Banyule City Council Minutes 6 October 2014 by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 6 October 2014 commencing at 7.45pm

MINUTES THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3 PRESENT .............................................................................................................................. 3 APOLOGIES .......................................................................................................................... 3 LEAVE OF ABSENCE ........................................................................................................... 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 4 PRESENTATION ................................................................................................................... 4 2.2 Proposed Netball Courts at Seddon Reserve .......................................................... 5 1. PETITIONS ...................................................................................................................... 6 1.1 Stormwater overflow at 10 and 12 Cantala Avenue, Rosanna ................................ 6 1.2 The lease of Part of Chelsworth Park to The Ivanhoe Grammar School.................. 7 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 7 2.1 Shelley Reserve Temporary Shipping Containers ................................................... 7 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 8 3.1 Allocation of the 2014 Banyule Environmental Sustainability Grants ....................... 8 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT.............................. 11 4.1 Proposed multi dwelling development at 204 - 206 Lower Heidelberg Road, Ivanhoe East ......................................................................................................... 11 4.2 Multi Dwelling Development at 40 Liddesdale Grove, Eltham North ...................... 20 4.3 Banyule Flats and Warringal Parklands Heritage Nomination ............................... 29 4.6 Julinda Court Greensborough - Proposed Discontinuance of Unused 'Road' Hearing of Submissions ........................................................................................ 30 4.7 Proposed multi-dwelling development at 47 Lower Plenty Road, Rosanna ........... 31 5.1 Proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar SchoolReport on Submissions ......................................................................................... 33 4.4 Willis Street, Greensborough - Proposed Discontinuance of Section of Unused 'Road' - Determine Intention to Discontinue ............................................. 34 4.5 Margaret Avenue, Montmorency - Proposed discontinuance of section of unused 'road' - Determine Intention to Discontinue ............................................... 35

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

5. PARTICIPATION â&#x20AC;&#x201C; COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 36 5.2 World Health Organisation's -Global Network of Age Friendly Cities Membership .......................................................................................................... 36 5.3 Proposed Lease for Shop 48 The Mall, West Heidelberg, for the purpose of Community Information and Support Services ...................................................... 37 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 38 6.1 Contract No. 1212/1017 - Natural Gas & Associated Services to all Sites............. 38 6.2 Assembly of Councillors ........................................................................................ 39 7. SEALING OF DOCUMENTS ......................................................................................... 42 7.1 Sealing of Documents ........................................................................................... 42 8. NOTICES OF MOTION .................................................................................................. 43 8.1 Buy Local Campaign ............................................................................................. 43 8.2 Mayoral Duties and Attendances .......................................................................... 43 8.3 Mayoral Election 2014 .......................................................................................... 43 9. GENERAL BUSINESS .................................................................................................. 44 9.1 Wellness Walk - 28 September 2014 .................................................................... 44 9.2 Vote of Thanks - Mayoral Ball ............................................................................... 44 10. URGENT BUSINESS..................................................................................................... 44 10.1 Advocacy on International Funds Transfer for the Somali Community in Banyule ................................................................................................................. 44 10.2 Banyule's Commitment to a Harmonious and Multicultural Community ................. 45 10.3 Advocate for a New Police Station to be Built on Available Land on Southern Road, Heidelberg West ......................................................................................... 46 10.4 Rate Capping ........................................................................................................ 47 CLOSURE OF MEETING TO THE PUBLIC......................................................................... 49

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

EXTENSION OF PUBLIC FORUM Resolution That the Public Forum be extended until 8.04pm. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

The Meeting opened at 8.04pm.

The Mayorâ&#x20AC;&#x2122;s Acknowledgement of the Wurundjeri People The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies Nil

Leave of Absence Cr Wayne Phillips submitted a Leave of Absence request from 11 October to 25 October 2014 inclusive. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 15 September 2014 Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

Disclosure of Interests Cr Craig Langdon declared a conflicting personal interest in item 5.3 Proposed Lease for Shop 48 The Mall, West Heidelberg, for the purpose of Community Information and Support Services. In accordance with S79B of the Local Government Act, Cr Langdon sought Councilâ&#x20AC;&#x2122;s approval to be excused from voting on the item. Resolution That Council consent to Cr Craig Langdon being exempt from voting on item 5.3 Proposed Leave for Shop 48 The Mall, West Heidelberg, for the purpose of Community Information and Support Services, due to a declaration of conflicting personal interest. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

Presentation Mr Clayton Simpson, Resource Conservation Officer, made a presentation in relation to item 5.1 Proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School- Report on Submissions regarding the benefits of the Stormwater Harvesting Project. AMEND ORDER OF BUSINESS Resolution That the Order of Business be amended so that item 2.2 is considered before item 1.1 prior to proceeding with the Agenda as listed. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

2.2

6 OCTOBER 2014

PROPOSED NETBALL COURTS AT SEDDON RESERVE

Mrs Nicole Blowfield, Miss Emily Grey and Mr Roger Fyfe spoke on the item. EXECUTIVE SUMMARY At the Ordinary Meeting of Council held on the 4 August 2014, Council resolved the following: “That a report be prepared and reported back to Council regarding the proposal of two netball courts without lights on the Southern end of Seddon Reserve including the budget implications of the proposal.” Officers have undertaken a review of the West Ivanhoe Sporting Club proposal for inclusion of two netball courts on Seddon Reserve and liaised with Sport and Recreation Victoria (SRV) regarding current guidelines and standards for netball court provision. Council’s Transport Team has undertaken a preliminary assessment of the site and car parking requirements to meet the proposal. However, a further detailed assessment is required to determine the impact of the proposed use on the surrounding streets as it relates to car parking demand. The project cost is estimated at $409,000 including the provision of additional on-site car parking of $170,000. Resolution (CO2014/315) That the West Ivanhoe Sporting Club (WISC) proposal for two non-cushioned rebound acrylic resin surface training netball courts, fencing, soil testing and contingency for the total amount of $176,500 be considered for 2015/16 Budget. Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

CARRIED

ADJOURNMENT OF MEETING The Mayor adjourned the meeting for 5 minutes.

The Meeting was adjourned at 8.39pm, and resumed at 8.44pm.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

1. PETITIONS 1.1

STORMWATER OVERFLOW AT 10 AND 12 CANTALA AVENUE, ROSANNA

EXECUTIVE SUMMARY A petition with six signatures has been received. The petition prayer is as follows: “The storm water from the above properties ran off clay pipes 50-60 years downhill via easements as per Council. The above residents have an obligation to monitor service and maintain these pipes. The pipes are not maintained and taken to a discharge point. The Drainage Department has a duty of care in ensuring safety, avoiding soil erosion, wetlands and foundation of our buildings. Properties involved want this matter resolved – the pipes have to be connected to a discharge point.” Resolution (CO2014/316) That Council: 1.

Receives and notes the petition;

Advises the property owners of their responsibilities under the Water Act;

Suggests the Victorian Dispute Settlement Centre as a possible way to resolve the issue; and

Notifies the head petitioner accordingly.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

1.2

6 OCTOBER 2014

THE LEASE OF PART OF CHELSWORTH PARK TO THE IVANHOE GRAMMAR SCHOOL

Mr Mark Dixon, Mr Gary Cattran, Mr Kevin Biaggini and Ms Robyn Roberts spoke on the item. EXECUTIVE SUMMARY A petition with 122 signatures was received on the 19 September 2014. The petition included the following prayer: We the people listed and users of Chelsworth Park, Ivanhoe. Hereby support the granting of a 20 year lease of the Chelsworth Park sporting area to The Ivanhoe Grammar School (IGS) On the understanding that IGS will maintain the ovals and pavilions during the term of the lease and any extension thereof and the area will remain open to public use. Resolution (CO2014/317) That Council 1.

Receives and notes the petition.

Notifies the lead petitioner of Council’s decision on the Lease with The Ivanhoe Grammar School and the reasons for the decision once Council has concluded the statutory process for determining the Lease.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1

SHELLEY RESERVE TEMPORARY SHIPPING CONTAINERS

Mr Roger Fyfe spoke on the item. EXECUTIVE SUMMARY At the Ordinary Meeting of Council held on 21 July 2014, Council resolved the following: “Council grants a temporary exemption to the conditions of the Sporting Reserve Club User Guide Policy and allows two shipping containers to be installed directly behind the North Heidelberg Club Rooms, subject to: 1. 2. 3. 4.

The first container be installed and used by the Club until the proposed storage extension is built. The second container be installed and used by the Bike Hut based at Malahang Reserve. The Club and the Bike Hut be responsible for installation costs, and maintaining the containers in a neat and tidy condition and free from graffiti; and This exemption to the policy being reviewed in two years.”

