Banyule City Council Agenda 8 February 2016 by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 8 February 2016 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our meeting is being held on the Traditional Land of the Wurundjeri willam people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today” Apologies and Leave of Absence Confirmation of Minutes Ordinary Meeting of Council held 14 December 2015 Special Meeting of Council held 21 December 2015 Disclosure of Interests 1. Petitions 1.1 Petition for Parking Restrictions - Elphin Street, Ivanhoe, East of Waterdale Road .......................................................................................... 3 1.2 Petition in Relation to Planning Permit Application P964/2015 for removal of covenant at 59 Studley Road, Ivanhoe .................................................. 6 1.3 Studley Road, Ivanhoe - Review of Parking Arrangements ..................................... 8 REPORTS: 2. People – Community Strengthening and Support 2.1 Fernside Avenue, Briar Hill - Children's Crossing Supervisor ............................... 11 3. Planet – Environmental Sustainability Nil

AGENDA (Cont’d) 4. Place – Sustainable Amenity and Built Environment 4.1 Renaming of Mental Health Reserve, Bundoora ................................................... 17 4.2 Traffic around Loyola College, Watsonia............................................................... 22 4.3 Port Phillip and Westernport Regional Flood Management Strategy ................................................................................................................ 27 4.4 Erection of boundary fencing at 4 Radio Drive, Viewbank ..................................... 33 4.5 Proposed Amendment of Planning Permit P589/2005 to include 'Packaged Liquor Licence' at 85-87 Silverdale Road, Eaglemont .......................... 40 4.6 Ivanhoe Grammar School - Transition to Compliance ........................................... 47 5. Participation – Community Involvement in Community Life Nil 6. Performance - Use Our Resources Wisely 6.1 Council Elections 2016 ......................................................................................... 53 6.2 Preschool Leases - Commence statutory procedures .......................................... 59 6.3 Watsonia Pool Lease: 20 Liat Way, Greensborough ............................................ 64 6.4 Assembly of Councillors ........................................................................................ 67 6.5 Items for Noting .................................................................................................... 71 6.6 7 Dudley Street, Ivanhoe - Proposed Discontinuance of RW053 and Sale of Land - Hearing of Submissions .......................................................... 74 6.7 7 Flintoff Street, Greensborough - Proposed lease of car parking spaces .................................................................................................................. 80 7. Sealing of Documents 7.1 Sealing of Documents ........................................................................................... 85 8. Notices of Motion 8.1 New Pedestrian Crossing - Heidelberg Road, Ivanhoe, near The Boulevard ............................................................................................................. 87 8.2 Status of Closure of Myrtle Street, Linden Avenue and Forster Street, Heidelberg Heights .................................................................................... 88 8.3 Proposed closure of Commonwealth Bank - Heidelberg West .............................. 89 8.4 Reconciliation Week 2016 .................................................................................... 90 9. General Business 10. Urgent Business Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matter: 11. Confidential Matters 11.1 Contractual Matter Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified. Closure of Meeting

Ordinary Meeting of Council - 8 February 2016

Page 2

1.1

PETITION FOR PARKING RESTRICTIONS ELPHIN STREET, IVANHOE, EAST OF WATERDALE ROAD

Author:

Sanjev Sivananthanayagam - Transport Engineer, City Development

Ward:

Griffin

File:

F2016/48

1.1

Petitions

Previous Items Council on 9 June 2015 (Item 4.2 - Ivanhoe Grammar School Development Plan 2015-2021) EXECUTIVE SUMMARY A petition with ten (10) signatures was received from residents of Elphin Street Ivanhoe on 12 January 2016. The petition prayer is as follows: “We, the undersigned, wish hereby to advise Banyule City Council of our support for the introduction of parking restrictions in that part of Elphin Street east of Waterdale Rd; these restrictions being as defined in the Council’s ‘Proposed Parking Restrictions – Streets Surrounding Ivanhoe Grammar School’ and currently being implemented. This advice is to be understood as superseding any previous advice which may have been given on this matter by any signatory.” At its meeting on 9 June 2015, Council considered a report in relation to the Development Plan for Ivanhoe Grammar School and resolved to implement a 12 month parking restrictions trial following consultation with surrounding residents. Residents of 16 streets identified in the resolution were consulted in September 2015, the survey results indicated that a majority of the respondents in Elphin Street, Ivanhoe, east of Waterdale Road wished to retain the existing unrestricted parking. Subsequently the residents were advised that Elphin Street would not be included in the 12 month trial of area wide 2-hour parking restrictions. Following submission of this petition, the residents’ preferences have been reviewed. As the majority of respondents in this section of the street now wish to be included in the trial, parking restrictions have been installed consistent with the parking restriction trial in other streets surrounding Ivanhoe Grammar School.

