

Council proceeded with this locality decision and secured a lease at Shop 48 The Mall, Heidelberg West in October 2014. The fit out construction works are underway with completion anticipated in October 2015.

2. Termination of lease at 101 Burgundy Street Heidelberg and relocation of agency The lease at 101 Burgundy Street terminated effective 31 December 2014. BANSIC was relocated to 80 Hawdon Street Heidelberg in a colocation model with VOB. This was seen as a positive solution for BANSIC as their service provision was able to continue from the new site. It was also complimentary to the broader vision to formalise an integrated service.

3. The merger of the three agencies toward establishment of an integrated community information and support service Community Information Services Victoria (CISVIC) is the peak body in Victoria for Community Information and Support Services. CISVIC actively engaged in discussions with all three agencies and adopted a leadership role on their behalf to assist them in moving towards a formal merger.

Glenburn Consulting was further engaged by CISVIC to facilitate the merger process and work closely with all three agencies. Council officers also actively supported the negotiated merger process and engaged at key stages.

Subsequently, in December 2014 an MOU was signed by the three agencies agreeing to move forward to a new merged entity, appointing DVCS as the lead agency and an interim board was established. Membership of the interim board included a representative from each of the three agencies and a treasurer. The role of the interim board was to coordinate the transition phase on behalf of the three services toward a formal amalgamation.

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.

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5.2

COMMUNITY INFORMATION AND SUPPORT SERVICES - INTEGRATED SERVICE MODEL cont’d 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 Following the signing of the MOU in December 2014 the Interim Board worked tirelessly together with the goal of achieving a collaborative amalgamation. This included the establishment of various sub committees and engagement of external legal and other professional services as needed. However during the months of June and July 2015 Council received various communications from the respective three agencies identifying a clear breakdown in relationships affecting the progress toward a merger outcome.

Council officers undertook to meet with the respective agencies to explore their concerns raised in an effort to assist in resolving the issues.

Whilst acknowledging and appreciating the efforts and good will of all involved to bring the proposed merger to fruition, it became clear from discussions and proposals presented by each of the agencies that the negotiations between the three agencies had reached a point of opposing positions, making achieving a collaborative merger no longer possible.

The fit out of Shop 48 anticipated for completion in October 2015. It is considered a priority for Council to resolve the community information support service provision model as soon possible to enable the service delivery to commence from the West Heidelberg site.

DISCUSSION Council has resolved and committed to moving to an integrated regional community information and support service model. An attempt to achieve this through a negotiated merger outcome between the existing service agencies DVCS, BANSIC and VOB is no longer possible.

The following three options are presented for consideration; OPTION 1 - Council to intervene and prescribe to the three agencies firm conditions to move the merger forward, if they wish to retain Council’s provision of accommodation and funding levels.

Prescribed conditions would include: • Removal of existing members and nomination of new members to the Merger Interim Board.

• Council membership on new Board • Preferred legal approach to merger to ensure retention of relevant charity statuses.

• Strict implementation timeline

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COMMUNITY INFORMATION AND SUPPORT SERVICES - INTEGRATED SERVICE MODEL cont’d Considerations •

•

Achieving a new interim board of non-affected members is unlikely as the relationship breakdown appears to involve all respective agency board and committee members.

It is not general core business for Council to intervene in the structure of incorporated bodies.

OPTION 2 - Council move to an public tender process for an Integrated Information and Support Service provider.

Considerations •

• •

•

Enables Council to achieve the vision of an integrated service delivery across the north and south of the municipality (North - Greensborough & South – Heidelberg West) Allows for existing agencies to retain their individual organisational standing and tender in their own right.

Proportional disbursement of 2015/16 operating budget to respective agencies to be determined to ensure service continuity during the tender process.

In readiness for the new awarded tender, relevant property lease notices would be issued on the existing service site users with a minimum three month notice period.

OPTION 3 – Twelve (12) Month transition incorporating agency proposals received

by Council.

Considerations • •

Doesn’t achieve Council resolution of an integrated service model across the Banyule municipality.

Existing operational funding distribution doesn’t allow for operational costs required for running Shop 48 The Mall.

CONCLUSION Council acknowledges all agencies for their commitment to date, however it has become evident from discussions and proposals put forward by all parties involved that a collaborative merger is no longer possible.

The fit out of Shop 48 is anticipated for completion in October 2015. It is considered a priority for Council to resolve the community information support service provision model as soon possible to enable the service delivery to commence from of the West Heidelberg site.

In considering the various options proposed, it is considered the best way forward to achieve an integrated service delivery model is via a public tender process with each of the existing agencies invited to apply.

ATTACHMENTS Nil

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5.3

INCLUSION, ACCESS AND EQUITY ACHIEVEMENTS REPORT

Author:

India Mortlock - Community & Social Planner, Community Programs

File:

F2015/167

5.3

Participation – Community Involvement in Community Life

EXECUTIVE SUMMARY The Inclusion, Access and Equity Achievements Report 2014/15 (Attachment 1) captures the highlights from the first year of Council’s work in Inclusion, Access and Equity.

The Inclusion Access and Equity Framework guides how Council works with diverse communities in Banyule.

The framework is supported by four specific plans: • Multicultural Plan 2014-17 • Disability Action Plan 2014-16 • Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Plan 2014-17 • Aboriginal and Torres Strait Islander Plan 2014-17 RECOMMENDATION That Council 1. Note the Inclusion, Access and Equity Achievements Report 2014/15, and 2. Continue implementing the actions of the Multicultural Plan, Disability Action Plan, LGBTI Plan and Aboriginal and Torres Strait Islander Plan and work alongside the community on projects and activities that assist diverse communities.

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 “encourage diverse and inclusive community participation”.

BACKGROUND In December 2014, Council adopted the Inclusion Access and Equity Framework which sets out goals and strategies for working with Banyule’s diverse communities.

There are four plans that sit under the Inclusion, Access and Equity Framework: - Multicultural Plan 2014-17

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INCLUSION, ACCESS AND EQUITY ACHIEVEMENTS REPORT cont’d -

Aboriginal and Torres Strait Islander Plan 2014-17 LGBTI Plan 2014-17 Disability Action Plan 2014-16

The three goals of the Inclusion Access and Equity Framework and related plans are to increase: - Health and Wellbeing; - Community Participation; and - Economic Participation.

The three strategies that Council uses to achieve these goals for each of its diverse communities are: - Improving access and equity in Council services and practices; - Partnership with community organisations and advocacy; and - Increasing community awareness.

The Multicultural Plan, LGBTI Plan and Aboriginal and Torres Strait Islander Plan will guide Council’s work over three years, from 2014-2017. The Disability Action Plan 2014-16 guides Council’s work over two years from 2014-16. Council is currently consulting on the development of the Disability Action Plan 2016-19.

