Banyule City Council 17 March 2014 Agenda by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 17 March 2014 commencing at 7.45 Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Confirmation of Minutes Ordinary Meeting of Council held 3 March 2014 Disclosure of Interests Presentations Presentation of Parks & Leisure Australia Award to Banyule City Council, Leisure & Cultural Services – National Winner for Inclusive and Connective Communities. 1. Petitions Nil REPORTS: 2. People – Community Strengthening and Support Nil 3. Planet – Environmental Sustainability Nil 4. Place – Sustainable Amenity and Built Environment 4.1 Warringal Parklands and Banyule Flats Heritage Assessment ................................ 3 4.2 North East Road Link - Quarterly Report................................................................. 7 4.3 10 Martin Street, Heidelberg ................................................................................. 10

AGENDA (Contâ&#x20AC;&#x2122;d) 5. Participation â&#x20AC;&#x201C; Community Involvement in Community Life Nil 6. Performance - Use Our Resources Wisely 6.1 Assembly of Councillors........................................................................................ 19 6.2 Councillor Motions - Status Update ....................................................................... 22 7. Sealing of Documents Nil 8. Notices of Motion 8.1 Birdwood Avenue, Macleod - Macleod Pre-school Parking Issues ........................ 25 8.2 Illegal Motor Bikes - Darebin Creek....................................................................... 26 8.3 Apprentices - Banyule City Council ....................................................................... 27 8.4 Investigation - Traffic Challenges Bungay Street, Watsonia .................................. 28 8.5 Banyule City Council Ward Funding Grants Program Improvements ....................................................................................................... 29 8.6 Ivanhoe Primary School - Traffic Concerns in Ailsa Grove .................................... 30 8.7 Youth Council ....................................................................................................... 31 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 matters. 11. Confidential Matters 11.1 Contractual Matters Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified. Closure of Meeting

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4.1

WARRINGAL PARKLANDS AND BANYULE FLATS HERITAGE ASSESSMENT

Author:

Fae Ballingall - Strategic Planner, City Development

Ward:

Griffin, Hawdon, Ibbott

File:

BS16/015/010

4.1

Place – Sustainable Amenity and Built Environment

Previous Items Council on 2 February 2009 (NMOC. 2) Council on 1 June 2009 (FPOC. 1) SUMMARY To provide Councillors a cultural heritage assessment for Warringal Parklands and Banyule Flats (WPBF), and advise on further work, including the potential for a State heritage nomination. 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. CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUND In response to a Council resolution on 2 February 2009 (NMOC.2), heritage and environmental assessments are progressing for WPBF (the Project). At Council’s meeting on 1 June 2009, a report (FPOC.1) outlined a staged approach for the project. The report gave a priority for heritage assessments to be done as Stage 1 and environmental assessments as Stage 2. A specialist heritage consultant was appointed and cultural heritage work progressed through 2012 and 2013. Key stakeholders, including the Warringal Conservation Society, Heidelberg Historical Society, Friends of Banyule and elders form the Wurundjeri Tribe Land Cultural Heritage Council, were consulted throughout the assessment process. The findings of the assessment were then presented to the Banyule Environmental Advisory Committee (BEAC) on 12 February 2014. A summary of the draft heritage report’s findings, progress for Stage 2 and an update on the North-East road link are given in this report. The detailed cultural heritage report is shown in Attachment 1.

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Place – Sustainable Amenity and Built Environment

WARRINGAL PARKLANDS AND BANYULE FLATS HERITAGE ASSESSMENT cont’d

4.1

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. STAGE 1: THE HERITAGE VALUES ASSESSMENT A summary of the key findings for the WPBF in the draft Cultural Heritage Assessment is given below: 

There is a multi-layered landscape with historic, aesthetic and social heritage significance at a Local and State level.



Historic and social significance is attributed at the State level, for its:  Remnant rural landscapes being of those that inspired the nationally acclaimed Heidelberg School of Painters.  Being a site of significant conservation struggles on a State and local level, including the 1950s Save the Yarra Campaign, the first of many community led movements to protect the Yarra River Corridor.  Association with development of the prestige estates and tenant farmers of Heidelberg in the early 19th century.



At a local level, the area has historic, social, archaeological and aesthetic significance for its:  Surviving evidence of the pastoral and tenant farm period.  Age range and variety of tree planting and park making.  Enduring connection and importance to the Woi wurrung people.  Potential to reveal artefacts or features associated with the sites early agricultural development.  River landscape, major open spaces and significant views, particularly the visual inter-relationship with the former Banyule Homestead.

The complexity and layering of State and Local significance means that effective land management is best achieved by future preparation of a Conservation Management Plan (CMP). STAGE 2: ECOLOGICAL AND CONSERVATION VALUES ASSESSMENT Expert ecological and environmental experts have been appointed to do this work. The assessment will be done in three parts over two years. These are: 1. 2.

Desktop review of ecological and conservation values. Design and implement targeted field studies to obtain a full botanical and faunal inventory and investigate occurrence of rare flora and fauna within the study site. Ecological Assessment, advice on wetland importance, conservation significance and recommendations.