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

2.1

6 OCTOBER 2014

SHELLEY RESERVE TEMPORARY SHIPPING CONTAINERS cont’d

This report discusses the limited storage space that is available to the North Heidelberg Sporting Club at Shelley Reserve and to the Malahang Bike Hut Committee at the Malahang Bike Hut. Shipping containers for storage within Council reserves is generally not encouraged given the impact on amenity as they can look untidy and often attract graffiti. Two shipping containers could be installed directly behind Shelley Reserve Pavilion to accommodate additional short term storage needs as the impact on amenity will be relatively minimal. Both parties will take full responsibility for obtaining the containers and for their associated maintenance. Further investigation will take place to determine the cost of providing more permanent storage solutions for both groups. Resolution (CO2014/318) That Council 1.

Approve the installation of two shipping containers to be stored behind Shelley Reserve Pavilion temporarily until 31 December 2016.

That all costs associated with each shipping container relating to hire or purchase, maintenance, graffiti management, cleaning and removal be borne by the North Heidelberg Football Club and Malahang Bike Hut Committee for their use.

Refer cost estimates for a more permanent storage solution at the Shelley Reserve Pavilion to the 2015/16 Council budget process.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY 3.1

ALLOCATION OF THE 2014 BANYULE ENVIRONMENTAL SUSTAINABILITY GRANTS

EXECUTIVE SUMMARY The purpose of this report is for Council to consider the 2014 allocation of the Banyule Environmental Sustainability Grants. The 2014 grant pool is $50,000 with a maximum of $5,000 awarded. Applications are submitted annually and assessed by Council Officers and the Banyule Environment Advisory Committee (BEAC). A total of 34 applications requested $107,212 for environmental projects of which 17 totalling $49,945 have been recommended by BEAC. Council Officers have reviewed BEAC’s recommendation and agree with the proposed allocation of funds.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

3.1

6 OCTOBER 2014

ALLOCATION OF THE 2014 BANYULE ENVIRONMENTAL SUSTAINABILITY GRANTS cont’d

The recommended projects reflect the strong community interest in food production, waste avoidance, organics composting, biodiversity and sustainable gardening practices and align with Council’s PLANET priorities. Following Council’s consideration of the applicants’ suitability, they will be notified of their success or otherwise. Successful applicants will be invited to a presentation evening on 26 November 2014. Currently the Environmental Sustainability grant pool is drawn from different budgets $20,000 from the Environment Operating Budget, and $30,000 from the New Works and Services Budget. It is recommended that all funds be consolidated in the Operating Budget. Resolution (CO2014/319) That Council: 1.

Awards the following Environmental Sustainability Grants in 2014:

Group

Project

Total $

Friends of Wilson Reserve Inc. Streeton Primary School Inc.

Bat Roost Box Project Description: Development of Friends of Wilson Reserve website Wildlife Water Oasis and Hibernaculum Description: Implementation and construction of a Wildlife Water Oasis. North East Corridor Protection Description: Produce and design a 60 page full colour hardback book on Banyule Flats to raise awareness off its unique ecology and beauty. Sustainable Food Forest at Watsonia Library Community Garden Description: Creation of community sensory and food garden at rear of library. Organics and Food Waste Recycling at Ivanhoe Primary Description: Introduction of organics and food waste recycling and education Reducing Food Waste in 3081 Description: Reduce food waste and educate local residents about preserving and fully utilising excess foods in innovative and sustainable ways. Care-more Car-less - Primary School Music Video Project Description: Grade 6 students documenting forms of travel students use to get to and from school. They will investigate and create solutions to obstacles, culminating in the creation of a music/dance/doco video highlighting the journey and findings. The Big Red Project Description: Four workshops developing skills around growing, seed saving and preserving tomatoes. Setting –up “sharehood” equipment library. Sustainable Macleod Projects' Programme Description: A program of 9 workshops to develop a sustainably focused community including the establishment of the Macleod Community Garden.

$1,700.00

A Sustainable Kitchen Garden Description: Water tanks to reclaim and reuse water for a sustainable Kitchen Garden for the Open House community as part of The Garden Patch initiative

$3,778.00

Leanne Cole – Photographer Auspice: Warringal Cons. Society Watsonia Library Inc.

Ivanhoe Primary School Inc.

SALT Foundation and Transition 3081 Auspice: Olympic Adult Education Briar Hill Primary School Inc.

Montmorency Community Group Inc.

Sustainable Macleod Auspice: Olympic Adult Education

Open House Inc.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

$4,800.00

$4,300.00

$3,635.00

$1,385.00

$4,550.00

$1,627.00

$3,000.00

$2,000.00

MINUTES ORDINARY MEETING OF COUNCIL

3.1

6 OCTOBER 2014

ALLOCATION OF THE 2014 BANYULE ENVIRONMENTAL SUSTAINABILITY GRANTS contâ&#x20AC;&#x2122;d

Heidelberg Occasional Care Inc. Viewbank Primary School Inc. Buna Reserve Community Garden Auspice: Banyule Community Health Transition Banyule Auspice: Olympic Adult Education

Montmorency Community Group Inc.

Earth Common Equity Rental Housing Cooperative Inc. (Murundaka Cohousing)

Montmorency South Primary School Inc.

Nature's Best Produce Description: Install a vertical-wicking vegetable/herb garden (with a fully integrated watering system) and fruit trees. Kitchen Garden Program Description: Environmentally friendly, self-sustainable kitchen garden program. Good Garden Bugs - Integrated Pest Management Description: The Good Garden Bugs project will be a series of three workshops conducted twice at the Buna Reserve Community Garden. Workshops identify both pest and beneficial insects Transition Streets 2015 Description: Organise groups of households in the same street or neighbourhood to meet regularly and self-teach sustainable household practices through a workbook of seven sessions on energy, water, food, transport and waste. The Monty Sugar Glider Project This project continues to establish whether and where sugar gliders are located in Montmorency. A new addition to our project is using volunteers' ground truthing results. Thriving Nature Strip Gardens and Sustainable Neighbourhood in Banyule Description: Help connect 28 gardeners participating in Councilâ&#x20AC;&#x2122;s 12 month Nature Strip Gardening trial across the municipality, by creating opportunities for them to meet, share their experiences and support each other. Compost Champions Description: Work collaboratively to reduce, collect and process the compostable food scraps from the local business precinct. Purchase a trailer and eight wheelie bins to provide a food scrap collection service to the local food outlets, and the five green cones to compost the food scraps at school in our kitchen garden.

$1,150.00

Total:

$49,945.00

$4,000.00

$2,720.00

$4,400.00

$2,004.00

$2,200.00

$2,696.00

Considers allocating $50,000 to Environmental Sustainability Grants in the 2015-2016 Operating Budget.

All successful applicants be notified by the BEAC Councillor representatives.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

4. PLACE â&#x20AC;&#x201C; SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST

Ms Jessica Christiansen and Mr Edward Kosciuk spoke on the item. EXECUTIVE SUMMARY The proposal is for the development of 49 dwellings in a three to four storey apartment building. It is also proposed to remove six trees from the site as part of the proposed works. A total of 60 on site car parking spaces are proposed of which 3 spaces are to be provided for visitors. A reduction of 6 visitor car parking spaces is sought. Alteration to an existing access to a main road is also proposed. The application is being reported to Council as the building scale and typology is different to the current surrounding character but consistent with the emerging character on sites close to the Ivanhoe East Neighbourhood Activity Centre. The site is considered to be appropriately located for this type of development which, subject to some modification, will be consistent with Councilâ&#x20AC;&#x2122;s Residential Areas Framework which seeks to promote housing change in this area and support this form of development. Resolution (CO2014/320) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P1072/2013 for Buildings and works for the construction of a multi-storey apartment building (between 3 and 4 storeys), associated vegetation removal, reduction in on site car parking provision and alteration to access to a Road Zone Category 1 at 204 - 206 Lower Heidelberg Road IVANHOE EAST subject to the following conditions: Plans (1)

Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted on 15th January 2014 but modified to show: (a) An increase in boundary setbacks and floor levels, generally in accordance with the modified plans dated 7th July 2014 and received by Council on 5 September 2014 but further modified to show: (i) In relation to the first floor, deletion of the southern bedroom of dwelling 110 and reduction in the length of dwelling 111 so that it does not extend south of the extent of the southern end of the central corridor. The balcony must be orientated so that it is parallel the revised elevation to dwelling 111, no greater than 1.8 metres in width and appropriately screened. (ii) In relation to the second floor, the southern extent of the corridor reduced in length so that it is setback an additional 1.8 metres from the southern boundary.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST contâ&#x20AC;&#x2122;d (iii)

In relation to the second floor, dwelling 207 consolidated with dwelling 208 and reduced in length so that the southern elevation it is setback a minimum of approximately 11.75 metres and a maximum of approximately 14.75 metres from the southern boundary. No balcony is to be located south of the resulting elevation.