Council also develops 12 month implementation plans for all four plans, outlining the specific actions that Council will take each year. Council will produce a report every twelve months to capture the achievements and identify any new challenges and issues requiring attention.

Council’s work is guided by Advisory Committees, however these have been established at different times. The Multicultural Advisory Committee and LGBTI Advisory Committee were established in March 2014 and assisted Council to develop and implement the Multicultural and LGBTI Plans, respectively. Council’s Disability and Inclusion Advisory Committee was established in December 2014 and Council has worked with the Committee since that time to implement the Disability Action Plan.

During 2014/15 Council did not have an Aboriginal and Torres Strait Islander Advisory Committee. Council worked with the Committee of the Babarrbunin Beek Gathering Place to implement the first year of the Aboriginal and Torres Strait Islander Plan. Note that Council resolved to establish an Aboriginal and Torres Strait Islander Advisory Committee on 6 July 2015 and the Committee met for the first time on 27 August 2015.

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 negative human rights issues.

The nature of Council’s work in Inclusion Access and Equity in fact enhances Council’s advocacy function in affirming the individual’s rights to freedom of expression especially in underrepresented groups in our community.

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INCLUSION, ACCESS AND EQUITY ACHIEVEMENTS REPORT cont’d

It is considered that Council’s Inclusion Access and Equity Framework and associated plans enhance the individual’s rights to Freedom of Expression as contained in section 15 of the Charter and Cultural Rights as contained in section 19 of the Charter.

CURRENT SITUATION The Inclusion Access and Equity Achievements Report (Attachment 1) captures Council’s achievements through its Disability Plan, Multicultural Plan, LGBTI Plan and Aboriginal and Torres Strait Islander Plan in 2014/15. The table below is brief summary of the Achievements Report.

Plans Multicultural Plan

Number of actions 25

% Completed

Highlights

90%

• •

Disability Action Plan

16

75%

•

• LGBTI Plan

24

91%

•

•

Aboriginal and Torres Strait Islander Plan

31

84%

•

•

Ordinary Meeting of Council - 7 September 2015

Council becoming a Refugee Welcome Zone Delivering a program of events to mark Cultural Diversity Week Piloting a ‘Work inspirations’ work experience program for students with additional learning needs Hosting the ‘We’ Inclusive Arts exhibition Providing 150 Home and Community Care staff with LGBTI awareness training Participating for the first time in the annual Pride March in St Kilda.

Establishing the Aboriginal and Torres Strait Islander Advisory Committee Developing a 12 month Aboriginal cultural education curriculum for all five of Banyule’s children’s service centres

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5.3

Participation – Community Involvement in Community Life

INCLUSION, ACCESS AND EQUITY ACHIEVEMENTS REPORT cont’d Council is currently implementing the second year of the Multicultural, Disability, LGBTI and Aboriginal and Torres Strait Islander Plans. Council will produce a report on the achievements and opportunities for improvement for these Plans in September 2016.

The Inclusion, Access and Equity Achievements Report is available on Council’s website and in Council service centres and the Rosanna, Ivanhoe and Watsonia libraries.

CONCLUSION The Inclusion Access and Equity Achievements Reports captures the highlights in 2014/15 of Council’s Inclusion, Access and Equity Plans. These Plans are the Multicultural Plan, Disability Plan, LGBTI Plan and Aboriginal and Torres Strait Islander Plan.

ATTACHMENTS No.

Title

1

Inclusion, Access and Equity Achievements Report

Ordinary Meeting of Council - 7 September 2015

Page 207

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6.1

14 IVANHOE PARADE, IVANHOE - DECISION FOLLOWING NOTICE OF INTENTION TO SELL

Author: Joseph Tabacco - Manager Property & Economic Development, City Development Ward:

Griffin

File:

2014/5858

Previous Items Council on 27 April 2015 (Item 11.2 - 14 Ivanhoe Parade, Ivanhoe - Notice of Intention to Sell) Council on 6 July 2015 (Item 1.2 - 14 Ivanhoe Parade Ivanhoe - Proposed sale of land - Petition) Council on 20 July 2015 (Item 6.2 - 14 Ivanhoe Parade Ivanhoe - Proposed sale of land - Hearing Submissions) EXECUTIVE SUMMARY Having considered 76 written submissions, including one petition, and heard from eight submitters, including the primary petitioner at a meeting of Council held on 20 July 2015, it is evident that many people in the community and some members of user groups currently utilising 14 Ivanhoe Parade, Ivanhoe (subject land) do not support the proposed sale of the land and improvements.

There is a compelling reason for proceeding with the sale of the subject land.

However, the procurement of concept and detailed designs for the Ivanhoe Community Hub project, including construction timeframes, will be important in providing stakeholders and the community with further evidence of Council’s commitment to delivering a new home for the Ivanhoe arts centre (Hatch Contemporary Arts Space) and meeting space currently occupied by U3A. Such information will provide stakeholders with a higher degree of comfort and reassurance relative to the issues raised in received submissions.

As a result of the consultative process, and consistent with community sentiment, it is considered that Council should abandon the current Notice of Intention to Sell process and consider reinitiating a new process upon successful preparation and completion of concept and detailed designs associated with the proposed Ivanhoe Community Hub. RECOMMENDATION That Council: 1.

Having heard submitters and considered submissions received in relation to Council’s intention to sell the land and buildings at 14 Ivanhoe Parade Ivanhoe (subject land) in accordance with sections 189 and 223 of the Local Government Act 1989 at its Ordinary Meeting of 20 July 2015, abandons the current Notice of Intention to Sell process associated with the subject site because of uncertainty within the community as to the timing and delivery of the Ivanhoe Community Hub.

2. Receive a report which seeks to instigate a separate Notice of Intention to

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6.1

Performance - Use Our Resources Wisely

6.1

Performance - Use Our Resources Wisely

14 IVANHOE PARADE, IVANHOE - DECISION FOLLOWING NOTICE OF INTENTION TO SELL cont’d Sell process at a future stage, following the preparation of detailed designs for the proposed Ivanhoe Community Hub. 3. Notify submitters of Council’s decision and the reason for the decision.

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 Public Notice of Council’s intention to sell 14 Ivanhoe Parade (subject land) was given in the “Heidelberg Leader” on 26 May 2015, with written submissions on the proposal invited in accordance with section 223 of the Act. The statutory submission period of 28 days, closed on 23 June 2015. Due to the heightened interest surrounding this matter, the submission period was extended to 3 July 2015.

A total of 76 written submissions, including one petition, were received. Eight submitters, including the primary petitioner requested to be heard in support of their written submissions, before a meeting of Council held on 20 July 2015.

ISSUES The main issues raised in the submissions related to the relocation of the existing users.