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WARRINGAL PARKLANDS AND BANYULE FLATS HERITAGE ASSESSMENT cont’d

4.1

This timing will ensure appropriate seasonal data collection, to help uncover potential ecological and conservation values. After this work is done, the final scope of a CMP can be identified so future land management takes an integrated approach for the management of heritage, ecological and conservation values. NORTH EAST LINK There has been no further advice from VicRoads or the State Government since the North East Link Quarterly Report was given to Council in December 2013. The staging of the WPBF project is well within the projected timeframe for commencement of a NE link, as given in the State Government’s draft metropolitan planning strategy, Plan Melbourne. This strategy puts road building focus on the East-West link. Reference to the North East link says that: “As part of any future planning for the North East link, an above-ground freeway through the Banyule Flats and other environmentally-sensitive areas will be precluded and there will be careful consideration of other transport, environmental, heritage and social issues” (Plan Melbourne, p. 81). DISCUSSION Now that a heritage assessment has been completed further progress can be made on its recommendations. On the premise that State heritage significance is likely to exist, and ongoing work needs to be done to complete environmental assessments, the top priorities for further progress are: 1. 2.

Nominate the site to the Victorian Heritage Register. This includes preparation of a nomination form to Heritage Victoria. Progress the Ecological and Conservation Values Assessment.

Following this Council will receive a further report to recommend future steps. This may include:   

Preparing a Conservation Management Plan (CMP) that integrates recommendations and management considerations from both Stage 1 (heritage) and Stage 2 (environmental). Preparing a Planning Scheme Amendment, for the Heritage Overlay if there is timely progress or an outcome on the Heritage Victoria nomination work. Implementation of the ecology and conservation recommendations.

CONCLUSION Progress has been made in uncovering heritage significance at WPBF. This will inform the proposed preparation of a nomination to Heritage Victoria. A successful nomination to Heritage Victoria, along with the preparation of an integrated Conservation Management Plan, would provide guidance for effective site management and improvements. Progress will continue on the ecological and conservation values assessment, followed with a report to Council for future consideration.

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

WARRINGAL PARKLANDS AND BANYULE FLATS HERITAGE ASSESSMENT contâ&#x20AC;&#x2122;d RECOMMENDATION

4.1

That Council: 1.

Approves the Final Draft Warringal Parklands and Banyule Flats: Cultural Heritage Assessment.

Uses the approved Cultural Heritage Assessment to inform the preparation and submission of a nomination to Heritage Victoria for recognition of State heritage significance.

Notes the progress being made for the ecological and conservation values assessment.

Receives a further report when the ecological and conservation values assessment is completed.

ATTACHMENTS No.

Title

Warringal Parklands and Banyule Flats Cultural Heritage Assessment

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4.2

NORTH EAST ROAD LINK - QUARTERLY REPORT

Author:

Michelle Herbert - Senior Transport Engineer, City Development

File:

F2013/683

4.2

Place – Sustainable Amenity and Built Environment

Previous Items Council on 16 December 2013 (Item 4.3 - North East Road Link - Quarterly Report) Council on 7 October 2013 (Item 4.1 - North East Road Link Quarterly Update) SUMMARY To provide Council with a status update on planning for the proposed North East Road Link. 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. CITY PLAN This report is in line with Council’s City Plan key direction to “support sustainable transport”. BACKGROUND Council considered an initial report on the status of the proposed North East Link and an overview of relevant Council resolutions and positions on the link, regional transport, and associated heritage and environmental issues at its meeting on 14 December 2009. Council resolved in part as follows: “4. That Council officers report to the Council every three months on the response from the Minister, VicRoads or other Government departments or agencies on progress in the planning of the North-East link.” In line with this resolution Council considered a report on this matter in October 2013. In this meeting Council resolved that: “1. 2.

3. 4.

Council notes this report. Council write to Melbourne Linking Authority expressing its concern that there has been no response to an earlier request to meet for a briefing on the East West link. Writes to all local members and provide them with a copy of Council’s recently adopted “Prioritised Transport Project Advocacy List” Copies of the letters to be sent to the Ministers of Transport, Planning and Infrastructure.”

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4.2

NORTH EAST ROAD LINK - QUARTERLY REPORT cont’d In response to this resolution, Council has provided copies of Council’s advocacy stance to all State Government transport and planning agencies and Ministers. A meeting was held with Matthew Guy, Minister for Planning on 11 October 2013. At this meeting the current Banyule position on the North East Link was explained to the Minister. The Minister acknowledged the Council position. A briefing was held with the Linking Melbourne Authority regarding the East West Link Project on 18 November 2013. Additionally, Council last considered a report on this matter on 16 December 2013. In this meeting Council were informed that:  In October 2009, The Victorian Government released the draft ‘Plan Melbourne’ with a 2050 vision for Melbourne iterating in terms of transport and more specifically the North East Road Link, Plan Melbourne lists as one of its shortterm and long-term initiatives. A finalised ‘Plan Melbourne’, having considered all submissions is still expected to be released at the end of March 2014.  Council has also provided a submission to the State Government’s draft metropolitan planning strategy, Plan Melbourne, giving effect to Council’s preferred alignment for a more direct route. No further correspondence has been received from VicRoads and the Department of Planning, Transport and Local Infrastructure (DPTLI). RECENT CORRESPONDENCE AND FEEDBACK There has been no further advice received from VicRoads and State Government since the North East Link Quarterly Report was given to Council on 16 December 2013. Council is currently preparing for a Community Transport Forum to be held on 8 April 2014. This event will be an information session with an opportunity to ask questions of a transport panel representing both Council and State Government agencies. There will also be opportunities for the community to be involved in providing input into a new Integrated Transport Plan for the municipality. The forum will provide an opportunity for the further feedback in relation to the North East Road Link. Banyule residents can currently find out information and register their interest regarding the upcoming forum via Banyule City Council’s website. RECENT DEVELOPMENTS WITH THE NORTH EAST LINK  A draft cultural heritage assessment for Warringal Parklands and Banyule Flats (WPBF) has recently been completed where further progress can be made on its recommendations. A report summarising the draft heritage report’s findings and progress for Stage 2 is also submitted to Council to review separately. In addition, ecological and environmental experts have been appointed to assist uncover potential ecological and conservation values over the next two years by providing an ecological and conservation assessment.