RECOMMENDATION That Council: 1.

Receives and notes the petition.

Notes that Elphin Street, Ivanhoe, east of Waterdale Road has now been included in the 12 month trial of area wide 2-hour parking restrictions and appropriate signs have been installed.

Ordinary Meeting of Council - 8 February 2016

Page 3

1.1

Petitions

PETITION FOR PARKING RESTRICTIONS - ELPHIN STREET, IVANHOE, EAST OF WATERDALE ROAD cont’d 3.

Advises the primary petitioner of the Council resolution regarding this matter.

BACKGROUND At its meeting on 9 June 2015, Council considered a report in relation to the Development Plan for Ivanhoe Grammar School. Council resolved in part (Recommendation C): “1.

That within 3 months, Council undertake consultation with surrounding residents on a proposal to implement a 12 month trial of parking restrictions, which may include a resident parking permit scheme (free of charge), in some locations within the surrounding street network to minimise Ivanhoe Grammar School staff parking in the street and encouraging them to park within the onsite car park;

The streets to be included within the consultation include Latham Street, Rose Street, Merton Street, Fairy Street, Elphin Street, Redesdale Road, Russell Street, Pine Street, Scotts Parade, Marshall Street, The Ridgeway, Waterdale Road (between Lower Heidelberg Road and The Boulevard), Anerley Street, Mervyn Crescent, Gilbert Road and Central Avenue.”

Accordingly, residents were consulted in September 2015 regarding a 12 month trial of 2-hour parking restrictions in streets surrounding Ivanhoe Grammar School. The survey was evaluated on a street by street basis to determine the extent of parking restrictions to be introduced, except Latham Street, Rose Street, Merton Street, Fairy Street and Elphin Street. These streets were evaluated in two separate sections, given the different characteristics of the use of the streets to the east and west of Waterdale Road. Residents in Elphin Street, east of Waterdale Road indicated that they supported the retention of existing conditions. The majority of respondents from all other streets (and sections of streets) supported the introduction of 2-hour parking restrictions between 8am and 6pm, Monday to Friday. As such, it was decided to proceed with the trial in all streets (and sections of streets) except Elphin Street, east of Waterdale Road. Letters were sent to all residents in the survey area outlining the survey outcome for all streets. DISCUSSION The September 2015 survey results for Elphin Street, east of Waterdale Road were: -

33% response rate. 70% of the respondents wanted to retain the existing parking restrictions. 30% of the respondents wanted the trial parking restrictions in Elphin Street.

The voting position has been reviewed taking account of the petition. Residents of three properties have changed their preference in favour of the parking restrictions and residents of four properties who did not respond to the initial survey have indicated their preference for the restrictions.

Ordinary Meeting of Council - 8 February 2016

Page 4

Petitions

1.1

PETITION FOR PARKING RESTRICTIONS - ELPHIN STREET, IVANHOE, EAST OF WATERDALE ROAD contâ&#x20AC;&#x2122;d The revised results are: -

47% response rate. 29% of the respondents want to retain the existing parking restrictions. 71% of the respondents want the trial parking restrictions in Elphin Street.

Given that the majority of the respondents in this section of Elphin Street wish to be included in the 12 month trial of area wide 2-hour parking restrictions, the full length of Elphin Street is now included in the scheme. The directly affected residents have been notified and parking restrictions have been installed.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 5

1.2

PETITION IN RELATION TO PLANNING PERMIT APPLICATION P964/2015 FOR REMOVAL OF COVENANT AT 59 STUDLEY ROAD, IVANHOE

Author:

Una McCafferkey - Development Planner, City Development

Ward:

Griffin

File:

P964/2015

1.2

Petitions

EXECUTIVE SUMMARY A petition with 34 signatures has been received from local residents, the majority of which are located in Studley Road, Ivanhoe. The petition prayer is as follows: “We, the undersigned as Beneficiaries to the Covenant and/or affected residents in the area, would like to register our objections to the Planning Permit Application (P964/2015) proposed that the ‘Single Dwelling’ covenant in place at #59 Studley Road be removed. The following reasons are offered in support of this position: 