(b)

Deletion of car parking spaces 1 and 19 to provide an in ground tree planting area within the front setback to Lower Heidelberg Road;

(c)

Deletion of the porthole brickwork in the rear building elevation and provision of alternate visually lightweight balcony balustrading;

(d)

Landscaping as required by Condition 2 of this permit;

(e)

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

The use of an On-site Stormwater Detention (OSD) system;

(ii)

The connection to the Council nominated legal point of discharge;

(iii)

The specified flood level for the property.

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. (f)

The Tree Preservation Fencing in accordance with Condition 15 of this permit;

(g)

A schedule of external building materials and colours, including details of cladding and roofing materials. The schedule should be presented on a separate sheet and must include colour samples;. The rainwater storage tank for the development including its location, sizing and a notation of the connections and end use; The location and sizing of solar hot water units; All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA. Where sustainable design features outlined in the SDA/SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc); Improved solar access to each apartment located on the Lower Ground, Ground and First Floor level located in the south-western corner of the site by either providing an aperture in the western elevation of the balcony above 1.7 metres above the finished floor level of the balcony or increasing the size of the existing aperture above 1.7 metres above the balcony floor level; Elevational details of the site services kiosk within the front garden and relocation, as required, to reduce the visual impact of the kiosk within the front garden and broader streetscape appearance of the development; To facilitate the protection of the canopy of the Desert Ash located at 208 Lower Heidelberg Road and minimise the visual bulk of the development in the southeastern corner of the site:

(h) (i) (j)

(k)

(l)

(m)

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST contâ&#x20AC;&#x2122;d (i)

(n) (o)

(p)

(q) (r)

(s)

(2)

Lower Ground level Apartment 5 changed from a two bedroom to one bedroom apartment and Apartment 6 floor plan amended to achieve a 5.63 metre setback from the eastern property boundary at Lower Ground level; (ii) Ground Floor one bedroom Apartments 11 and 12 consolidated to form one two bedroom apartment, now labelled as apartment 11 to achieve a 5.63 metre setback from the eastern property boundary; (iii) First Floor Apartment 11 setback amended to 5.63 metres from the eastern property boundary. The Development summary sheet amended to provide for a total of 48 apartments (previously 49 apartments); The location of replacement planting of two street trees within the Lower Heidelberg Road nature strip in front of the application site as required by Condition 2; The width of the driveway and crossover to be 6.1 metres as specified in the Cardno Traffic and Transport Assessment Report, dated 9 January 2014 as required by VicRoads as required by Condition; Waste management plan specifying that bin collection is to be conducted within the basement car park as required by VicRoads; All balconies save that for Dwelling 010 to have an area of no less than 8 square metres with a minimum width of 1.6m (measured to the interior of the balcony rather than the outside face of the enclosing wall) unless an accessible ground level open space is provided for the dwelling; The stair lift within the front setback removed and replaced with landscaping if the disabled access ramp can be designed to be Design and Disability Act compliant.

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 throughout the site;

(b)

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

(c)

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

(e)

Provision of replacement planting for vegetation that is to be removed including: (i) a minimum of three large canopy trees (mature height of greater than 12m) planted at a semi-advanced state (minimum pot size 40 litre) within the rear setback of the development (ii) 5 medium canopy trees (mature height of at least 12m) planted at a semiadvanced state (minimum pot size 16 litre), two in each side boundary setback and one within the front setback of the development (iii) The location, species and height at planting of replacement planting of two street trees within the Lower Heidelberg Road nature strip in front of the application site.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

(3)

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST cont’d (g)

An indigenous and/or drought tolerant planting theme;

(h)

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

(i)

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

(j)

Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment and STORM report, with reference to connection details on the engineering plans

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.

Amenity (4)

Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

(5)

The operation of fixed plant and equipment, including noise emissions from any equipment required for refrigeration, air-conditioning, heating, ventilation and the like must not cause a Nuisance (as defined under the Public Health and Wellbeing Act 2008), to the satisfaction of the responsible Authority. A Nuisance may include noise, odour or any other thing deemed a “nuisance” under the Act.

Urban Design / External Appearance (6)

Prior to the commencement of the development, details of the proposed external facing, roofing and paving materials are to be submitted to and approved in writing by the Responsible Authority.

(7)

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

Car Parking / Access (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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST cont’d

(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 nature strip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

(11)

The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.

Tree Protection / Landscaping (12)

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

(13)

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site, a canopy management plan is to be submitted to and approved in writing by the responsible Authority for the Desert Ash located at 208 Lower Heidelberg Road. This plan must consider the design of any scaffolding layout for construction work to avoid interference with the tree, as well as the need and extent of any future pruning necessary for construction purposes and the future maintenance of clearances of the tree canopy from the proposed building and private open space within the development once the development has been completed.

(14)

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 Desert Ash located at 208 Lower Heidelberg Road. 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 Zone is to be provided to the extent of the canopy of the tree and the proposed building footprint as shown on the endorsed plan, as required and as to be agreed on site with Council’s arborist. (b) 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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST cont’d (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.

(d) 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”. (e) 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. (f)

Access to Tree Preservation Zone (i)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority;

(ii)

No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

(iii)

No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;

(iv)

Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

(15)

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST contâ&#x20AC;&#x2122;d All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees and in accordance with the canopy management plan approved under this permit and to the satisfaction of the Responsible Authority.

Waste Management Plan (16)

Prior to the commencement of development, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include: (a) (b) (c) (d) (e) (f)

Dimensions of waste areas. The number of bins to be provided and capacity. Details on method and frequency of cleaning and maintenance of waste areas. Details of ventilation. Details of unwanted goods storage. Method of waste and recyclables collection including the need to provide for private waste collection services. (g) Hours of waste and recyclables collection. (h) Measures to minimise impact upon local amenity. (i) Method of presentation of bins for waste collection. (j) Strategies for how the generation of waste and recyclables from the development will be minimised. When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. Construction Management Plan (17)

Before the development starts, a construction management plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: (a) (b) (c) (d) (e) (f) (g) (h)

measures to control noise, dust and water runoff; prevention of silt or other pollutants from entering into the Councilâ&#x20AC;&#x2122;s underground drainage system or road network; the location of where building materials are to be kept during construction; site security; maintenance of safe movements of vehicles to and from the site during the construction phase; on-site parking of vehicles associated with construction of the development; wash down areas for trucks and vehicles associated with construction activities; cleaning and maintaining surrounding road surfaces;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST cont’d (i)

a requirement that construction works must only be carried out during the following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm; • Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (only activities associated with the erection of buildings. This does not include excavation or the use of heavy machinery.)

VicRoads (18)

The crossover and driveway are to be constructed to the satisfaction of the Roads Corporation or the Responsible Authority and at no cost to VicRoads prior to the commencement of the use hereby approved.

(19)

All disused or redundant vehicle crossings must be removed and the kerb, channel and nature strip must be reinstated to the satisfaction of and at no cost to VicRoads prior to the commencement of the use hereby approved.

Time Limits (20)

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: 

The development is not commenced within two years of the date of this permit;



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

the

Permit Notes (A)

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

(B)

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

(C)

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST cont’d Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

(D)

(E)

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

(F)



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.

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

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



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



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

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

6 OCTOBER 2014

PROPOSED MULTI DWELLING DEVELOPMENT AT 204 - 206 LOWER HEIDELBERG ROAD, IVANHOE EAST contâ&#x20AC;&#x2122;d

(G)

VicRoads The proposed development requires road works within the declared road reserve including reinstatement of discussed crossovers to kerb and channel. Separate approval under the Road Management Act for this activity may be required from VicRoads. Please contact VicRoads prior to commencing any works.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

4.2

CARRIED

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH

Mr Kevin Biaggini and Ms Heidi Crundwell spoke on the item. EXECUTIVE SUMMARY The proposal includes the development of 10 double storey dwellings and removal of native vegetation. All vegetation assessed as having a high retention value will be retained and sufficient space will be provided between dwellings to plant new trees to maintain the vegetated character of the locality. The dwellings will be constructed using materials and colours that are characteristic of the area. Eight objections have been received raising concerns regarding neighbourhood character and vegetation removal amongst other things. The development is considered to be an appropriate outcome for the site, resulting in a density that is consistent with the rhythm and spacing in the neighbourhood. The dwellings will sit within a well vegetated landscape setting. The application is being referred to Council for a decision as Council is also the applicant and as such a decision should be made in the public forum given that there are objections to the proposal. Resolution (CO2014/321) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P232/2014 for Buildings and works for the construction of 10 double storey dwellings and removal of native vegetation at 40 Liddesdale Grove ELTHAM NORTH subject to the following conditions: Plans (1)

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d (a)

The accessway modified to incorporate curves to avoid a ‘gun barrel’ effect.