Other issues raised in the submissions include: • Doubts as to Council’s commitment to the Ivanhoe Community Hub • Deferring a decision until the Ivanhoe Community Hub is completed • Retention for future community uses • Loss of hall hire opportunities in Ivanhoe Council’s goal is to create a new community learning hub in Ivanhoe which will include a purpose built arts facility. Furthermore, the Ivanhoe Community Hub is a significant element of the Ivanhoe Civic Precinct Masterplan.

The desire to progress the Ivanhoe Civic Precinct Masterplan and the Ivanhoe Community Hub influenced Council’s decision to consider the sale of the subject land. Consistent with this, tenders calling for the appointment of an architechtural consultant to design the Ivanhoe Community Hub was advertised in the “The Age” on Saturday 11 July 2015, with the following timelines:

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Performance - Use Our Resources Wisely

Request for Tenders closing date Engagement of Architect Phase 1 - Planning & Concept Design

6.1

14 IVANHOE PARADE, IVANHOE - DECISION FOLLOWING NOTICE OF INTENTION TO SELL cont’d

11 August 2015 September 2015 September 2015 – March 2016

Locality Plan

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 proposed recommendation does not raise any human rights issues.

CURRENT SITUATION Having received and considered submissions and a petition in relation to the proposal, it is evident that there is uncertainty for many people in the community as to the timing and delivery of the Ivanhoe Community Hub which relies in part on the proposed sale of 14 Ivanhoe Parade for delivery.

Given that each of the current user groups have been consulted and offered alternative temporary accommodation to conduct their operations whilst the Ivanhoe Community Hub is constructed, there remains a strong case for Council to proceed with the sale of the subject land. The property market is extremely buoyant, with strong demand for properties located within Ivanhoe and particularly for those situated within the area defined by the Ivanhoe Structure Plan.

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14 IVANHOE PARADE, IVANHOE - DECISION FOLLOWING NOTICE OF INTENTION TO SELL cont’d However, in light of current community sentiment and uncertainties in relation to the precise timing of completed concept and detailed designs including construction of the Ivanhoe Community Hub project, it is appropriate for Council to consider withholding an immediate plan to offer the subject land to the marketplace for sale.

Council may wish to proceed with a new ‘Notice of Intention to Sell’ process at a future stage, parallel to further information and timelines being established.

CONSULTATION In addition to the Public Notice advertisement being published in the Heidelberg Leader, which invited submissions, a frequently asked questions flyer was prepared and circulated. All material relating to the proposal was also uploaded to Council’s website. Furthermore, the following user group meetings were also facilitated by Council officers to discuss the notice of intention to sell: 21 May 2015 4 June 2015 25 June 2015 26 June 2015 7 July 2015 15 July 2015

4:00pm 6:00pm 2:30pm 6:00pm 6:00pm 11:30am 11:00am 2-3pm

Meeting with U3A Meeting with combined arts advisory groups Follow-up meeting with arts advisory groups Meeting with Hatch Contemporary Art Space volunteers Hatch Advisory Group U3A Executive Committee U3A Executive Committee U3A Executive Committee and wider members

DISCUSSION The giving of public notice of Council’s intention to sell does not compel Council to sell the land.

Having complied with its statutory obligations under the Act to give public notice and to hear and consider written submissions, it is now appropriate for Council to make its decision.

TIMELINES Whilst this report recommends that Council abandon the current ‘Notice of Intention to Sell’ process, it remains appropriate for Council to instigate a renewed process once more certainty emerges in relation to the finalisation of concept plans and detailed designs for the proposed Ivanhoe Community Hub. Such information is likely to provide further reassurance and evidence of Council’s commitment to delivering the Ivanhoe Community Hub project.

CONCLUSION Council’s desire to progress the Ivanhoe Civic Precinct Masterplan and the Ivanhoe Community Hub remains a priority.

Notwithstanding any decision to abandon the current Notice of Intention to Sell process, Council will need to revisit the potential sale of the site, including further community and stakeholder consultation at a future date.

ATTACHMENTS Nil

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6.2

ASSEMBLY OF COUNCILLORS

Author:

Cindy Ho - Governance Officer, Corporate Services

File:

F2015/337

6.2

Performance - Use Our Resources Wisely

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

2

Date of Assembly:

10 August 2015

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

1.

2.

3.

Councillors Present:

Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Joseph Tabacco – Manager Property & Economic Development Jeanette Kringle – Coordinator Property

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

12 August 2015

Ordinary Meeting of Council - 7 September 2015

Contractual Matters Contractual Matters Contractual Matters

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6.2

Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d Type of Meeting:

Banyule Environmental Advisory Committee (BEAC)

Matters Considered:

•

Environmental Sustainability Grants 2015 – Reviewed Guidelines & Applications Change Makers Event – Evaluation Role for BEAC members A Complex Problem Requires a Complex Solution – Carbonisation Electric Buses in China & the Integrated Transport Plan Sustainable House Day – 13 September Spring Outdoors Program

• • • • •

3

Councillors Present:

Steven Briffa Craig Langdon

Staff Present:

Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Fleur Anderson – Environmental Officer

Others Present:

Community Representatives: Alan Leenaerts (Interim Chair) Matt Hall, Peter Castaldo Kate Roberts Johnathan Thom Denise Fernando

Conflict of Interest:

Nil

Date of Assembly:

17 August 2015

Type of Meeting:

Councillor Briefing

Matters

Items on the Council Agenda for the Ordinary Meeting of 17 August 2015 as listed below:

Considered:

2.1 3.1 4.1 4.2 4.3

5.1 6.1 6.2 6.3

Ordinary Meeting of Council - 7 September 2015

2016-2017 Community Sport Infrastructure Fund Procurement Policy Review of the Heritage Act 1995 Banksia Community Stadium: Community Consultation Extension of time to planning permit for a mixed use development at 40 Upper Heidelberg Road, Ivanhoe Council Meeting Dates for 2016 22 and 24 Peters Street Watsonia Proposed Sale of Land Service Level Agreement - NORTH Link Further Submission to Essential

Page 78

ASSEMBLY OF COUNCILLORS cont’d Services Commission Items for Noting Assembly of Councillors Sealing of Documents Traffic Investigation - Frye Street, Meakin Street and Trist Street, Watsonia North 8.2 Local Council Motion of Support Marriage Equality 9. General Business • Panel National Womens Meeting • Graffiti Management Strategy Launch 6.4 6.5 7.1 8.1

11.