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 An alternative transport proposal for Melbourne was recently released by The State Opposition entitled “Project 10,000”, designed to tackle the road safety and congestion concerns within the state and puts forward a list of projects to address this. At a Council meeting on 17th February 2014, Council expressed its concerns that much of "Project 10,000" will have a minimal impact on traffic congestion within the City of Banyule and also raised the issue of funding implications on other important state transport projects including: A. The Doncaster Rail Project; B. The Airport Rail Project; C. The North East Link Project - with direct connection from M80 to EastLink in Ringwood; D. Incremental improvements to the Hurstbridge Rail Line, including duplication of the line between Rosanna and Heidelberg and from Greensborough to Eltham; E. South Morang extension to Mernda and Whittlesea; and F. The connection of the South Morang line from Clifton Hill to Southern Cross Station. Council suggests that the State Opposition should provide a commitment, timeline and funding model for the delivery of these other projects as well as details of removing the Rosanna Railway crossing and how the nearby parklands and businesses of the Rosanna Shopping Centre will be protected. Council will be writing to the State Opposition Leader seeking an explanation of the Oppositions Policy named "Project 10,000" and expressing its concerns raised as outlined in the Notice of Motion during the Council meeting of 17 February 2014. CONCLUSION No further correspondence has been received from VicRoads and the Department of Planning, Transport and Local Infrastructure (DPTLI) since the last Council report of 16 December. However, a finalised Plan Melbourne, having considered all submissions is expected to be released at the end of March 2014. A report summarising the draft heritage report’s findings and progress for Stage 2 will be submitted to Council to review at its 17 March 2014 meeting. A Community Transport Forum is being held on Tuesday 8 April, where it is expected issues related to the North East Link will be raised. Council will be writing to the State Opposition Leader seeking an explanation of the Oppositions Policy named "Project 10,000" and expressing its concerns raised in Council meeting of 17 February 2014. RECOMMENDATION That Council receive this report ATTACHMENTS Nil

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4.2

NORTH EAST ROAD LINK - QUARTERLY REPORT cont’d

4.3

10 MARTIN STREET, HEIDELBERG

Author:

Nick Helliwell - Major Developments Planner, City Development

Ward:

Griffin

File:

P674/2013 PT 3

4.3

Place – Sustainable Amenity and Built Environment

SUMMARY The proposal seeks to increase the height of an approved eight to nine storey medical services building by one level to provide a building with a maximum height of nine to ten storeys. The entire additional floor level of the building will project above the 25 metre height control for this part of the Heidelberg Specialised and Major Activity Centre.

Planning Permit Application: Development Planner: Address: Proposal: Existing Use/Development: Applicant: Zoning: Overlays: Notification (Advertising):

Objections Received: Ward:

P674/2013 Nick Helliwell 10 Martin Street, Heidelberg Increase building height by one storey Nil – development under construction VMR Property Investments Pty Ltd Special Use Zone – Schedule 3 Vegetation Protection – Schedule 5 and Design and Development – Schedule 5 Notice in the Heidelberg Leader, mail to abutting and opposite land owners/occupiers and two notices on the site, one at the front and one at the rear Three Griffin

Building Previously Approved and Under Construction Planning permission was initially granted under delegation on 10th January 2013 for the construction of a medical services building with a maximum number of nine storeys. The approved parapet building height to Martin Street (excluding roof top plant and equipment) is 26.2 metres and to the rear of the building is 31.8 metres. The architecture of the building is contemporary and utilises a predominantly glazed finish on the upper level of the Martin Street facade of the structure with dark grey, light grey and silver glazing with silver, grey and white alucabond panels to provide detail at street level. The side elevations of the building are to be pre-cast concrete panels with geometric sections of these panels painted in dark and mid grey on the northern elevation with a central glazed light court in the southern elevation of the building. The rear eastern elevation of the building is to be treated in a similar fashion to the Martin Street façade of the building. The approved building is currently under construction.

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

10 MARTIN STREET, HEIDELBERG contâ&#x20AC;&#x2122;d

It is proposed to construct an additional level on top of the approved building. The approved parapet building height to Martin Street (excluding roof top plant and equipment) would increase to 29.9 metres and to 36.2 metres at the rear of the building. The maximum height of the approved building will therefore be increased by up to 4.4 metres. The additional level will be designed and faced with materials to match those approved for the main structure. The additional level would provide further space to accommodate the existing thirty medical practitioners that have been approved for the building with no increase in the number of practitioners proposed. As no additional practitioners are proposed, no increase in car parking requirements is generated by the proposal. A copy of the advertised plans comprise Attachment 1 to this report. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY The site has a history of planning permission being granted for multi-storey development. Planning Permit P434/05 was issued on 21 March 2006 for buildings and works for the purpose of constructing a multi-level (five storey) building to be utilised for medical consulting rooms and dwellings and a reduction in the standard parking requirement. This permit has not been acted on and lapsed on 21 March 2009. Planning Permit P78/08 was issued on 13 October 2008 for buildings and works for mixed use development (seven storeys plus two levels of basement car parking) comprising ten (10) medical suites, 19 apartments and reduction in the standard car parking requirement. This permit has not been acted on and lapsed on 13 October 2012. Planning permission under the current permit application was initially granted on 10th January 2013 for Buildings and works for a multi-storey building and basement car park, comprising a medical centre and reduction in on site car parking. It is noted that this height exceeded the preferred height for the Medical Services precinct of the Heidelberg Specialised and Major Activity Centre. An amendment to increase the number of medical practitioners that may operate from the premises from nineteen to thirty was approved on 14 November 2013.