(b)

The entry to the Dwelling 2 relocated to a more visually obvious location, preferably on the southern elevation;

(c)

The Dwelling 1 garage moved outside of the tree protection zone of tree 929;

(d)

The carport finished floor level of Dwelling 2 raised to ensure that no more than 100mm of cut is required;

(e)

Tree 180 shown as removed;

(f)

Measures to ensure protection of tree 792 including relocation of curb and channel if required;

(g)

All trees on site marked as either retained or removed including changes as required by condition 1(h);

(h)

The trees within proximity of the pedestrian path along the southern boundary be assessed to determine their suitability for retention rather than removal. This may include adjustment to the alignment of the path where possible to facilitate their retention;

(i)

A note to indicate where tree sensitive construction techniques are required for trees in proximity to the public path to the south of the site;

(j)

The three visitor car parking spaces on the western site boundary removed;

(k)

6m3 of external storage for each dwelling;

(l)

Dwellings 2, 4, 5, 7, 8 and 9 to have doorway widths of 850mm, hallways of 1m, a level area of 1.2m x 1.2m at the entry and a clear space of 1200mm x 1200mm forward of a toilet pan and shower;

(m)

Any fill located within the Tree Protection Zone of tree 235 on lot 5 must be retained through a retaining wall utilising well drained medium;

(n)

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

(o)

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

(p)

A schedule of external building materials and colours, including all including all colours and details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples;

(q)

The provision of a rainwater storage tank for each of the dwellings including its location, sizing and a notation of the connections and end use;

(r)

An Offset Management Plan prepared in accordance with condition 6;

(s)

All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA) required by Condition 3. Where sustainable design features outlined in the SDA cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures)

(t)

Landscaping as required by Condition 2 of this permit;

(u)

The Tree Preservation Fencing in accordance with Condition 18 of this permit;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH contâ&#x20AC;&#x2122;d (v)

Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i) The use of an On-site Stormwater Detention (OSD) system; (ii) The connection to the Council nominated legal point of discharge; 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.

(w)

(2)

Provision of kerbing and Water Sensitive Urban Design (WSUD) measures to minimise the amount of run-off/sheet water entering the municipal conservation reserve;

Species chosen should be of local provenance from the EVC 22 Grassy Dry Forest.

(c)

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

(d)

Provision of formed garden beds with edging around the landscape zone within the front setback of each dwelling 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)

Provision of replacement planting for vegetation that is to be removed including a minimum of 4 large canopy trees (mature height of at least 15m) planted at a semi-advanced state (minimum pot size 40 litre) and 5 medium canopy trees (mature height of at least 8m) planted at a semi-advanced state (minimum pot size 16 litre) and 10 small canopy trees (mature height of at least 5m) planted throughout the site. ;

(h)

An indigenous and/or drought tolerant planting theme;

(i)

(j)

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH contâ&#x20AC;&#x2122;d (k)

(3)

Before the development permitted by this permit starts, a Sustainable Design Assessment (SDA) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When submitted and approved, the SDA and associated notated plans will be endorsed to form part of the permit.

(4)

Prior to the commencement of development, a vegetation Offset Plan (OP) must be prepared and endorsed to the satisfaction of the Responsible Authority. The OP must provide an appropriate offset for the removal of 60 indigenous trees in accordance with the Permitted clearing of native vegetation â&#x20AC;&#x201C; Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013).

(5)

Prior to the commencement of development, a footpath alignment and landscaping plan must be submitted to and approved by the Responsible Authority. The plan must incorporate realignment of the path as a result of condition 1h and must show the treatment and landscaping of the path.

(6)

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not commence until:-

(7)

(8)

(a)

Orchids (Corybas diemencius, Microtis sp, Pterostylis sp. Thelymitra media,) Geranium sp 3 (pallidiflorum) and Billardiera scandens subsp. braceatha are translocated from the subject site into the municipal reserve to the south;

(b)

Any native fauna from the subject site relocated by an appropriately qualified person into the municipal reserve to the south;

(c)

Tree protection fencing established in accordance with condition 17.

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 including: (a) Development completed in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering). (b)

Vegetation offsetting secured in accordance with the Offset Management Plan required by condition 6.

(c)

The pedestrian path along the southern boundary to be constructed in accordance with the footpath alignment and landscaping plan required by condition 6.

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.

Urban Design / External Appearance (9)

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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d

(10) Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until:(a)

The tree protection measures required by Condition 13 are installed to the satisfaction of the Responsible Authority.

(b)

A Construction Management Plan is submitted to and approved by the Responsible Authority, in accordance with condition 4.

Car Parking / Access (11) 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. (12) 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. (13) The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority. (14) 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 (15) The development permitted by this permit must not be commenced until a satisfactory Tree Management Plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in arboriculture, must be prepared in accordance with Section 5, AS4970 – Protection of Trees on Development Sites, and shall include: (a) A plan and corresponding detail identifying location of each tree (those to be retained only), their species, tree preservation zones and ground protection (tree protection plan) and other relevant identifying information.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d (b)

In relation to the development phase: (i)

(c)

The processes required to initiate, manage and protect the canopies, limbs and root systems of retained trees during the construction process. All processes and protective measures must be undertaken in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites. Particular detail must given in regards to the management process of tree root systems – including supervision, root exposure and excavation method, and root severance – where works are approved within the TPZ of a retained tree. No works shall be commenced within the TPZ of any of these trees until such a management plan is received and endorsed by the Responsible Authority. (ii) Inclusion of the project arborist details, and dates when periodical inspections will take place to ensure compliance as well as the scheduling of proposed tree management techniques. (iii) Show locations of tree protection fencing, and any other methods such as hording that may be used to protect trees during demolition and construction. Following completion of the development: (i) (ii) (iii)

Maintenance requirements for the trees. Ongoing tree protection requirements. Other relevant recommendations.

(16) 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. (17) 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 all of the trees proposed to be retained and trees on neighbouring land that have part of their Tree Protection Zones on the subject land. 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 and ground protection are to be installed as shown on the endorsed tree protection plan

(b)

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.

(c)

Fencing Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres of chain mesh or like and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d

(d)

(i)

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

(ii)

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”.

(e)

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.

(f)

Access to Tree Preservation Zone (iii) (iv)

(v) (vi)

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 re-fuelling 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 by a qualified arborist. Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. (18) Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.2

6 OCTOBER 2014

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d

(19) All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees. (20) Any underground service installations within a Tree Protection Zone must be bored to a depth of at least 600mm. Time Limits (21) In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: 

The development is not commenced within two years of the date of this permit;



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)

(B)

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

(C)

Building over Easements No structure shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

4.2

MULTI DWELLING DEVELOPMENT AT 40 LIDDESDALE GROVE, ELTHAM NORTH cont’d

(D)

Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

(E)

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: Dwelling 1 – 1/40 Liddesdale Grove, Eltham North Dwelling 2 – 2/40 Liddesdale Grove, Eltham North Dwelling 3 – 3/40 Liddesdale Grove, Eltham North Dwelling 4 – 4/40 Liddesdale Grove, Eltham North Dwelling 5 – 5/40 Liddesdale Grove, Eltham North Dwelling 6 – 6/40 Liddesdale Grove, Eltham North Dwelling 7 – 7/40 Liddesdale Grove, Eltham North Dwelling 8 – 8/40 Liddesdale Grove, Eltham North Dwelling 9 – 9/40 Liddesdale Grove, Eltham North Dwelling 10 – 10/40 Liddesdale Grove, Eltham North

(F)

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 (G)

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

Moved: Cr Wayne Phillips Seconded: Cr Mark Di Pasquale

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.3

6 OCTOBER 2014

BANYULE FLATS AND WARRINGAL PARKLANDS HERITAGE NOMINATION

EXECUTIVE SUMMARY Work is being done to see if Banyule Flats and Warringal Parklands have heritage and environmental significance. Any significance is assessed by Government authorities after they receive nominations and submissions. This report focuses on progress being made for heritage. Heritage Victoria assesses nominations and makes recommendations to the Heritage Council, who then determines if there should be any change to the Victorian Heritage Register (VHR). Council has given a heritage nomination to Heritage Victoria for Banyule Flats and Warringal Parklands (BFWP) and also for Sparks Reserve. Heritage Victoria has recently assessed the nomination for BFWP and its recommendation was advertised in the Herald Sun on the 19 September 2014. Heritage Victoria is yet to assess Council’s nomination for Sparks Reserve. Heritage Victoria is recommending to the Heritage Council that BFWP does not meet their heritage criteria for its inclusion on the VHR. Heritage Victoria is also advertising that interested parties have until 5pm, Tuesday 18 November 2014 to respond to this recommendation. This is done by writing a submission to the Heritage Council, who will make the final decision. Council can make a submission to reiterate its nomination for BFWP to be considered, by the Heritage Council, for the VHR. Whilst Heritage Victoria has advertised that interested parties can make submissions, Council can also ensure the Warringal Conservation Society (WCS) is informed of this opportunity, because the society has had a long-term presence in promoting and protecting the place. Cr Steven Briffa left the Chamber at 9.56pm. Resolution (CO2014/322) That Council: 1.