The removal of the covenant, or the ‘single dwelling’ part thereof, will provide the opportunity for the redevelopment of the complete area of 59 Studley Road to plans not currently available for scrutiny and consequently involve medium to high density dwelling proposals. The ‘Neighbourhood Character’ will be adversely affected if there is a departure from the current covenant position. There are still a number of properties of large block size with significant residences remaining in the area. Some of these are included in the Banyule Heritage Overlay. Examples include the residences at 9, 29, 47 and 135 Studley Road. The residence at 59 Studley Road could be described as something approaching an icon in the area. The property at 59 Studley Road has a single driveway running onto Studley Road on the sharpest ben in the road presenting a significant road safety risk in the event that higher usage, or duplication, of that driveway were proposed in any future development.”

No specific action by Council is sought. RECOMMENDATION That: 1.

Council Receives and notes the petition.

The concerns raised in the petition be considered as part of the assessment of Planning Permit application (P964/2015).

Ordinary Meeting of Council - 8 February 2016

Page 6

PETITION IN RELATION TO PLANNING PERMIT APPLICATION P964/2015 FOR REMOVAL OF COVENANT AT 59 STUDLEY ROAD, IVANHOE contâ&#x20AC;&#x2122;d 3.

The primary petitioner be advised accordingly.

DISCUSSION Planning permit P964/2015 seeks the removal of the single dwelling covenant which applies to 59 Studley Road, Ivanhoe. The single dwelling covenant prohibits the construction of more than one dwelling on the subject site. The application was received on 24 September 2015 and has been placed on public notification with a total of 23 objections received to date. The applicant has not provided any clear indication as to the intentions of the owners at this stage. It is understood that the purpose of the application is to establish the development potential for the property. If the covenant is removed, planning permission could be sought for a multi-dwelling development on the site. Councilâ&#x20AC;&#x2122;s Development Planning Department will continue to assess and determine the application in accordance with the Banyule Planning Scheme and the Planning and Environment Act 1987.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 7

1.2

Petitions

1.3

STUDLEY ROAD, IVANHOE - REVIEW OF PARKING ARRANGEMENTS

Author:

David Bailey - Engineering Co-Ordinator, City Development

Ward:

Griffin

File:

F2016/48

1.3

Petitions

EXECUTIVE SUMMARY Council considered a report and petitions at its meeting on 19 October 2015, regarding parking in Studley Road, Ivanhoe and resolved not to change the parking restrictions between Carn Avenue and Waldemar Road. A further petition with 61 signatures was received on 23 November 2015 supporting the retention of the existing parking arrangements and requesting that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor be cancelled. The petition prayer is as follows: “We, the undersigned, would like to request that Council review the need for, and cancel, the “Town Hall” type meeting to review options for Parking Restrictions in Studley Rd. between 59 Studley Rd and Waldemar Road, given the apparent overwhelming majority support for “No Change”, and to reaffirm our support for the “No Change” option in the survey documentation. The following reasons are offered in support of this position.  The “Conclusion” of the report [F2015/57] prepared by the Council Traffic and Transport Team states “Given the availability of parking in the area and the inconclusive level of support for the installation of short term parking restrictions on the north side of Studley Road, it is proposed that the existing parking restrictions in Studley Road Ivanhoe between Carn Avenue and Waldemar Road be retained without change.”  The corrected response rate for the Survey was 19 from the 41 surveys distributed with 4 respondents indicating their support for introducing 2 Hour restrictions and the balance of 15 respondents expressing their wish to retain the existing parking arrangement [79% for “NO CHANGE”].  The Petition supporting the “No Change” Option [lodged before the submission deadline] carried 26 signatures while the Petition supporting the “2 Hour Parking Restriction” Option [lodged after the submission deadline] carried 7 signatures [79% for “No Change”].” It is considered that the existing parking conditions in Studley Road, Ivanhoe between Carn Avenue and Waldemar Road should be retained and that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor be cancelled.

Ordinary Meeting of Council - 8 February 2016

Page 8

STUDLEY ROAD, IVANHOE - REVIEW OF PARKING ARRANGEMENTS cont’d RECOMMENDATION That Council: 1.

Receives and notes the petition.