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4.3

Additional Proposed Level

Place – Sustainable Amenity and Built Environment

10 MARTIN STREET, HEIDELBERG cont’d SUBJECT SITE AND SURROUNDING AREA

4.3

The subject site is located on the eastern side of Martin Street, approximately 60m north of Burgundy Street. The site is rectangular in shape, and has the following dimensions: Western boundary (frontage) Eastern boundary (rear) Northern boundary Southern boundary Site area

16.3 metres 16.3 metres 37.2 metres 37.2 metres 606.56 square metres

The site falls by some 6m down from the front boundary to the rear with a slope of some 16%. Construction of the approved building is currently taking place on the site. The site and surrounding area is shown on Figure 1 below.

Figure 1 – Aerial photograph of the site and surrounding area

The surrounding area has a mixed character which is in the process of undergoing change. To the immediate north of the application site is a single storey weatherboard dwelling used for an eye clinic with a car park in the rear yard accessed by the rear right of way. Further north is a double storey dwelling at No.14 with a heritage dwelling at No.16 used as medical suites.

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To the immediate south of the application site at No.8 Martin Street is a recently completed multi-storey building. A planning permit was granted at P376/2010 for a mixed use, multi-level development comprising a seven storey building with two basement car parking levels, consisting of eight medical centres and 29 apartments and reduction in the standard car parking requirements. Further south on the corner of Martin and Burgundy Streets, is a single storey medical consultants rooms with car park access via a service road which runs parallel with Burgundy Street. To the immediate east is a 3m wide unmade laneway running north from Burgundy Street giving access to a number of properties to the north of the application site. On the eastern side of this right of way is Warringal Hospital which has single, double and triple storey sections of building and faces Burgundy Street. To the west, on the opposite side of Martin Street, is a recently completed multi-deck car park for the nearby Austin Hospital. Residential dwellings converted to medical suites and other residential dwellings are located to the north of this car park. PUBLIC NOTIFICATION Notice of the proposal was placed in one edition of the Heidelberg Leader, abutting and opposite land owners/occupiers were notified by post and two site notices were displayed on the property, one at the front and one at the rear. Three objections were received on the grounds of:     

Overshadowing Noise Light spill Lack of car parking Overlooking and loss of privacy

A public consultation meeting was held between two of the objectors and the permit applicant which was also attended by officers, the Mayor and the Ward Councillor. REFERRAL COMMENTS No referral comments were required on the proposal in this instance. PLANNING CONTROLS The key planning controls considered in the assessment of this application are summarised in Table 1 below with further detail provided in Attachment 2. Table 1 – Planning Controls Zone Clause 37.01 – Special Use - Schedule 3 Overlay Clause 42.02 – Vegetation Protection– Schedule 5 Clause 43.02 – Design and Development – Schedule 5 State Planning Policy Clause 11.02-1 – Supply of Urban Land Clause 12 – Environmental and Landscape Values Clause 15.01-1 – Urban Design

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4.3

10 MARTIN STREET, HEIDELBERG cont’d

Place – Sustainable Amenity and Built Environment

10 MARTIN STREET, HEIDELBERG cont’d

4.3

Clause 17 – Economic Development Clause 19.02-1 – Health Facilities Local Planning Policy Clause 21.02 - Vision and Strategic Framework Clause 21.04 – Land Use Clause 21.06 – Built Environment Clause 21.07 - Transport and Infrastructure Clause 21.08 – Local Places Clause 22.03 – Safer Design Particular Provisions No relevant particular provisions TECHNICAL CONSIDERATION The medical suites will complement the services currently provided by the Warringal, Mercy and Austin Hospitals and help to implement the strategic vision for the continued development and growth of a medical services precinct in this area. The proposed additional level of the building is required to provide increased flexibility to the internal arrangement of the building to accommodate the particular spatial requirements of specialist medical practitioners. The proposal has broad strategic support at a State level by integrating health facilities with local and regional communities and at a more local level through the land use and economic objectives envisaged within the Heidelberg Specialised and Major Activity Centre and the Heidelberg Precinct Structure Plan, however, the proposal must also meet the visual and built form outcomes envisaged for the precinct. The proposed additional floor level, as it presents to Martin Street, will be 6.3 metres above the preferred building height of 25 metres. At the rear of the site, due to the fall of the land away from Martin Street, the additional level will be 11.2 metres above the preferred building height. In considering the appropriateness of the heights sought above the Heidelberg Structure Plan, Council should consider the broad urban design objectives set out in the State Planning Policy Framework as well as the decision guidelines and the design objectives of the Design and Development Overlays (Schedule 5) which guide development outcomes in the Heidelberg Specialised and Major Activity Centre: 

The additional height is appropriate having regard to the with the broad urban design principles set out in Clause 15.01-2 of the Banyule Planning Scheme which require consideration of urban design principles including context, landmarks, views and vistas. The scale of the surrounding context is an important consideration and it is felt that the additional level will sit comfortably in the context of nearby, large scale development such as the Austin Hospital. It is also noted that since the introduction of the Design and Development Overlays (Schedule 5), new developments such as the Austin car park, the Warringal Hospital and the abutting site have been commenced or completed and a reasonable transition is achieved with respect to the additional height now sought and this emerging context. The context for this site is different to that of other areas within the activity centre where it may not be appropriate to consider heights above those preferred in the structure plan.