11.1 11.2 11.3 Councillors Present:

4

Confidential Contractual matters Contractual matters & legal advice Contractual matters

Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Joseph Tabacco – Manager Property & Economic Development

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

6 August 2015

Type of Meeting:

Banyule Multicultural Advisory Meeting (BMAC)

Matters Considered:

Business Arising • Update – Extension of Racism. It Stops With Me Campaign • Update – Submission regarding reforms to Australian Citizenship • Support to Refugees and Asylum Seekers in Banyule • Banyule Integrated Transport Plan 2035 • Summary of Survey Results on year one of the Committee

Ordinary Meeting of Council - 7 September 2015

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6.2

Performance - Use Our Resources Wisely

6.2

Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d • •

5

Multicultural Plan – Achievements Report Presentation – Voices Against Bigotry

Councillors Present:

Steven Briffa Mark Di Pasquale

Staff Present:

Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner Kathleen Petras – Transport Engineer

Others Present:

Albert Fatileh Beverly Moss George Giuliani Simeon Yang Essan Dilleri Rosemary Crosthwaite Maxine Mathews Ryoko Williams Gillian Hirst Uma Vijay

Conflict of Interest:

Nil

Date of Assembly:

11 August 2015

Type of Meeting:

Lesbian Gay Bisexual Transgender Intersex (LGBTI) Advisory Committee

Matters Considered:

Business Arising • Invitation to Jenny Macklin to attend meeting • Council Support for Marriage Equality • Supporting businesses to engage the LGBTI Community • LGBTI Plan Achievements Report • Midsumma Festival 2016 • Emerging Advocacy Issues

Councillors Present:

Craig Langdon Jenny Mulholland

Staff Present:

Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner

Others Present:

Nicole Coad Sharelle Rowe Rachel Jovic Karen Joy Mccoll

Ordinary Meeting of Council - 7 September 2015

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Performance - Use Our Resources Wisely

6.2

ASSEMBLY OF COUNCILLORS cont’d Meaghan Holden Samantha Soggee Paul Wiseman Conflict of Interest:

Nil

RECOMMENDATION That the Assembly of Councillors report be received.

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 81

6.3

CONTRACT FOR PROVISION OF ONSITE PUBLIC NOTIFICATION OF PLANNING PERMIT APPLICATIONS

Author:

Joel Elbourne - Manager of Urban Planning & Building, City Development

File:

F2015/2528

Previous Items Council on 4 February 2013 (Item 4.2 - Introduction of Public Advertising Outsource Fee for Planning Permit Applications) EXECUTIVE SUMMARY A new public notification process for the placement of onsite notification signage was introduced in February 2013 for Planning Permit Application Notices. The process has resulted in service improvements and administration efficiencies. However, the estimated expenditure of the contract associated with this service will exceed the thresholds set out in Banyule’s Procurement Policy.

A public tender process has been undertaken and following evaluation of two tenders, it is recommended that Council award the contract to Planning Notices R Us. RECOMMENDATION That: 1.

Contract 0856-2016 be awarded for the provision of Statutory Public Notification Signage for Planning Applications to Planning Notices R Us ATF R. & B. Morcombe Family Trust 2.

That extension options available under the contract be exercised under delegation by the Chief Executive Officer if required.

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 The Development Planning Team introduced a new public notification process on 11 February 2013 for the placement of onsite notification signage. The new process relied on a contractor preparing and placing public notification signage on land associated with particular planning applications instead of applicants carrying out this

Ordinary Meeting of Council - 7 September 2015

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6.3

Performance - Use Our Resources Wisely

CONTRACT FOR PROVISION OF ONSITE PUBLIC NOTIFICATION OF PLANNING PERMIT APPLICATIONS cont’d activity themselves. In order to cover the ongoing fees incurred by the use of a contractor for this process as well as Council’s associated labour cost, Council introduced a new fee to the permit applicant. The fee also made provision for the expected percentage of incidents where a damaged or vandalised sign needs to be replaced by the contractor.

The process has resulted in service improvements and administration efficiencies.

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 The tender was advertised in The Age on 11 July 2015 and when tenders closed on 4 August 2015, two tenders had been submitted.

Following evaluation of the tenders, Planning Notices R Us has been evaluated as being the preferred tender.

FUNDING IMPLICATIONS The costs associated with this contract are covered by fee for service charged to permit applicants. The fee is evaluated annually during Council’s normal budget process.

CONCLUSION Following evaluation of the two tenders received, it is recommended that Contract 0856-2016 be awarded for the provision of Statutory public notification Signage for Planning Applications to Planning Notices R Us ATF R. & B. Morcombe Family Trust.

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 83

6.3

Performance - Use Our Resources Wisely

6.4

PROCUREMENT OF ENERGY SOURCES

Author:

David McCutcheon - Senior Contracts Officer, Corporate Services

File:

F2015

6.4

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY Council relies on the availability of electricity and natural gas to ensure the successful operation of its many facilities and the continued safety provided by public lighting.

The ability to purchase reliable energy sources at the most cost effective price is critical in ensuring that Council’s operational expenses are minimised.

Council has historically utilised the separate Procurement Australia collaborative contracts for provision of: • • •

electricity for large and small sites natural gas for large and small sites electricity for public lighting

Each of these existing Procurement Australia contracts are due to expire between now and 31 July 2016.

Procurement Australia proposes to aggregate all these services into the one tender.

This report seeks Council’s approval to participate in the Procurement Australia proposed tender for the provision of energy for the next 2 years with the option to extend by a further 1 year. Each of these existing Procurement Australia contracts are due to expire between now and 31 July 2016.

Procurement Australia proposes to aggregate all these services into the one tender.

This report seeks Council’s approval to participate in the Procurement Australia proposed tender for the provision of energy for the next 2 years with the option to extend by a further 1 year.

RECOMMENDATION That Council agrees to participate in the Procurement Australia energy services tender and subject to acceptable tenders being received, execute the Energy Services Agreements.

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.

Ordinary Meeting of Council - 7 September 2015

Page 84

PROCUREMENT OF ENERGY SOURCES cont’d 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 currently purchases energy sources for its facilities and public lighting from AGL under separate Procurement Australia contracts. These energy sources are: • • •

electricity for large and small sites natural gas for large and small sites electricity for public lighting

As per the 2015 Council Annual Report $2.9 million was spent on gas and electricity.

The current Procurement Australia contracts were awarded following collaborative tenders that were run on behalf of at least 50 Councils or Shires, many Water Boards and State and Federal Government entities. This type of procurement model guarantees that the best energy tariffs are obtained simply through the significant energy loads required to operate the facilities of these organisations.

The three existing contracts are due to expire between now and 31 July 2016 and Procurement Australia proposes to undertake a single collaborative tender to enable contract(s) to be awarded for a further 2 years with 1 year extension option. It is expected that the proposed tender will result in achieving similarly attractive tariffs for the contracts.

The only alternative opportunity for Council to join a similar collaborative tender is via a MAV Procurement contract. This is not a viable option as the roll over to replacement contracts(s) would not be immediate requiring Council to seek alternative arrangements that would ultimately be at much higher tariffs for the next 1 (gas) to 2 (electricity)years, when that organisation’s existing contracts expire.

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.