Confirms the decision not to change the parking arrangements in Studley Road, Ivanhoe and agrees not to hold a meeting with local residents.

Notifies the primary petitioner of the Council resolution regarding this matter.

DISCUSSION Council considered parking issues in Studley Road between Carn Avenue and Waldemar Road on several occasions in 2013, 2014 and 2015. At the meeting on 19 October 2015, Council resolved to: “1.

Retain without change, the existing parking restrictions in Studley Road, Ivanhoe, between Carn Avenue and Waldemar Road.

Inform the residents on Studley Road, Ivanhoe, between Carn Avenue and Waldemar Road of this Resolution.

Arrange a meeting between local residents, Council officers, Mayor & Ward Councillor to assess if an agreement can be reached.”

A survey carried out in September 2015 into the introduction of short term parking restrictions on the north side of Studley Road between Carn Avenue and 59 Studley Road was sent to residents of Studley Road between Carn Avenue Waldemar Road. The survey returned a 46% response rate with 79% indicating that they wish to retain the existing conditions. A survey of parking occupancy carried out in September 2015 indicated that, on the north side of Studley Road, there was a higher parking occupancy to the east of 59 Studley Road than to the west of 59 Studley Road. A petition with 61 signatories has been received indicating that signatories wish to retain the existing parking conditions and requesting that Council review the need for, and cancel a proposed meeting between local residents, Council officers, Mayor & Ward Councillor. All but two of the addresses of signatories to the petition are to the west of 59 Studley Road (including Carn Avenue), with the other two signatories addresses not in Ivanhoe. It is considered that the current level of parking on the north side of Studley Road does not warrant the introduction of parking restrictions at this stage and that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor is not warranted.

Ordinary Meeting of Council - 8 February 2016

Page 9

1.3

Petitions

1.3

STUDLEY ROAD, IVANHOE - REVIEW OF PARKING ARRANGEMENTS cont’d CONCLUSION Following Council’s consideration on 19 October 2015 of a report and petitions regarding the introduction of parking restrictions on the north side of Studley Road, Ivanhoe, a further petition with 61 signatures has been received requesting that the existing parking conditions be retained and that the proposed meeting between local residents, Council officers, Mayor and Ward Councillor be cancelled. It is considered that these requests should be supported. ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 10

2.1

FERNSIDE AVENUE, BRIAR HILL CHILDREN'S CROSSING SUPERVISOR

Author:

Ana Caicedo - Traffic & Transport Team Leader, City Development

Ward:

Beale

File:

F2016/47

2.1

People – Community Strengthening and Support

Previous Items Council on 21 September 2015 (Item 4.1 - Children's Crossing at Fernside Avenue, Briar Hill) Council on 30 November 2015 (Item 2.1 - Supervised Children's Crossings) EXECUTIVE SUMMARY Given the high percentage of children walking to Sherbourne Primary and the nature of the surrounding road network, the number of vehicles using Fernside Avenue, Briar Hill, has not been sufficient to meet VicRoads warrants for a children’s crossing supervisor subsidy. Council requested VicRoads to give special consideration to subsidising the supervision of the crossing through the application for the 2016-17 children’s crossing supervision subsidy. While a formal response on VicRoads’ decision to subsidise the crossing will not be received until May 2016, VicRoads’ Community Road Safety Advisory Unit has indicated that the likelihood of including the subsidy for the employment of a supervisor at the Fernside Avenue crossing for the 2016-17 financial year is high. RECOMMENDATION That Council: 1.

Continue to fund the supervision of the crossing on Fernside Avenue, Briar Hill, between Hyacinth Street and Outlook Crescent for the 2016 calendar year.

Following confirmation from VicRoads in regards to the provision of a subsidy for the supervision of the crossing on Fernside Avenue, Briar Hill, continue to fund the supervision of the crossing until the warrants are met.

Inform Sherbourne Primary School of this resolution. 4.