Note the Heritage Victoria recommendation that Banyule Flats and Warringal Parkland should not be included on the Victorian Heritage Register.

Write a submission to the Heritage Council, in response to Heritage Victoria’s recommendation. The submission will reiterate Council’s nomination for Banyule Flats and Warringal Parkland to be included on the Victorian Heritage Register.

Write to the Warringal Conservation Society to ensure they are aware of the Heritage Victoria recommendation and the opportunity to write a submission.

Write to Heritage Victoria, seeking a response to Council’s nomination for Sparks Reserve to be considered for the Victorian Heritage Register.

Write to all Local Federal and State Members of Parliament advising of Council’s disappointment of Heritage Victoria’s recommendation and an article be prepared for the next Council Banner.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

Cr Steven Briffa returned to the Chamber at 9.57pm. AMEND ORDER OF BUSINESS Resolution That the Order of Business be amended so that item 4.6, 4.7 and 5.1 is considered before item 4.4 prior to proceeding with the Agenda as listed. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

4.6

CARRIED

JULINDA COURT GREENSBOROUGH - PROPOSED DISCONTINUANCE OF UNUSED 'ROAD' - HEARING OF SUBMISSIONS

EXECUTIVE SUMMARY A section of Julinda Court, Greensborough, being the unused ‘road’ between 30 and 34 Paterson Crescent, Greensborough (unused ‘road’) has never been constructed as a ‘road’. Council at its Ordinary Meeting of 7 July 2014 (Item CO2014/203) considered a report in relation to the proposal to discontinue the unused ‘road’ and retain the resultant land for municipal purposes. Council resolved to commence the statutory procedures in accordance with section 207A(a) and 223 of the Local Government Act 1989 (the Act) by giving public notice of this proposal. Public notice of Council’s intention to discontinue the unused ‘road’ and retain it for municipal purposes was given in the “Diamond Valley Leader’ on 30 July 2014, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed on 27 August 2014. One written submission was received, which included a request to be heard before a meeting of Council. The purpose of this report is for Council to consider the written submission received and to hear from the submitter. The submitter has been invited to attend Council’s Ordinary Meeting of 6 October 2014 to be heard in support of the written submission received. Resolution (CO2014/323) That Council: 1.

Note one submission, which included a request to be heard, was received in response to the public notice given pursuant to Sections 207A(a) and 223 of the Local Government Act 1989 of Council’s intention to discontinue and retain for municipal purposes, the unformed section of Julinda Court, Greensborough, being the unused ‘road’ between 30 and 34 Paterson Crescent, Greensborough (unused ‘road’) also known as right of way RW452.

Determine whether or not to proceed with the discontinuance of the unused ‘road’ and to retain for municipal purposes at its Ordinary Meeting of 20 October 2014, noting one submission on the proposed discontinuance was received and that this submission was considered by Council at its Ordinary Meeting of 6 October 2014.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.7

6 OCTOBER 2014

PROPOSED MULTI-DWELLING DEVELOPMENT AT 47 LOWER PLENTY ROAD, ROSANNA

Mr Kevin Biaggini and Mr Riki Tarau spoke on the item. EXECUTIVE SUMMARY The proposal is for the construction of an apartment development comprising of 18 dwellings in what presents as three distinct built forms. Planning approval is also required for the proposed modifications to access to a main road and for tree removal. The proposal is considered to achieve an appropriate balance between the need to provide an increase in residential density near activity centres whilst maintaining and enhancing the character of the area in which it is located. The amenity of surrounding properties is also appropriately maintained. The proposal incorporates a greater number of dwellings than that previously proposed for the site, however the apartment style of construction ensures that greater areas are provided for landscaping throughout the site, with significantly larger setbacks from both side and rear boundaries now proposed. Determination of the application was deferred at the 1 September 2014 Council meeting to provide the permit applicant with the opportunity to consider amending the proposal, and in particular a reduction in the height of sections of the building. The applicant has since confirmed that no changes would be entertained in the regard and that a decision is required on the application as presented to Council. It is recommended that the application be approved. Resolution (CO2014/324) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Refusal to Grant a Planning Permit be issued in respect of Application No. P494/2013 for a multi-dwelling development (18 dwellings), associated vegetation removal and alteration of access to a Road Zone, Category 1 at 47 Lower Plenty Road ROSANNA on the following grounds: Strategic context 1.

The site is not considered appropriate for the scale and density of development proposed and is contrary to the Residential Areas Framework at Clause 21.06-2 of the Banyule Planning Scheme.

Siting, design and neighbouring residential amenity 2.

The siting and design of the proposed development will have an overbearing physical impact upon neighbouring properties and will have an adverse impact upon local residential amenity contrary to Clauses 15.01-1 â&#x20AC;&#x201C; Urban Design and 21.04-1 â&#x20AC;&#x201C; Housing of the Banyule Planning Scheme.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.7

6 OCTOBER 2014

PROPOSED MULTI-DWELLING DEVELOPMENT AT 47 LOWER PLENTY ROAD, ROSANNA cont’d

Mass, bulk, scale and neighbourhood character 3.

The mass, bulk and scale of the built form of the proposal is contrary to both the existing and preferred character of the neighbourhood and would erode the spacious and well landscaped character and have an adverse visual impact on the streetscape contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and the Neighbourhood Character and Design Detail objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.

Internal residential amenity 4.

The proposal incorporates a lack of an appropriate sense of address to Dwellings 11 and 12 and Dwellings 14-18, with an associated lack of accessibility and safety to those accessing the dwellings by foot from Lower Plenty Road, contrary to the provisions of Clause 22.03 - Safer Design Policy and the Safety and Dwelling Entry Objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.

The proposed development would provide an inadequate level of internal residential amenity by reason of poor solar access to habitable rooms, overshadowing if private open space and extensive reliance upon screening of windows to minimise overlooking contrary to the Energy Efficiency, Solar Access to Open Space and Daylight to New Windows objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.

General ResCode non compliance 6.

The proposal fails to achieve an adequate level of energy efficiency, particularly with respect to Dwellings 4. 5, 8, 12 and 16, contrary to the Energy Efficiency Objectives of Clause 55 (ResCode) of the Banyule Planning Scheme.

The siting and design of Dwellings 4, 5 and 12 allows for insufficient daylight access to the dwellings, contrary to the Daylight to New Windows objective of Clause 55 (ResCode) of the Banyule Planning Scheme.

Inadequate solar access is provided to the secluded private open space of Dwellings 4, 5, 8, 9, 12 and 16 contrary to the Solar Access to Open Space objective of Clause 55 (ResCode) of the Banyule Planning Scheme.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland

CARRIED

Cr Steven Briffa left the Chamber at 10.14pm and did not return.

ADJOURNMENT OF MEETING Resolution Council resolve to adjourn the meeting for 5 minutes. Moved: Cr Mark Di Pasquale Seconded: Cr Jenny Mulholland

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

The Meeting was adjourned at 10.15pm, and resumed at 10.20pm.