Ordinary Meeting of Council - 7 September 2015

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6.4

Performance - Use Our Resources Wisely

6.4

Performance - Use Our Resources Wisely

PROCUREMENT OF ENERGY SOURCES cont’d CONCLUSION A shared procurement process as proposed by Procurement Australia has enabled very competitive and attractive tarrifs to date. This report recommends that a similar process be engaged by Council to ensure the best outcome for the Banyule community.

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 86

8.1

BUSKING PILOT PROJECT

Author:

Cr Rick Garotti

File:

F2014/492

8.1

Notice of Motion

TAKE NOTICE that it is my intention to move:

That: 1.

Council investigate the development and initiation of a project to trial busking in the Watsonia Shopping Centre, which may consider: a) Noise, nuisance and other environmental impacts on traders, shoppers and visitors to shopping centres; b) Ongoing viability, including fees and charges; c) Quality assurance, including securing performers that meet defined expectations.

2.

The investigations should occur in consultation with the Ward Councillor and the Watsonia Traders Association.

Explanation Council has a strong track record in supporting our shopping centres to act as hubs for commercial activity, and places where people meet and gather. Banyule’s eleven special rate and charge schemes play a key role in this support, by providing local traders with resources to market and promote their areas, as well as generate new initiatives that seek to improve our shopping centres.

Trader Associations manage a range of activity in centres each year, including major events, community celebrations and promotional initiatives. The thrust of all of this activity is to sustain our shopping centres by generating activity and interest and attracting more custom. Council’s commitment towards shopping centres is articulated in the City Plan under the Place theme, where Key Direction 3.3 is to: “Support thriving commercial and retail activity”. Busking and street performance could contribute to Council’s support for activating shopping centres and may complement other initiatives, managed by traders’ associations, to generate interest and excitement within Banyule’s retail areas.

There are clear aspirations in Council’s strategic vision for Watsonia, Picture Watsonia, to bring more activity and vibrancy to Watsonia to support and develop its ongoing role as a centre of commercial and community activity. One specific initiative that Council recently resolved on is the potential temporary closure of Ibbotson Street. Council resolved at its 25 May 2015 meeting to: “Begin consulting with the local residents about the possible temporary closure of the south west end of Ibbottson Street to create a temporary town square.”

Any consideration of busking activity could be made in conjunction with the aspiration to create a temporary new ‘centre’ for Watsonia.

Ordinary Meeting of Council - 7 September 2015

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8.1

Notice of Motion

BUSKING PILOT PROJECT cont’d Busking within Banyule requires a permit under the Local Law No1 2015. Clause 5.3 stipulates that “a person must not, without a permit busk on a road or Council land” Council’s Fees and Charges for 2015/16 determine that the fee for such a permit is $160.00 per day.

While busking can be permitted, fees are sufficiently high for busking to be unattractive to any performer wishing to make a return on their investment (of time and permit costs).

Note that busking is not confined to just musical performance, it is defined within Banyule’s Local Law as: “entertainment that includes playing a musical instrument, singing, conjuring, juggling, mime, mimicry, dance, puppetry, performance art, pavement drawing of any form, recitation and other appropriate theatrical and visual forms.”

CR RICK GAROTTI Grimshaw Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 88

8.2

NATIONAL ALLIANCE FOR GAMBLING REFORM

Author:

Cr Tom Melican

File:

F2014/492-02

8.2

Notice of Motion

TAKE NOTICE that it is my intention to move:

“That Council consider becoming an ‘Alliance Supporter’ of the Alliance for Gambling Reform and a report be presented back to Council on the details of the Alliance program and the campaign plan.”

Explanation The Alliance for Gambling Reform (Alliance) is a newly-formed national collaboration of organisations with a shared concern about the harmful impacts of gambling in Australia. The Alliance seeks to campaign for reforms to the gambling industry to reduce harm from gambling. Initially, the Alliance will focus on poker machine related harm through supporting a $1.00 per spin bet limit in Victoria and seeking licensing changes to address the increasing practice of gaming operators shifting existing machines into more vulnerable communities.

The mission of the Alliance aligns closely with, and builds upon, the local government led Enough Pokies campaign which Council was a participant in last year in the lead up to the state election.

Alliance campaign activity is due to launch later in 2015 and will be seeking support from councils through assisting with coordinating localised community campaigns and events aligning with the national campaign.

The Alliance board will oversee the implementation of the Alliance campaign plan and a National Campaign Manager has been engaged to implement and execute the campaign.

A report to Council to seek Council’s endorsement for involvement in supporting the Alliance and its campaign plan is required.

CR TOM MELICAN Ibbott Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 89

8.3

TRANSPORT ISSUES IN BANYULE

Author:

Cr Tom Melican

File:

F2013/632

8.3

Notice of Motion

TAKE NOTICE that it is my intention to move:

1.

“That Council write to the Minister for Roads and Road Safety and the Chief Executive Officer of VicRoads requesting to meet with them to discuss: a) b)

Traffic and road safety issues within Banyule in general; and A process to develop short, medium and long term plans to address traffic and safety issues within Banyule.�

Explanation The ongoing safety and amenity concerns on Rosanna Road and Greensborough Highway are not adequately addressed by a trial truck ban during night-time periods.

A more deliberate course of action and plan in the short, middle and long term is required to manage the problems that occur along the route.

The intersection of Lower Plenty Road / Rosanna Road / Greensborough Highway is particularly unsafe with many crashes occurring as vehicles lose control travelling around the corners and smash into surround properties.

There has been no guidance or certainty about the North East Link and its alignment.

Many transport issues in Banyule could be addressed by an orbital freeway connection between Greensborough and east of the Mullam Mullam tunnel on EastLink.

CR TOM MELICAN Ibbott Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 90

8.4

50TH ANNIVERSARY OF THE BATTLE OF LONG TAN (VIETNAM VETERANS DAY)

Author:

Cr Craig Langdon, Cr Steven Briffa & Cr Jenny Mulholland

File:

F2014/492

8.4

Notice of Motion

TAKE NOTICE that it is my intention to move: “That: 1. Council investigate with Anzac House, all the local RSL's and Vietnam Veterans groups how best to commemorate the 50th Anniversary of the Battle of Long Tan (Vietnam Veterans Day) on August 18th 2016 within the City of Banyule.

2. A Report be presented back to Council including an investigation on: (a) participation (by invitation) to all local RSL Vietnam Veterans to march down Burgundy Street as part of the Banyule Festival. (b) a display in the lead up to Vietnam Veterans Day (similar to the Anzac event at the Hatch this year) (c) a display of 520 white crosses to honour those who died in the Vietnam conflict both in the North and the South of the City at possible locations like Petrie Park in Montmorency and Remembrance Park in Heidelberg/Eaglemont. (d) a covering page (wrap around) based on the successful Anzac Banner be published to commemorate the 50th Anniversary. (e) two time capsules which can be dedicated on 18th August 2016 commemorating the events of the 50th Anniversary. The capsules be placed in the Parks where the crosses have been displayed with a notion indicating they be opened every 25 years. (f) that two or three commemorate display signs be installed in the Parks reflecting on the history of the Vietnam War. Associated memorabilia may also be considered. (g) that groups like the Men's Sheds, Local Schools and the Scouts be approached to make the 1040 white crosses required and the possible placement of them in the parks. (h) a celebration for our Vietnam Veterans to be held in the Great Hall (i) a Banyule coaster with the 50th anniversary logo to commemorate the occasion (j) refer any estimated costs to be funded in the 2016/17 budget.