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Place – Sustainable Amenity and Built Environment



The additional level is considered appropriate with respect to the Design and Development Overlays (Schedule 5) decision guidelines. In particular, it is considered that the proposed scale respects surrounding development and also supports a preferred intensity of use. Furthermore, natural light opportunities for adjoining buildings are not impacted due to the nature of the commercial built form to the south and inclusion of a light well along the southern elevation.



Clause 2.0 of the Overlay sets out that if a proposal does not meet the standard in relation to height, it must be demonstrated that a proposal meets these design objectives. A high level of compliance against the design objectives of the Design and Development Overlays (Schedule 5) is considered to be achieved as the proposal:        

Provides a high quality, modern building that makes a positive contribution to this evolving medical precinct. Incorporates ecologically sustainable design elements. Is respectful of the preferred scale and character of the Heidelberg Activity Centre. Is not within the view shed area identified for view protection within the Heidelberg Structure Plan. Incorporates a combination of articulation, materials and colours to create visual interest. Provides passive surveillance to the streetscape and other public areas. Maintains sunlight and daylight access to adjoining private open spaces of dwellings in accordance with Clause 55 (ResCode). Locates windows to minimise the potential for overlooking in accordance with Clause 55.

It is also important to consider the purpose of the Special Use Zone of protecting the amenity of patients and residents within and around this precinct. In this regard, the proposed height increase will maintain the amenity of peripheral residential and other sensitive uses. This is achieved through overlooking of neighbouring residential land within 9 metres being constrained due to the height of the additional level, screen glazing to be provided and the design and configuration of the additional level in relation to adjoining residential land. A light court in the lower levels of the southern elevation of the building is continued up to the additional proposed level to maintain access to light and outlook and minimise additional overshadowing of dwellings to the south at 8 Martin Street CAR PARKING The number of medical practitioners associated with the use has been restricted under the existing planning permit to a maximum of 30 clinicians. As the proposed additional floor is to provide additional floor space without any increase in the number of practitioners, no additional car parking requirement is generated by the proposal.

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4.3

10 MARTIN STREET, HEIDELBERG cont’d

Place – Sustainable Amenity and Built Environment

10 MARTIN STREET, HEIDELBERG cont’d OBJECTORS’ CONCERNS

4.3

•

Overshadowing

Specific concern has been raised by the owners of the recently completed apartment development at 8 Martin Street that the proposal will overshadow the east facing balcony of this apartment. The proposed additional floor level will not result in any overshadowing above that already provided by the approved development as the proposed additional level would be above the roof canopy of the balcony of the dwelling. The balcony to this apartment has an eastern orientation which remains unobstructed by the proposal. •

Amenity impact

Concern has been raised regarding the potential extended operating hours of the building and potential noise, light spill and overlooking impact upon neighbouring property. The use of land for a medical centre does not require planning permission in this zone and there are subsequently no operating time restrictions on the use of the land. It is expected however that clinical operating hours will be consistent with standard office hours. The medical use itself, by its very nature, is unlikely to generate amenity impacts. Any overlooking would be from a height and distance well in excess of the standard applied to residential development. In terms of vehicle noise and movements associated with the use, these are expected to be within generally accepted timeframes, noting that the premises are not located within a residential zone. It should also be noted that people living adjacent to major activity centres and commercial areas cannot expect the same level of amenity as those living in the residential hinterland. Having said this, the original planning permit for the development contains noise, amenity, waste collection and construction management conditions so as to minimise the potential impact of the development upon neighbouring property. CONCLUSION For the reasons outlined above the proposal is considered acceptable and it is recommended that a Notice of Decision to Grant an Amended Permit be issued. No additional permit conditions are required on top of those contained in the current planning permit. RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant an Amended Planning Permit be issued in respect of Application No. P674/2013 to enable the endorsement of amended plans generally in accordance with the advertised plans received by Council on 19 November 2013 for buildings and works to increase building height by one storey at 10 Martin Street, Heidelberg.

ATTACHMENTS No.

Title

Advertised plans

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Place – Sustainable Amenity and Built Environment

10 MARTIN STREET, HEIDELBERG cont’d Planning controls

145

4.3

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6.1

ASSEMBLY OF COUNCILLORS

Author:

Kellie O'Shea - Governance, Information & Laws Project Officer, City Development

File:

F2014/337

SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be a) b)

the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1

Date of Assembly:

24 February 2014

Type of Meeting:

Council Briefing

Matters Considered:

- Budget Briefing No. 1 - Advocacy Projects for the upcoming State Government Election

Councillors Present:

Steven Briffa Rick Garotti Craig Langdon Tom Melican Jenny Mulholland

Staff Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs Scott Walker, Director City Development Geoff Glynn, Director Assets & City Services Peter Utri, Acting Director Corporate Services Arun Chopra, Manager Major Projects & Infrastructure Doug Baker, Acting Manger Financial Services Kevin Gallagher, Assets Coordinator

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

3 March 2014

Type of Meeting:

Council Briefing

Matters Considered:

Community Information and Support Services Review

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6.1

Performance - Use Our Resources Wisely

6.1

ASSEMBLY OF COUNCILLORS contâ&#x20AC;&#x2122;d

Councillors Present:

Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland

Staff Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs Geoff Glynn, Director Assets & City Services Frances Gianinotti, Co-ordinator Youth & Community Partnerships Giovanna Failla, Manager Youth & Family Services Peter Utri, Manager Organisational Performance

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

3 March 2014

Type of Meeting:

Ordinary Council Meeting

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 3 March 2014 (excluding confidential items) as listed below: 1.1 1-3 McKenzie Court Greensborough - Proposed Sale of Land Petition 1.2 Main Road and Para Road Intersection, Lower Plenty Pedestrian Crossing Concerns 1.3 Petition to retain and reopen Bellfield, Haig Street and Banksia College School sites 4.1 Additional Storey to Approved Development at 10 Martin Street, Heidelberg 4.2 Constructed Carpark within Banksia Street reserve 4.3 Ivanhoe Structure Plan Planning Scheme Amendments C93, C94 4.4 Ivanhoe Civic Precinct Master Plan 4.5 Ivanhoe Grammar School Resident Interest Group replacement resident for west precinct 4.6 Living Libraries Infrastructure Programs 2014 5.1 Multicultural and GLBTI Advisory Committees 6.1 Assembly of Councillors 7.1 Sealing of Documents 8.1 Banyule Council's Commitment to Strong and Transparent Financial Management 8.2 Main Road and Para Road Intersection, Lower Plenty Pedestrian Crossing Concerns 8.3 ANZAC Day in Banyule General Business â&#x20AC;&#x201C; Lions House

Councillors Present:

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

Ordinary Meeting of Council - 17 March 2014

Page 20

Performance - Use Our Resources Wisely

Staff Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs Scott Walker, Director City Development Geoff Glynn, Director Assets & City Services Gina Burden, Manager Governance, Information and Laws Vivien Ferlaino, Coordinator Records & Governance Daniel Kollmorgen, Acting Manager Strategic & Economic Development Peter Utri, Acting Director Corporate Services Joel Elbourne, Acting Manager Development Services

Others Present:

Nil

Conflict of Interest:

Cr Jenny Mulholland declared an interest in item 4.1 Additional Storey to Approved Development at 10 Martin Street, Heidelberg, and left the room at 7.23pm, prior to the item being discussed.

Date of Assembly:

4 March 2014

Type of Meeting:

Briefing of Community Information & Support Services

Matters Considered:

Review of Community Information & Support Services (BANSIC, VOB, DVCS) Steven Briffa Craig Langdon Tom Melican

Councillors Present:

Staff Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director Community Programs Giovanna Failla, Manager Youth & Family Services Frances Gianinotti, Co-ordinator Youth & Community Partnerships Karen Molinaro, Community Liaison & Support Officer

Others Present:

Marianne Mahoney Angela Snow Cathy Thornton Colin Macklin Ian Parker Marjatta Jormakka

Conflict of Interest:

Nil

RECOMMENDATION That the Assembly of Councillors report be received.

ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

Page 21

6.1

ASSEMBLY OF COUNCILLORS contâ&#x20AC;&#x2122;d

Performance - Use Our Resources Wisely

COUNCILLOR MOTIONS - STATUS UPDATE

Author:

Emily Outlaw - Governance Officer, City Development

File:

BS02/015/002

6.2

SUMMARY To provide a report on the current status of Councillor initiated motions. 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. CITY PLAN This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”. BACKGROUND Resolution (CO2013/17) Council at its meeting on 4th February 2013 resolved the following Notice of Motion: “That: 1.

a report be submitted every two months at a Council meeting regarding the current status of Councillor initiated Motions.

This report to include:

 date of approved motion;  a summary of the motion;  action taken by officers regarding the motion and date of action taken. (this includes letters sent);

 feedback regarding the motion.(particularly if referred to State or Federal MP’s).” The latest status report is attached (Attachment 1). This report provides the status update of Councillor motions from the commencement of the new Council term (November 2012) to the 17 February 2014. The report includes a status of whether the item has been completed or in progress, a short explanation and if the item is scheduled to come back to Council for consideration. The Council recently resolved for the Councillor motions report to be presented to Council every three months to allow for better reporting.

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Performance - Use Our Resources Wisely

COUNCILLOR MOTIONS - STATUS UPDATE contâ&#x20AC;&#x2122;d

Many of the Councillor generated motions relate to advocacy requesting to meet with our Local Members of Parliament or the relevant Minister to advocate on behalf of our Community. Some of these issues include road and transport matters and cost shifting from State and Federal Governments to Local Governments.

6.2

ADVOCACY

CURRENT SITUATION Councillors currently raise matters in the Chamber via motions or statements. There are 3 options for Councillors to raise a matter before the Council: 1. 2. 3.

Notice of Motion (Council report and forms part of the Agenda paper) General Business Urgent Business

A Council resolution is required for both Notices of Motions and Urgent Business items. Whilst General Business does not require a resolution of Council there may still be some action arising from this item and may be listed in this report. These items are generated by Councillors through the Council meeting process and often involve considerable investigation or deployment of resources the CEO will seek to prioritise the timeframe for a response to the NOM to ensure that they do not significantly impact on existing programmed workloads. CONCLUSION The latest status quarterly report is presented for noting. RECOMMENDATION That Council note the Councillor Motions Status Report.

ATTACHMENTS No.