5.1

PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL- REPORT ON SUBMISSIONS

The following submitters spoke in support of their section 223 submission:    

Mr David King (8 minutes) Mr Mark Dixon (5 minutes) Mr Paul Simmonds (5 minutes) Ms Robyn Roberts (22 minutes)

EXECUTIVE SUMMARY Following the resolution of Council in July 2012 Council Officers have been negotiating a lease proposal with The Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. Council authorised officers to give public notice of Council’s intention to enter into a proposed lease with The Ivanhoe Grammar School. The giving of public notice provides the opportunity for members of the public to make a written submission in relation to the lease. Council is required, under section 223 of the Local Government Act 1989, to hear and give consideration to any submissions received in relation to the proposed lease at a future meeting of the Council. In August 2014 Council advertised its intention to enter into a proposed lease with The Ivanhoe Grammar School in The Heidelberg Leader and on Councils website. The public were able to view the proposed lease between 12 August - 9 September 2014 on Council’s web site and at Council’s Customer Service Centres. The submission period was extended by 10 days and closed on 19 September. Council received a total of 65 submissions by this time. Thirty-eight (38) submissions in support of the proposed lease and twenty-seven (27) submissions against the proposed lease have been received. All submission writers are Banyule residents and four (4) submitters have elected to speak on behalf of their submissions. A summary of all submissions is included in Attachment One. Following the formal hearing of submissions, Council officers will prepare a report and recommendation, having regard to all of the submissions received and present to Council for a decision in relation to the proposed lease of part of Chelsworth Park to The Ivanhoe Grammar School. Resolution (CO2014/325) That Council: 1.

Receives and notes the submissions in respect of Council’s intention to lease the land and buildings at 18-24 Irvine Road Ivanhoe, known as Chelsworth Park (Land) to The Ivanhoe Grammar School (School) in accordance with section 190 and 223 of the Local Government Act 1989.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

5.1

PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL- REPORT ON SUBMISSIONS cont’d

At its Ordinary Meeting of Council on the 10 November 2014 determine an outcome in relation to the proposed lease of the Land to the Ivanhoe Grammar School, noting sixty-five (65) submissions on the proposed lease have been received and that these submissions were considered and submitters heard by Council at its Ordinary Meeting on 6 October 2014.

Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips

4.4

CARRIED

WILLIS STREET, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF SECTION OF UNUSED 'ROAD' - DETERMINE INTENTION TO DISCONTINUE

EXECUTIVE SUMMARY At the southern end of Willis Street, Greensborough, adjacent to the access road to Council owned land known as Andrew Yandell Habitat Reserve, 37 St Helena Road (Yandell Reserve) there is a section of un-trafficable ‘road’ (unused ‘road’). It has not been used as a ‘road’ since the access road to Yandell Reserve was constructed in 1967. The purpose of this report is for Council to determine whether or not to proceed with the discontinuance of the unused ‘road’ and retain the land for municipal purposes to augment Council’s open space landholdings. The discontinuance or removal of ‘road’ status requires Council to form the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. In forming that view Council must, in accordance with section 207A(a) and 223 of the Local Government Act 1989, give public notice of its intention to discontinue or remove ‘road’ status and retain for municipal purposes. The giving of public notice provides the opportunity for members of the public to make a written submission in relation to the proposal. In this instance public notice was given in the “Diamond Valley Leader” on 30 July 2014 and no submissions were received. The proposal to discontinue the unused ‘road’ and retain for municipal purposes has been considered having regard to current and potential future uses. The unused ‘road’ does not portray the physical characteristics of a road and is not used by the public as a means of vehicular access. Therefore there would appear to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. Resolution (CO2014/326) That Council: 1.

In accordance with sections 207A(a) and 223 of the Local Government Act 1989, having given notice of Council’s intention to discontinue the ‘un-trafficable’ section of Willis Street, Greensborough, adjacent to the access road to the Council owned land known as Andrew Yandell Habitat Reserve, 37 St Helena Road, Greensborough, (unused ‘road’) and no submissions having been received, forms the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use for the following reasons:

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.4

6 OCTOBER 2014

WILLIS STREET, GREENSBOROUGH - PROPOSED DISCONTINUANCE OF SECTION OF UNUSED 'ROAD' - DETERMINE INTENTION TO DISCONTINUE cont’d (a)

the unused ‘road’ is not currently used by the public as a means of vehicular or pedestrian access; and

(b)

the unused ‘road’ has been landscaped and is currently maintained by Council as part of the Andrew Yandell Habitat Reserve.

Direct that the unused ‘road’ be discontinued and the land vest in Council for municipal purposes.

Authorise the publication of its resolution in the Victoria Government Gazette.

Acknowledge that upon publication of the resolution in the Victoria Government Gazette the unused ‘road’ is discontinued and the land thereafter vests in Council for municipal purposes.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

4.5

CARRIED

MARGARET AVENUE, MONTMORENCY - PROPOSED DISCONTINUANCE OF SECTION OF UNUSED 'ROAD' - DETERMINE INTENTION TO DISCONTINUE

EXECUTIVE SUMMARY The northern most section of Margaret Avenue, Montmorency, adjacent to Council owned land known as 1A Margaret Avenue, is unused and has not been used as a ‘road’ since Margaret Avenue was deviated and constructed in about 1970 (unused ‘road’). The purpose of this report is for Council to determine whether or not to proceed with the discontinuance of the unused ‘road’ and retain the land for municipal purposes to augment Council’s open space landholdings. The discontinuance or removal of ‘road’ status requires Council to form the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. In forming that view Council must, in accordance with section 207A(a) and 223 of the Local Government Act 1989, give public notice of its intention to discontinue or remove ‘road’ status and retain for municipal purposes. The giving of public notice provides the opportunity for members of the public to make a written submission in relation to the proposal. In this instance public notice was given in the “Diamond Valley Leader” on 30 July 2014 and no submissions were received. The proposal to discontinue the unused ‘road’ and retain for municipal purposes has been considered having regard to current and potential future uses. The unused ‘road’ does not portray the physical characteristics of a road and is not used by the public as a means of vehicular access. Therefore there would appear to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.5

6 OCTOBER 2014

MARGARET AVENUE, MONTMORENCY - PROPOSED DISCONTINUANCE OF SECTION OF UNUSED 'ROAD' - DETERMINE INTENTION TO DISCONTINUE cont’d

Resolution (CO2014/327) That Council: 1.

In accordance with sections 207A(a) and 223 of the Local Government Act 1989, having given notice of Council’s intention to discontinue the northern most section of Margaret Avenue, Montmorency, adjacent to Council owned land known as 1A Margaret Avenue (unused ‘road’) and no submissions having been received, forms the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use for the following reasons: (a)

the unused ‘road’ is not currently used by the public as a means of vehicular or pedestrian access; and

(b)

the unused ‘road’ is currently maintained by Council as part of Council owned land known as 1A Margaret Avenue, Montmorency.

Direct that the unused ‘road’ be discontinued and the land vest in Council for municipal purposes.

Authorise the publication of its resolution in Victoria Government Gazette.

Acknowledge that upon publication of the resolution in the Victoria Government Gazette the unused ‘road’ is discontinued and the land thereafter vests in Council for municipal purposes.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale

CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.2

WORLD HEALTH ORGANISATION'S -GLOBAL NETWORK OF AGE FRIENDLY CITIES MEMBERSHIP

EXECUTIVE SUMMARY The World Health Organisation's (WHO) Age-friendly Cities program is an international effort to help cities prepare for the rapid ageing of populations and increasing urbanisation. The program targets the environmental, social and economic factors that influence the health and wellbeing of older people. Due to widespread interest a Global Network of Age–friendly Cities has been established. Membership to this Network would support Banyule’s continual improvement in enhancing the lives of older people. To also assist in the strategic planning for older people in Banyule, it is recommended that an Older Persons Advisory Committee be established.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

5.2

6 OCTOBER 2014

WORLD HEALTH ORGANISATION'S -GLOBAL NETWORK OF AGE FRIENDLY CITIES MEMBERSHIP cont’d

Resolution (CO2014/328) That Council: 1.

Support an application to be a member of the Global Network of Age-friendly Cities.