3.

Further consideration is given to commemorate the 75th anniversary of the end of WW11 in 2020 in an area associated with Watsonia and Malahang Reserve in West Heidelberg.

Explanation A proposed march to honour our Vietnam Veterans is proposed around the 18th of August (VV Day).

Discussions have been held with the Montmorency RSL who have indicated they will hold an afternoon event with the Vietnam Veterans in early 2016 to honour the

Ordinary Meeting of Council - 7 September 2015

Page 91

8.4

Notice of Motion

50TH ANNIVERSARY OF THE BATTLE OF LONG TAN (VIETNAM VETERANS DAY) cont’d veterans and possibly the battle of Coral Balmoral which was fought from May to June 1968, where more solders died than the battle of Long Tan. A meeting in the near future will need to occur with the Diamond Valley Vietnam Veterans Association to discuss this matter.

CR CRAIG LANGDON Olympia Ward

CR STEVEN BRIFFA Hawdon Ward

CR JENNY MULHOLLAND Griffin Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 92

8.5

ILLEGAL TREE REMOVAL

Author:

Cr Craig Langdon

File:

F2015/528

8.5

Notice of Motion

TAKE NOTICE that it is my intention to move:

“That Council: 1. Write to the Minister for Planning expressing concern that the penalties under the Planning Environment Act 1987 are not an adequate deterrent when illegal tree removal is undertaken to obtain a development advantage.

2. Continue to apply the Planning and Building Enforcement Framework in situations where illegal tree removal is undertaken.

3. Consider further proactive enforcement campaigns to discourage tree removal including reinforcement of the planning requirements and penalties in Councillor Ward News, social media and editorial opportunities.

Explanation Substantial areas of indigenous vegetation, particularly in the east and north-east of the municipality and exotic trees in the southern and western parts make a significant contribution to the amenity of Banyule. Under the Banyule Planning Scheme, there is blanket protection of native, exotic and substantial trees across all residential and in Banyule and individual protection of significant trees included on Banyule’s Significant Tree Register.

Enforcement of Banyule’s tree controls is guided by the Planning and Building Enforcement Framework which was adopted by Council in August 2014. The Framework sets out a risk based approach to enforcement of tree removal and assigns a priority rating of very high for removal of one significant tree and high for the removal of multiple native, exotic or substantial trees. Enforcement action in such cases could include Penalty Infringement Notices (fines of $758 for individuals and $1517 for companies) or a Charge and Summons in the Magistrates’ Court.

Perusal of matters through the Magistrate’s Court does not provide an opportunity to require remedial action and to seek replanting outcomes. A Penalty Infringement Notice is the appropriate mechanism where additional actions are sought to be required. An application to the Victorian Civil and Administrative Tribunal could also seek registration of a building exclusion zone on a legal agreement with Council and on the title of the land.

With the range of enforcement tools available to Council, there is concern that the penalties under the Planning Environment Act 1987 are not an adequate deterrent when illegal tree removal is undertaken to obtain a development advantage.

The Framework also sets out proactive actions including periodic information and education campaigns targeted at the owners and occupiers of properties with significant trees affected by the Environmental Significance Overlay Schedule 4.

General information about tree controls in the banner is also circulated.

Ordinary Meeting of Council - 7 September 2015

Page 93

8.5

Notice of Motion

ILLEGAL TREE REMOVAL cont’d

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 94

8.6

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT POLICY PLANNING SCHEME AMENDMENT C73

Author:

Cr Craig Langdon

File:

F2015/642

TAKE NOTICE that it is my intention to move:

“That the Mayor form a joint deputation with its five council partners to the Minister for Planning urging the approval of the Environmentally Sustainable Development (ESD) Amendment C73, submitted on 3 July 2014.”

Explanation In filling a major State Planning Policy Framework void, Banyule partnered with five other councils (Moreland, Port Phillip, Stonington, Whitehorse and Yarra) to introduce a local planning policy into their respective planning schemes to require a development assessment against best practice ESD objectives. Amendment C73 seeks to introduce a local planning policy that establishes a framework for assessing the environmental performance of buildings. The time and resources that have been put into this ESD policy have been substantial. At the time of coming together Banyule had waited over three years for Ministerial authorisation to exhibit an ESD policy amendment. This partnership finally saw a revised amendment package receive authorisation and progress to exhibition and a panel hearing.

Following a successful Panel and Advisory Committee (PAC) hearing process in late 2013 each Council approved their respective amendment package and jointly submitted a request for approval with the (then) Minister for Planning on 3 July 2014.

The matter of the Amendment’s long outstanding State decision was raised in a briefing with the (current) Minister for Planning, the Honourable Richard Wynne, on June 2015. At that briefing, the Minister flagged that he had received information that required his further consideration of the request but did not want to enter into a discussion of the matters of concern that were delaying his decision.

Three months have now elapsed and a decision is still pending and further advocacy with the Minister for Planning is appropriate to reiterate the findings of the PAC and urge a decision be made on the Amendments of the six proponent Councils.

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 7 September 2015

Page 95

8.6

Notice of Motion

ATTACHMENTS

2.1

Improvements to Burgundy Street, Heidelberg Attachment 1

4.1

Banyule Economic Development Plan Attachment 1 Attachment 2 Attachment 3

4.2

Architectural Plans......................................................................... 181 Additional Information .................................................................... 189 ResCode & Neighbourhood Character Assessment ...................... 193

Chelsworth Park: Community Reference Group Update Attachment 1

5.3

Concept functional layout plan - Works for Grimshaw Street and Flintoff Street, Greensborough................................................ 179

Proposed Multi Dwelling development at 28 Bonar Street, Heidelberg Heights (P618/14) Attachment 1 Attachment 2 Attachment 3

5.1

Economic Development Plan 2015-2020 ....................................... 103 Economic Development Plan - Action Plan 2015-2017 .................. 139 2015 - 2016 Banyule Economic Profile .......................................... 151

Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment Attachment 1

4.3

Burgundy Street Proposal - Functional Design July 2015 ................ 98

Chelsworth Park Lease: Terms of Reference ................................ 205

Inclusion, Access and Equity Achievements Report Attachment 1

Inclusion, Access and Equity Achievements Report ...................... 207

ORDINARY MEETING OF COUNCIL ON 7 SEPTEMBER 2015 Page 97

Attachment 1: Burgundy Street Proposal - Functional Design July 2015

Attachment 1

2.1

Item: 2.1

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2.1

Attachment 1: Burgundy Street Proposal - Functional Design July 2015

Attachment 1

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Attachment 1: Burgundy Street Proposal - Functional Design July 2015