Title

Councillor Motions Update Report

Ordinary Meeting of Council - 17 March 2014

Page 152

Page 23

8.1

BIRDWOOD AVENUE, MACLEOD - MACLEOD PRE-SCHOOL PARKING ISSUES

Author:

Cr Tom Melican

Ward:

Ibbott

File:

F2013/947

TAKE NOTICE that it is my intention to move: “That Council request an officer report seeking to provide two on-street staff car parking spaces for the Birdwood Pre-school staff adjacent to the facility.” Explanation Council has been contacted by staff at Birdwood Avenue Pre-School, Macleod, regarding the lack of suitable staff parking close to the facility. Staff are seeking the possible reinstatement of five staff parking spaces at the front of the pre-school, which were removed in 2013 to improve visitor parking in the area. The removal was in line with Council’s Activity Centre Car Parking Policy and with the high parking demand in the area from various stakeholders. At the time staff parking was made available in a nearby off street facility. Council at its meeting of 6th May 2013 considered a petition on the matter of reinstating five staff on-street parking spaces adjacent to the Macleod pre-school on Birdwood Avenue, Macleod. Council resolved for officers to meet with members of the pre-school and the Ward Councillor to seek resolution on the matter. Council officers met with members of the pre-school and Ward Councillor on 10th September 2013. Council Officers remained concerned about the provision of such on street staff parking provision. Concerns were raised in relation to the possible precedent this would set and lack of general alignment with the intent of Council’s Activity Centre Car Parking Policy in providing such spaces on street. Pre-school staff continue to have concern with the current parking arrangements. Staff have expressed safety concerns with the additional walk to the new car park area and have also raised concern with the delivery and collection of teaching equipment to the pre-school, as utilising the current short-term car park arrangements in close proximity to the pre-school is often unavailable due to the high demand for parking by train commuters and patrons to the nearby shops. Given the staff parking concerns, the high parking demand at the location and the community feedback through the petition process, I propose in this instance that Council consider a compromise solution to help address the ongoing concerns.

CR TOM MELICAN Ibbott Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

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8.1

Notice of Motion

ILLEGAL MOTOR BIKES - DAREBIN CREEK

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2013/947

8.2

TAKE NOTICE that it is my intention to move: “That as part of its campaign against illegal motor bikes (monkey bikes) riding along the Darebin Creek, Council: 1.

Install 10 "No Motorbikes" and "[symbol]" signs on the entrances to the Darebin Creek from Dougharty Road to Bell Street.

Paint 8 "No Motorbikes" and "[symbol]" on the shared path along the same section of the Darebin Creek and

Introduce more detailed Local Laws as part of the Local Law review which will assist Council Officers in addressing this issue.”

Explanation For the last two years various Council Officers from both Banyule & Darebin, Victoria Police, Darebin Creek Co-ordinator, Neighbourhood Renewal (now 3081 Connect) and concerned local residents have been meeting to discuss the issue of illegal motorbikes on the Darebin Creek in particular from Bell Street to Dougharty Road. Various concepts have been reviewed and various approaches have been considered. At a meeting on 26 February 2014 it was resolved that Council be requested to install 10 signs on the entrances and paint 8 on the trail prohibiting motorbikes. The cost of $1,300 to be covered within the year’s budget. The review of the Local Laws is also considering various changes which will assist Council Staff in addressing this issue. This will be detailed in the review before Council later this year.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

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8.3

APPRENTICES - BANYULE CITY COUNCIL

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2013/947

8.3

Notice of Motion

TAKE NOTICE that it is my intention to move: “That Council take on apprentices only if there is a position available at the end of the apprenticeship.” Explanation That the Management of the various Departments who may employ apprentices are proactive in their support of apprentices and are adequately trained in dealing with them.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

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8.4

INVESTIGATION - TRAFFIC CHALLENGES BUNGAY STREET, WATSONIA

Author:

Cr Rick Garotti

Ward:

Grimshaw

File:

F2013/947

8.4

Notice of Motion

TAKE NOTICE that it is my intention to move: â&#x20AC;&#x153;That Council: 1.

Undertake a thorough investigation into the traffic challenges that are experienced on Bungay Street, Watsonia and connected streets in Watsonia in the mornings and afternoons of school days as a consequence of parents dropping-off and picking-up their children at Loyola College.

Develop potential options for consideration by Council to better manage these traffic challenges. This could include consideration of the traffic engineering solutions employed around schools in other Councils.

Consult with local residents and Loyola College in undertaking the investigation. The investigation should commence with a survey to local residents to gather their feedback on the nature and severity of the problem and on their suggestions for how this problem can be managed.

Write to Loyola College seeking details of their proposed actions to assist in managing traffic and car parking associated with school drop off and pick and work with Loyola College so that the actions can be agreed and implemented."

Explanation The Ward Councillor recently attended a community consultation forum organised by Loyola College on their proposed new Performing Arts Centre. The most significant and consistent theme that emerged from the forum concerned the ongoing traffic challenges that are experienced on Bungay Street, Watsonia in the drop-off and pickup periods on school days. The ward Councillor made a commitment at the forum that he would table a Notice of Motion seeking Council to investigate this issue and to develop potential options for consideration by Council.

CR RICK GAROTTI Grimshaw Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

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8.5

BANYULE CITY COUNCIL WARD FUNDING GRANTS PROGRAM IMPROVEMENTS

Author:

Cr Rick Garotti

Ward:

Grimshaw

File:

F2013/947

TAKE NOTICE that it is my intention to move: â&#x20AC;&#x153;That: 1.

Council develop options to refine and improve the operation of Banyule's Ward funding grants program by introducing greater consistency in its application with the other community grants programs administered by Council;

Councillors be actively engaged in the development of these options;

This process be undertaken as a matter of urgent priority given that deliberations concerning the 2014-15 budget are approaching and that Councillors will need to establish the level of funding to be directed to the Ward funding grants program as well as the other community grant programs administered by Council.â&#x20AC;?

Explanation Banyule City Council has a long and proud history of supporting our clubs and community organisations in delivering a range of services and benefits to our community. One of the key mechanisms by which Council provides this support is the through the Ward funding grants program. The Ward funding grants program is delivered in a clear, transparent and fully accountable process. The program is completely consistent with State Government legislation and guidelines concerning the operation and governance of Council finances. Nevertheless, Councillors believe that there may be an opportunity to refine and improve the operation of this program by introducing greater consistency in its application with the other community grants programs administered by Council. These changes could also help to address the concerns of some community members regarding the integrity of the program.