Support the establishment of an Older Persons Advisory Committee that will oversee the development of Banyule’s Age-friendly City Plan.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

5.3

CARRIED

PROPOSED LEASE FOR SHOP 48 THE MALL, WEST HEIDELBERG, FOR THE PURPOSE OF COMMUNITY INFORMATION AND SUPPORT SERVICES

Resolution (CO2014/329) Cr Craig Langdon declared a conflicting personal interest in the item 5.3 - Proposed Lease for Shop 48 The Mall, West Heidelberg, for the purpose of Community Information and Support Services. One of the owners of the property is well known to him and served with him on the Bell St Mall Committee of Management. Cr Langdon left the Chamber at 11.19pm for the discussion and vote on the matter The Chief Executive Officer, Mr Simon McMillan, called for a temporary chairperson. That Cr Wayne Phillips be appointed as Acting Chair for the Meeting in the absence of the Mayor. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

EXECUTIVE SUMMARY Following a review of several Council funded community services Council resolved to move to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need. The Mall, Heidelberg West, was determined as the best location for an information services hub and that a shop be identified as the possible relocation site. Following protracted negotiations, ‘in principle’ agreement has been reached on terms and conditions for a proposed lease. The lease proposal provides for an initial term of nine (9) years and nine (9) months with options for two (2) further terms of five (5) years each. The obligation to pay rental commences on 1 July 2016 effectively giving Council a rent free period of twenty (20) months i.e. from 1 October 2014 until 30 June 2016. The commencing rental has been fixed at $80,000 per annum is to be indexed annually by CPI.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

5.3

6 OCTOBER 2014

PROPOSED LEASE FOR SHOP 48 THE MALL, WEST HEIDELBERG, FOR THE PURPOSE OF COMMUNITY INFORMATION AND SUPPORT SERVICES cont’d

Sections 190 and 223 of the Local Government Act 1989 do not apply because Council is not granting a lease. This proposal delivers on Council’s priorities around fiscal responsibility and partnerships by leveraging both community and business partnerships toward realising and delivering maximum social and financial dividends to the community. Council should support the proposal to enter into the lease with Gilmour’s Pty Ltd in respect to the leasing of Shop 48 The Mall, Heidelberg West, by ratifying the proposal and resolving to affix Council’s common seal to the lease. Resolution (CO2014/330) That the Common Seal of the Banyule City Council be affixed to the Lease between Gilmour’s Pty Ltd and Banyule City Council in respect of the lease of Shop 48 The Mall, Heidelberg West, for a term nine (9 ) years and nine (9) months with options for two (2) further terms of five (5) years. 1.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

CARRIED

Cr Craig Langdon returned to the Chamber at 11.22pm and resumed the chair.

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

CONTRACT NO. 1212/1017 - NATURAL GAS & ASSOCIATED SERVICES TO ALL SITES

EXECUTIVE SUMMARY Banyule City Council has contracted AGL Sales Pty Ltd (AGL) through a Procurement Australia (PA) contract (1212/1017) for four (4) years to 31 March 2014 for the provision of natural gas to its large and small sites. Council endorsement is sought to extend the contract for two (2) years from 1 April 2014 until 31 March 2016 at an estimated cost of $300,000 ($150,000 per annum). Since WaterMarc was commissioned in September 2012, Energy Australia (EA) has been the supplier of natural gas to the site at a cost of approx. $27,140 per month ($352,680 per annum). The EA agreement finishes 31 October 2014. It is intended to roll supply of natural gas to WaterMarc into the AGL natural gas contract from 1 November 2014 to achieve savings. The effect of this report is to consolidate provision of natural gas to Council facilities under one contract up until 31 March 2016 when the AGL contract expires. Resolution (CO2014/331) 1.

That Contract No. 1212/1017 for the Supply of Natural Gas & Associated Services with AGL Sales Pty Ltd be: 

extended retrospectively for two (2) years from 1 April 2014 until 31 March 2016;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

CONTRACT NO. 1212/1017 - NATURAL GAS & ASSOCIATED SERVICES TO ALL SITES cont’d 

6 OCTOBER 2014

varied to include WaterMarc, 44 Grimshaw Street, Greensborough from 1 November 2014.

That the Common Seal of the Banyule City Council be affixed to the Variation of Agreement for Contract No. 1212/1017 for the Supply of Natural Gas & Associated Services.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

6.2

CARRIED

ASSEMBLY OF COUNCILLORS

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

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

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

Date of Assembly:

13 August 2014

Type of Meeting:

Banyule Environmental Advisory Committee (BEAC)

Matters Considered:

- Environmental Sustainability Grants 2014 - Review BEAC Terms of Reference Discussion - 100% Renewable Energy – Energy Efficiency in Council Buildings

Councillors Present:

Tom Melican

Staff Present:

John Milkins Fleur Anderson

Others Present:

John D’Aloia – Interim Chair Alan Leenaerts Jonathan Thom Matt Hall Kate Roberts Denise Fernando Maree Keenan Peter Castaldo

Conflict of Interest:

Nil

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.2 2

6 OCTOBER 2014

ASSEMBLY OF COUNCILLORS cont’d Date of Assembly:

15 September 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 15 September 2014 (excluding confidential items) as listed below: 1.1 Petition - Chelsworth Park and Ivanhoe Grammar Proposed Lease 2.1 Department of Transport, Planning and Local Infrastructure Local Facilities for Local Clubs Program 2014 - 2015 funding program 4.1 A Draft Vision for Watsonia Village 4.2 Work Program for Strategic Planning Unit 4.3 Proposed Discontinuance of Section of Unused Road - Margaret Avenue, Montmorency - Hearing of Submissions 4.4 Proposed Sale of 229 Banksia Street, Ivanhoe (former Bellfield Primary School Site) 4.5 McArthur Road, Ivanhoe East - Speed Limit Reduction 4.6 Proposed Discontinuance of Section of Unused 'Road' - Willis Street, Greensborough - Hearing of Submissions 4.7 Ivanhoe Grammar School Resident Interest Group - Replacement Resident 5.1 Motions for Municipal Association Victoria (MAV) State Meeting 5.2 Flag Raising Protocols at Banyule 6.1 Assembly of Councillors 6.2 Councillor Motions - Status Update 6.3 Certification of the Statutory Statements: For the Year Ending 30 June 2014 8.1 Monthly Financial Report 8.2 Rosanna Station and Lower Plenty Road pedestrian safety 8.3 “Resolve Rosanna Road” - Petition 8.4 Victoria Cross Estate 8.5 Ward Newsletter

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.2

6 OCTOBER 2014

ASSEMBLY OF COUNCILLORS cont’d Keith Yeo - Director Corporate Services Vivien Ferlaino – Governance and Information Coordinator Emily Outlaw - Governance Liaison Officer Daniel Kollmorgen – Acting Manager Strategic and Economic Development

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

22 September 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

- Meet the Candidates - Proposed Lease – Chelsworth Park to Ivanhoe Grammar School - Budget discussion

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Daniel Kollmorgen – Acting Manager Strategic and Economic Development Darren Bennett - Manager Leisure, Recreation & Culture Tom Zappulla – Leisure Facilities, Place & Partnership Co-ordinator Giovanna Failla – Manager Youth & Family Services Tania O’Reilly – Manager Finance & Procurement

Others Present:

Carl Ziebell Anita Gill

Conflict of Interest: 4

Date of Assembly:

22 September 2014

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

Contractual Matters

Councillors Present:

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.2

6 OCTOBER 2014

ASSEMBLY OF COUNCILLORS cont’d Staff Present:

Others Present:

Nil

Conflict of Interest:

Nil

Resolution (CO2014/332) That the Assembly of Councillors report be received. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

7. SEALING OF DOCUMENTS 7.1

SEALING OF DOCUMENTS

Resolution (CO2014/333) That the Common Seal of the Banyule City Council be affixed to the following documents: 1.

Licence Agreement between Airservices Australia and Banyule City Council in respect of 16 Palara Court, Montmorency, for a term of seven (7) years commencing on 1 January 2014.

Licence Agreement between Banyule City Council and Airservices Australia in respect of 16A Palara Court, Montmorency, for a term of seven (7) years commencing on 1 January 2014.

Variation of Lease between Banyule City Council and Greensborough Bowling Club Inc in respect of 18 Liat Way, Greensborough.

Instrument of Authorisation for Planning Technical Officers Faza Fauzi, Amy King and Luca Verduci they be appointed and authorised as set out in the Instrument.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

8. NOTICES OF MOTION 8.1

BUY LOCAL CAMPAIGN

Cr Jenny Mulholland submitted a Notice of Motion. Resolution (CO2014/334) That Council promote a campaign of buying locally in the lead-up to Christmas 2014. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

8.2

CARRIED

MAYORAL DUTIES AND ATTENDANCES

Cr Craig Langdon submitted a notice of motion. Resolution (CO2014/335) That Council notes the report from the Mayor on the meetings he has attended. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

8.3

CARRIED

MAYORAL ELECTION 2014

Cr Craig Langdon submitted a Notice of Motion. Resolution (CO2014/336) That Council: 1.

Call a Special Council meeting to be held on Tuesday 28 October 2014 for the purpose of holding the Mayoral election for the 2014/15 year.

Give notice of the bringing forward of the Mayoral election from 17 November 2014 to 28 October 2014.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon

CARRIED

Cr Jenny Mulholland called for a division: FOR:

Cr Mark Di Pasquale, Cr Tom Melican, Cr Wayne Phillips and Cr Craig Langdon

AGAINST:

Cr Rick Garotti, Cr Jenny Mulholland

The Chairperson declared the motion

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

9. GENERAL BUSINESS 9.1

WELLNESS WALK - 28 SEPTEMBER 2014

Cr Jenny Mulholland commented that the Olivia Newton-John Wellness Walk held 28 September 2014 was a success and thanked the organising committee and Council staff, including Erica Hardie, in the organisation of the event.