Attachment 1

2.1

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2.1

Attachment 1: Burgundy Street Proposal - Functional Design July 2015

Attachment 1

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Attachment 1: Burgundy Street Proposal - Functional Design July 2015

Attachment 1

2.1

Item: 2.1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

Item: 4.1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

4.1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

4.1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

4.1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

4.1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

4.1

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4.1

Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

Attachment 1

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 1: Economic Development Plan 2015-2020

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

Attachment 2

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

Attachment 2

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

Attachment 2

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

Attachment 2

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

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Attachment 2: Economic Development Plan - Action Plan 2015-2017

Attachment 2

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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4.1

Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

Attachment 3

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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Attachment 3: 2015 - 2016 Banyule Economic Profile

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4.2

Attachment 1: Concept functional layout plan - Works for Grimshaw Street and Flintoff Street, Greensborough

Attachment 1

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4.3

Attachment 1: Architectural Plans

Attachment 1

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Attachment 1

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Attachment 1: Architectural Plans

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Attachment 1: Architectural Plans

Attachment 1

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Attachment 1

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Attachment 1: Architectural Plans

4.3

Attachment 1: Architectural Plans

Attachment 1

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Attachment 1

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Attachment 1: Architectural Plans

4.3

Attachment 1: Architectural Plans

Attachment 1

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Attachment 1

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Attachment 1: Architectural Plans

Attachment 2: Additional Information

4.3

Item: 4.3

ADDITIONAL INFORMATION

Dwelling 1

Private Open Space 28m2 SPOS + front setback

Dwelling 2

41.58m2 SPOS

Dwelling 3

59.42m2 SPOS

Car parking provision 2 (single carport and tandem car space) 2 (two car spaces in a tandem arrangement) 1 (single garage)

Bedrooms

Height

3

Double storey

3

Double storey

2

Single storey

COVENANT Covenant No. 1373184 prohibits quarrying operations on the site. The proposal does not breach the terms of the covenant.

BACKGROUND/HISTORY There is no previous planning history pertaining to the subject site.

Council raised the following issues at the further information stage of the proposal: • • • • • • •

Overly linear driveway; Inadequate provision of parking (2 car parking spaces must be provided for a dwelling with 3 + bedrooms); Inadequate turning area for vehicles exiting garage of Dwelling 3; Lack of upper level recession; No bedrooms proposed at ground level in relation to Dwellings 1 and 2 resulting in poor accessibility for people with limited mobility; Screen planting required forward of the front fence of Dwelling 2; Request for Sustainable Design Assessment and Liveable Housing Guidelines.

The applicant provided revised plans on 14 August 2015 and again on 27 February 2015 after advertising. The revised proposal submitted on 14 August 2015 made various changes to the plans however did not address concerns regarding the provision of car parking and a reduction of car parking requirements was consequently sought. This application was advertised on 19 November 2014 and attracted five (5) objections. Following advice from Council’s Engineering Section that the reduction to car parking would not be supported, the proposal was revised a second time to provide the required number of spaces pursuant to Clause 52.06 for each dwelling.

The latest set of plans, received on 27 February 2015, respond to the original concerns as follows: • • •

Slight curve provided in driveway in the site frontage; An additional car space provided for Dwelling 1; Turning area of Dwelling 3 vehicle increased in width from 5.6 metres to 6.4 metres;

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Attachment 2

DEVELOPMENT SUMMARY

4.3

Item: 4.3 • • • •

Attachment 2: Additional Information

Increased upper level recession provided on the eastern elevation of Dwelling 1 (bathroom) and western elevation of Dwelling 1 (bedroom 1). No significant changes to upper level recession of Dwelling 2; No change to location of bedrooms; A landscape strip (800mm) provided forward of the front fence of Dwelling 2; No SDA or Liveable Housing Guideline Statement submitted, however advised that various SDA measures incorporated into the design (solar hot water systems, rain water tanks, Wels star rated taps and 6 start energy efficiency ratings) and that Dwelling 3 would comply with Liveable Housing Guidelines.

Attachment 2

TECHNICAL CONSIDERATION RESPONSE TO POLICY FRAMEWORK The proposed development is consistent with State and Local Planning Policies seeking urban consolidation and housing diversity in appropriate locations. Both levels of policy also require an appropriate response to neighbourhood character and residential amenity which is discussed within the attached Residential Neighbourhood Character Policy and Clause 55 assessments.

In terms of broad policy support, the site is in an area where medium density housing is encouraged and, indeed, the wider is evolving with older single dwellings being replaced with new housing, including two storey, medium density developments of 2 or 3 dwellings on similar sized allotments. The revised plans go some way to address concerns raised at the further information stage of the proposal by providing additional on-site parking; increasing upper level recession of Dwelling 1; providing a slight curve in the driveway and landscaping.

It is considered that the proposal achieves an acceptable built form outcome for the site in line with both housing and neighbourhood character objectives.

VEGETATION PROTECTION OVERLAY (VPO5) The submitted arboriculture report prepared by Constructive Arboriculture report states that two trees on the property require permission prior to their removal. The trees are detailed as follows: • Tree #3 - Cedar Deodar – arborist report recommends removal; • Tree #8 - Candlebark - health is considered to be below average along with structure.

Retention suitability is rated as ‘Medium’.

The following assessment is provided for the trees against the decision guidelines contained in Schedule 5 of the Vegetation Protection Overlay applicable to the site: •

• • • •

Neither of the trees has been given a high retention value by Constructive Arboriculture in their report dated September 2013. This suggests that removal and replacement with appropriate species will provide an appropriate outcome for the site; A recent visual inspection of the Candlebark suggested that no improvement to health and structure has occurred with the canopy experiencing die-back; The trees are expected to provide limited habitat and their removal will not be critical to the area’s native fauna; Retention of the trees would be difficult given their location on the lot and the corresponding footprint of the proposed development. Removal and replacement presents an acceptable long-term outcome for the site; There is sufficient open space proposed as part of the new development for the trees to be replaced with native species that can grow to their full potential. This will provide a long-term benefit to the character of the neighbourhood.

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Attachment 2: Additional Information

In summary, it is considered to be acceptable for the trees to be removed and then replaced with appropriate species. Given the health, structure and retention value attributed to the trees by the Constructive Arboriculture report, there is not a compelling argument for the trees to be retained.

4.3

Item: 4.3

It was further advised that the street tree (Tree 1 – Bottlebrush) and neighbouring vegetation (Trees #6 & 7 - Mirror Bush) in rear yard of 26 Bonar Street would likely remain viable subject to tree protection measures which can be addressed as a permit condition.