CR RICK GAROTTI Grimshaw Ward ATTACHMENTS Nil

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8.5

Notice of Motion

8.6

IVANHOE PRIMARY SCHOOL - TRAFFIC CONCERNS IN AILSA GROVE

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2013/947

8.6

Notice of Motion

TAKE NOTICE that it is my intention to move: “That Council Investigate: 1.

The possible improvements to the existing ‘pick-up and drop-off’ parking area in Ailsa Grove, including possible changes to the existing parking restrictions in the street, with consultation of the School and the residents.

The possible re-opening of Tate Street at Ailsa Grove, or other alternative for traffic to exit or turn-around at Ailsa Grove.”

Explanation I have been contacted by Ivanhoe Primary School in relation to traffic and parking concerns, particularly in Ailsa Grove at school starting and finishing times. The school population of the Ivanhoe Primary School has increased over the past few years and demands are also increasing. The demand will mean an existing temporary class room will be replaced with a two storey portable. It is also expected that an additional two storey portable will be needed before long. This increased school population has meant greater traffic around the school and increase demand for parking. The current traffic management and the parking arrangement have been in place for a number of years. This needs to be reviewed in consultation with the school staff and parents, as well as local residents.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

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8.7

YOUTH COUNCIL

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2014/492

8.7

Notice of Motion

TAKE NOTICE that it is my intention to move: â&#x20AC;&#x153;That: 1.

Council trials a Youth Council similar to the Victorian Youth Parliament which operates annually from Parliament House in Mellbourne.

Council invites all secondary schools to nominate 4 students* to the Youth Council. The Youth Council to meet during the third term at a mutually agreeable date and the year level participating be subject to further discussion and availability. *Numbers may increase if Schools do not participate.

The following Schools be invited: Bundoora Secondary College Charles La Trobe College Concord School Greensborough Secondary College Ivanhoe Grammar Ivanhoe Girls Grammar Loyala Secondary College Macleod College Montmorency Secondary College Parade College Our Lady of Mercy College St Helena Secondary College Viewbank College.

Minutes of the meeting are recorded.

The resolutions of the Youth Council be reported back to Council via a Council Report each year.â&#x20AC;?

Explanation To assist young people with greater knowledge of Council and how it operates, Banyule Council should conduct a "Youth Council" annually. This Notice of Motion is establishing a trial and this can be assessed for future planning. Students will be asked for the topics of interest to them. The four most popular subjects will become the Agenda items. Schools will be asked to take responsibility for transporting the students to and from Council. Given the size of the Public Gallery Council may have to limit observers to only teachers, family and the press.

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Notice of Motion

8.7

YOUTH COUNCIL cont’d

The Youth Council will allow Councillors and Staff to better understand their interests and possible concerns of our young residents. Council can also better explain its roles and responsibilities during the breaks and promote a better level of understanding of its role in the three levels of Government we have in Australia. Given Council is not an adversarial chamber like Parliaments Students do not have to be for or against the Agenda item. They may share their concerns about the subject matter or they express a particular point of view. The Youth Council would take the following format: 

The Youth Council will be chaired by the Mayor and Councillors can facilitate the meeting as Chair (acting Mayor) throughout the day.



Two students from each school act as Councillors (8 students at a time act as the Council) with 4 sessions in the day.



The Schools (students) to set the Agenda.



Agenda items to be discussed for approximately 30 minutes (mover will have 5 minutes everyone else 3 minutes with a summation of 2 minutes) Like Council there will be 14 minutes allocated for comments from the gallery (this would allow up to 7 students to make a 2 minute comment).



Each Council session lasting 45 minutes in total.



The day Agenda will be: 9.45am: 10am: 10.30am: 11.15am: 12noon: 12.45pm. 1.30pm. 2.15pm. 2.30pm.

Arrival Morning Tea and Introductions Session 1 Session 2 Lunch (Directors can give overview of their Departments during Lunch) Session 3 Session 4* Afternoon Tea Conclusion

*last session may be reduced depending on numbers participating. 

With four sessions This would allow 32 students to be Councillors and 28 to participate from the gallery. Total of 60 Students.



The day will commence with a briefing from the Mayor and CEO over morning tea with two sessions before lunch and 2 sessions after lunch. The day will conclude with an afternoon tea.



An appropriate sized room will need to be provided at the Centre Ivanhoe to host the teas and lunch. Council will have displays from each Department around the room outlining their roles and responsibilities. Councillors, CEO, Directors and Senior Management would be invited to interact with the students during the breaks.

Ordinary Meeting of Council - 17 March 2014

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Notice of Motion

YOUTH COUNCIL contâ&#x20AC;&#x2122;d

8.7

The format as set out above is a starting point for the Youth Council and is subject to change to accommodate the students.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 17 March 2014

Page 33

ATTACHMENTS

4.1

Warringal Parklands and Banyule Flats Heritage Assessment Attachment 1

4.3

10 Martin Street, Heidelberg Attachment 1 Attachment 2

6.2

Warringal Parklands and Banyule Flats Cultural Heritage Assessment ..................................................................................... 36 Advertised plans ............................................................................ 125 Planning controls ........................................................................... 145

Councillor Motions - Status Update Attachment 1

Councillor Motions Update Report ................................................. 152

ORDINARY MEETING OF COUNCIL ON 17 MARCH 2014 Page 35