9.2

VOTE OF THANKS - MAYORAL BALL

Cr Craig Langdon would like to thank all the staff that helped with the Mayoral Ball and the committee groups involved in the auctions. Cr Langdon particularly thanked Trish McKerrell, Karen Morrison, Allison Beckwith, Tiziana McKenzie and Emily Outlaw.

10. URGENT BUSINESS 10.1 ADVOCACY ON INTERNATIONAL FUNDS TRANSFER FOR THE SOMALI COMMUNITY IN BANYULE Resolution That Council consider an item of Urgent Business in relation to the Advocacy on International Funds Transfer for the Somali Community in Banyule. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

Explanation Somali community elders in Banyule contacted me over the weekend to advise of the challenges they are experiencing in transferring funds via Australian Banks to their families and communities in Somalia. I was advised that changes in banking practices recently been adopted by the major Australian banks are having a significant impact on the ability of Australian Somalis to quickly and efficiently transfer funds to their families and loved ones in Somalia. The changes have come in quite unexpectedly. Given the reliance that many people in Somalia have on funds received from their Australian family members for their day-to-day living and sustenance, these banking developments could have a devastating impact on communities in Somalia. This is causing great concern and distress the Somali community members in Banyule. In response, the Somali community elders have reached to their local Council to assist them in urgently advocating the Federal Government to address this issue.

10.1 ADVOCACY ON INTERNATIONAL FUNDS TRANSFER FOR THE SOMALI 44

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

COMMUNITY IN BANYULE contâ&#x20AC;&#x2122;d Resolution (CO2014/337) That Council: 1.

Recognise the impact that recent changes in banking practices adopted by the major Australian Banks is having on the ability of local Somali community members to remit funds to their families and loved ones in Somalia;

Write to the Prime Minister and the responsible Federal Government Minister on this matter to seek their advice and support in addressing this issue; and

Write to the Honourable Kevin Andrews MP, the Honourable Jenny Macklin MP and any other key stakeholders to seek their advice and support on this matter.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

10.2 BANYULE'S COMMITMENT TO A HARMONIOUS AND MULTICULTURAL COMMUNITY Resolution That Council consider an item of Urgent Business regarding Banyule's Commitment to a Harmonious and Multicultural Community. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

Explanation Recent international developments relating to the Islamic State terrorist group in the MiddleEast have led to heightened sensitivity within some of parts the broader Australian community toward our Islamic communities. Somali community elders in Banyule contacted me over the weekend to advise that some of the female members of their community have come under attack for wearing head scarves from various individuals. In response, the Somali community elders have reached-out to their local Council to show our support and solidarity for the Islamic members of our community in Banyule in these troubling and difficult times. Resolution (CO2014/338) That Council: 1.

Condemn the disappointing behaviour of a small minority within our community for attacking female Islamic community members for wearing head scarves in public.

Recognise that this behaviour does not represent the views of the overwhelming majority of community members in Banyule who take pride in our harmonious and multicultural community.

10.2 BANYULE'S COMMITMENT TO A HARMONIOUS AND MULTICULTURAL

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

COMMUNITY contâ&#x20AC;&#x2122;d 3.

Through newspaper articles in the Leader papers showcase our harmonious and multicultural community and the work we are undertaking as a Council to promote cultural harmony. These adverts should invite all residents to attend the Malahang Festival and to visit the cultural harmony tent that will be in operation at the festival and costs form part of the current operating budget.

Through the Mayor, Community Programs Portfolio Councillor and Chair of the Multicultural Advisory Committee formally invite leaders within our Islamic and Somali communities to a dinner hosted by Council to discuss their issues and concerns with Councillors. This should occur at the next available pre-briefing dinner.

Council, through the Multicultural Advisory Committee, consider hosting a community forum on this issue.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

10.3 ADVOCATE FOR A NEW POLICE STATION TO BE BUILT ON AVAILABLE LAND ON SOUTHERN ROAD, HEIDELBERG WEST Resolution That Council consider an item of Urgent Business to Advocate for a New Police Station to be Built on Available Land on Southern Road, Heidelberg West. Moved: Cr Rick Garotti Seconded: Cr Craig Langdon

CARRIED

Explanation Yesterday's Age (page 3) reported the Heidelberg West/Heights was the most burgled area by Postcode (3081) with 10 kilometres of the CBD with a burglary rate of 36.9 per 1000 homes in 2013-14. Preston/East Preston was 28.4 and Ivanhoe 25.5. Two of the top three and the second most is our neighbour (East Preston) directly opposite Banyule across from Heidelberg West. Council has previously advocated and resolved that the now non-operational Police Stations of Heidelberg West and East Preston should be replaced by a new "super site" on Southern Road near the Darebin Creek. Council has received correspondence that a Police Station is not needed or required. Resolution (CO2014/339) 1.

That given the Age Report from Sunday, 5 October 2014 and the seriously high number of burglaries in 3081 and surrounding areas that the Council again endorses the previous Notice of Motion in my name and strongly advocate for a new Police Station to be built on available land on Southern Road near the Darebin Creek.

10.3 ADVOCATE FOR A NEW POLICE STATION TO BE BUILT ON AVAILABLE LAND

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

ON SOUTHERN ROAD, HEIDELBERG WEST contâ&#x20AC;&#x2122;d 2.

Council again writes to the Premier, Police Minister, Opposition Leader, Shadow Police Minister and all the candidates contesting the State seat of Ivanhoe urging them to support a new "super site Police Station in line with the previous Council Resolution.

That Council be prepared to negotiate with the State Government to find a suitable location on Southern Road, Heidleberg West.

That Council resolves to post a letter out to every resident and ratepayer in the 3081 Postcode outlining the serious crime situation of the area and informing them of our strong advocacy on their behalf and urging them to contact the Premier and Opposition Leader as well as all the candidates contesting the State Seat of Ivanhoe.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

10.4 RATE CAPPING Resolution That Council consider an item of Urgent Business regarding Rate Capping. Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon

CARRIED

Explanation The Labor Candidate for Eltham, Vicki Ward for the forthcoming November State election has recently written to Banyule residents advising that the Labor Party will make it law that local council rates be capped to the Consumer Price Index and will need to apply to the Essential Services Commission to justify any further increase. Whilst the Candidate has chosen to focus on recent rate increases by Banyule Council in her letter there is no comparison of the median rate with neighbouring councils nor is there any commentary on the detrimental impact that such a rate capping policy will have on local government and the Victorian economy. For information purposes the MAV 2014 /15 Victorian Local Government Rates Survey made publicly available from 5th July 2014 included the following data. Rates on Median Valued Residential property excluding the State Government Fire Services Property Levy for Banyule Council and its neighbours: Whittlesea Darebin Banyule Council Manningham Boroondara Nillumbik

$1,273 $1,275 $1,358 $1,723 $1,939 $2,238.

10.4 RATE CAPPING contâ&#x20AC;&#x2122;d These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

Resolution (CO2014/340) That Council 1.

Write to the State Leader of the Opposition, The Hon Daniel Andrews to seek clarification that it is Labor’s Policy and intention to: Make it law that local council rates will be capped to the Consumer Price Index (CPI) and if a council needs to increase their rates by more than this they can make a case to the Essential Services Commission (ESC) and justify any further increase, should Labor be elected in the November State election.

Seek assurance from The Hon Daniel Andrews that should they win the Election and that rate capping be introduced by Labor they will also concurrently address the many years of cost shifting that has occurred by successive State Governments and restore grant funding for services provided by local government in partnership with the State.

Provide financial direction to local government on how it will be able to address the substantial infrastructure renewal gap if rates are capped.

Advise The Hon Daniel Andrews that rate capping along with continued cost shifting of reduction of grants in real terms will likely result in a reduction of vital services to the Banyule Community.

Write to Banyule ratepayers advising of the Council’s concerns associated with rate capping. Costs to form part of the Council’s communication budget.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon

CARRIED

Cr Rick Garotti called for a division: FOR:

Cr Mark Di Pasquale, Cr Tom Melican, Cr Jenny Mulholland, Cr Wayne Phillips, Cr Craig Langdon

AGAINST:

Cr Rick Garotti

The Chairperson declared the motion

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014

MINUTES ORDINARY MEETING OF COUNCIL

6 OCTOBER 2014

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1, 11.2, 11.3 and 11.4. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

The Meeting was adjourned at 11.56pm.

The Meeting was closed to the public at 12.00am.

DATED:........................... DAY OF ........................... 2014

............................................. MAYOR

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 20 October 2014