The proposal generally meets the objectives of Council’s Neighbourhood Character Policy, however a variation is required in relation to the following design objective and considered acceptable for reasons detailed in the attachment: • •

Buildings should be sited to allow for the planting and growth of trees and shrubs. Front gardens should contain at least one (1) large tree and understorey landscaping, including large shrubs.

Buildings (including basements) should be a sufficient distance from at least one side or rear property boundary to enable the planting and growth of medium to large trees.

These setbacks should provide sufficient area for future growth of the mature canopy of trees, and understorey planting.

Permit conditions are required to meet the following design objectives: • • •

Driveways should be finished in muted tones that soften their appearance and blend with vegetation.

To maintain and strengthen the garden dominated streetscape character and landscaped setting of the precinct.

Tree species and planting locations should be carefully selected to avoid canopy or root conflicts with overhead wires, easements and existing trees.

CAR PARKING ASSESSMENT (CLAUSE 52.06) The revised application is generally consistent with the requirements contained in Clause 52.06-5 (Number of car parking spaces) and the design guidelines of Clause 52.06-8 (Design standards for car parking). The use of the existing vehicle crossing, access width (3 metres) and revised turning area of Dwelling 3 comply with the access requirements of the clause.

However, a covered car parking space has not been provided for Dwelling 2, and the dimensions of the carport provided for Dwelling 1 do not comply with the size requirements set out at Design Standard 2 – Car Parking Spaces of this clause (6 metres x 3.5 metres).

As such, it is recommended that a condition be placed on any permit issued requiring a carport be provided for Dwelling 2, and that the length of both of these carports must meet with the minimum dimension requirements contained within the Clause. Additionally, the south facing ground floor stairway and W.C. windows of Dwelling 2 will need to be deleted in order to ensure compliance with the building code in terms of fire rating.

As the development is for three dwellings only (less than 5 dwellings) there is no statutory requirement to provide visitor parking.

RESCODE ASSESSMENT (CLAUSE 55) An assessment against the provisions of Clause 55 (ResCode) of the Banyule Planning Scheme has been undertaken and is included as an attachment to this report. The proposal ORDINARY MEETING OF COUNCIL ON 7 SEPTEMBER 2015 Page 191

Attachment 2

RESIDENTIAL NEIGHBOURHOOD CHARACTER POLICY ASSESSMENT (CLAUSE 22.02)

4.3

Item: 4.3

Attachment 2: Additional Information

achieves a high level of compliance with the objectives of the Clause. However, variations are required to the following Standards and considered acceptable for reasons detailed in the report: •

Standard B6 – Street Setback

Permit conditions are required in relation to the following objectives: Standard B13 – Landscaping

Attachment 2

•

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

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Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

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4.3

Attachment 3: ResCode & Neighbourhood Character Assessment

Attachment 3

Item: 4.3

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Attachment 1: Chelsworth Park Lease: Terms of Reference

Chelsworth Park Community Reference Group(CRG) Terms of Reference

5.1

Item: 5.1

File no: F2015/1543

Purpose: To provide a formal mechanism for Council to consult with key stakeholders on the use, maintenance and development of Chelsworth Park as outlined in Council’s lease of Chelsworth Park with Ivanhoe Grammar School.

Objectives: •

To review the annual reports provided by the Tenant to the Council pursuant to Special Condition 1.11 and Special Condition 3.1of the lease

•

To review new seasonal allocations or changes to existing seasonal allocations

•

Assist Council in the selection of expenditure of the moneys paid by the Tenant to the Council pursuant to Special Condition 1.8.2 of the lease in the development and improvement of open space areas of the Premises

•

Assist Council in the monitoring the condition of Chelsworth Park

•

Assist Council in determining the appropriate operating times of the electronic gate to prevent vehicles accessing the Premises from Irvine Road pursuant to Special Condition 7.1. of the lease

The parties acknowledge and agree that notwithstanding any suggestions of the Reference Group, the Council shall be ultimately responsible for making decisions in relation to the matters referred to in Special Condition 1.7 of the lease Membership and chairperson: •

two representatives of the Council •

one nominated Council Officer (Chair)

•

the local ward Councillor

•

one representative of the Tenant

•

two community representatives selected by the Council from time to time

•

at the Council's discretion, a representative from each Present User and Present Non-User that is allocated use of a ground and/or building at the Premises from time to time.

Co-opted members: The Reference Group may invite suitably skilled persons to join the group in an advisory capacity, for a specified purpose and for a specified period of time. Co-opted members are not entitled to vote.

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Attachment 1

Classification: Community Reference Group(CRG)

5.1

Item: 5.1

Attachment 1: Chelsworth Park Lease: Terms of Reference

Quorum: A meeting can only take place with a minimum quorum of: •

five members

•

One member of Council staff.

Member responsibilities:

Attachment 1

In order to fulfil the Committee’s objectives, members are expected to: •

Keep informed of current developments, issues and concerns in the recreation sector.

•

Be conversant with relevant Council plans and policies, particularly those related to recreation.

•

Be aware of the activities, interests and concerns of stakeholder organisations and groups in the Council.

•

Prepare for and actively participate in regular CRG meetings.

Meeting frequency: Quarterly- Times, dates and invites to be sent by Council.

Management of the reference group: •

The Coordinator Leisure Facilities & Partnerships or other member of Council’s Leisure Recreation & Culture department will resource the Committee and attend all meetings.

•

The Leisure Recreation & Culture department will be responsible for preparation of meeting agendas, minutes, reports and other administrative functions.

•

Council officer is a non-voting member of the CRG.

Reporting Procedure: •

Chelsworth Park Community Reference Group is not a formal committee but rather a reference group that is established by Council. Reports and recommendations made by the CRG will require Council approval before being fully endorsed and acted upon.

Public Statements: Any public statements made by the Chair or ordinary members of the Committee must be in accordance with Council's media protocol and with the prior approval of the Coordinator Leisure Facilities & Partnerships Coordinator and /or the Manager Leisure, Recreation & Cultural Services.

References: •

Council Plan 20013-2017

•

Recreation Plan

•

Lease of Premises: Chelsworth Park, Ivanhoe known as 18 Irvine Road Ivanhoe

Council Contact: Thomas Zappulla- Leisure Facilities & Partnership Coordinator: 9433-7752 Email: tom.zappulla@banyule.vic.gov.au Approval Date: September 2015

ORDINARY MEETING OF COUNCIL ON 7 SEPTEMBER 2015 Page 206

Next review date: September 2017

5.3

Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

Item: 5.3

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Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

5.3

Item: 5.3

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5.3

Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

Item: 5.3

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Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

5.3

Item: 5.3

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5.3

Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

Item: 5.3

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Attachment 1: Inclusion, Access and Equity Achievements Report

Attachment 1

5.3

Item: 5.3

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