Ordinary Meeting of Council - 8 February 2016

Page 11

2.1

People – Community Strengthening and Support

FERNSIDE AVENUE, BRIAR HILL - CHILDREN'S CROSSING SUPERVISOR cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. BACKGROUND The provision of children’s crossings is considered at locations where the relationship between the number of children crossing and the volume of traffic meet the required criteria, or other conditions on the road suggest that the risk for pedestrians crossing the road is high. VicRoads established that the installation of children’s crossing infrastructure is warranted at locations where 20 or more children and 50 or more vehicles cross within one hour. Furthermore, at locations where the hourly volume of vehicles exceeds 100, a supervised children’s crossing may be warranted. VicRoads provides a subsidy to councils to employ crossing supervisors. Pedestrian and vehicle counts are conducted at each school crossing site at least every three years to determine whether the site remains eligible for both supervision and subsidy. Given the high percentage of children walking to Sherbourne Primary and the nature of the surrounding road network, the number of vehicles using Fernside Avenue, Briar Hill, has not been sufficient to meet the warrants for supervision for over three years. Figure 1 shows the location of Sherbourne Primary School and the children’s crossing.

Ordinary Meeting of Council - 8 February 2016

Page 12

FERNSIDE AVENUE, BRIAR HILL - CHILDREN'S CROSSING SUPERVISOR cont’d

Figure 1 – Children’s crossing location on Fernside Avenue, Briar Hill

In line with the School Crossing Supervisor Policy, a report presented to Council on 21 September 2015 recommended the removal of the supervision from this crossing. At the meeting it was resolved: “That Council: 1.

Removes the supervision of the crossing at Fernside Avenue, Briar Hill, at the end of 2015.

Discusses the possible retention of the children’s crossing infrastructure on Fernside Avenue, Briar Hill, with Sherbourne Primary School without a crossing supervisor in place in line with the current School Crossing Supervisor Policy.

Notwithstanding 1 and 2 above, Council will maintain its contribution to continue funding its share if Council receives in writing confirmation from the school prior to the end of 2015 that it will continue with its contribution.

Would be prepared to advocate with the school on any suggested options to provide school funding contribution.

Informs Sherbourne Primary School of this Resolution.

Write to all state local upper and lower house representatives to ask for their support to advocate on behalf of our community to Vicroads.”

In addition, Council considered a report reviewing the operation of all supervised crossings in Banyule on 30 November 2015, and resolved in relation to the children’s crossing on Fernside Avenue, Briar Hill:

Ordinary Meeting of Council - 8 February 2016

Page 13

2.1

People – Community Strengthening and Support

2.1

People – Community Strengthening and Support

FERNSIDE AVENUE, BRIAR HILL - CHILDREN'S CROSSING SUPERVISOR cont’d “That Council:

Continue to advocate to VicRoads on behalf of the Sherbourne Primary School community to reinstate the subsidy for the supervision at the children’s crossing at Fernside Avenue, Briar Hill.”

CURRENT SITUATION Consistent with the resolution, VicRoads was requested to give special consideration to subsidising the supervision of the crossing through the application for the 2016-17 children’s crossing supervision subsidy submitted at the start of November 2015. VicRoads will provide a formal response on their decision to subsidise children’s crossings in May 2016. However, VicRoads’ Community Road Safety Advisory Unit has indicated that the children’s crossing on Fernside Avenue, Briar Hill, has been “deemed a high risk site and therefore consideration for funding for a supervisor will be considered and prioritised against other high risk sites across the State”. Attachment 1 contains a copy of the communication. Given that the likelihood of VicRoads supporting the subsidy for the employment of a supervisor for the 2016-17 financial year is high, it is considered that Council should continue to cover the costs associated with the employment of the supervisor at the children’s crossing on Fernside Avenue, Briar Hill, for the remainder of the 2016 calendar year. The annual cost associated with employing a crossing supervisor is approximately $12,000. Should VicRoads confirm its subsidy for the employment of a crossing supervisor for the children’s crossing on Fernside Avenue, Briar Hill, it is considered that Council should continue to fund the supervision of the crossing until the warrants are met. CONCLUSION Subsidy is provided to Council to employ crossing supervisors in line with warrants set by VicRoads. Given the high percentage of children walking to Sherbourne Primary School, Briar Hill, and the nature of the surrounding road network, the number of vehicles using Fernside Avenue, between Hyacinth Street and Outlook Crescent, has not being sufficient to secure a funding subsidy from VicRoads. Council considered two reports on the matter in 2015 and resolved to advocate to VicRoads for the reinstatement of the supervisor subsidy at this site. Accordingly, VicRoads was requested to give special consideration to subsidising the supervision of the crossing through the application for the 2016-17 children’s crossing supervision subsidy. VicRoads’ Community Road Safety Advisory Unit has indicated that this children’s crossing has been “deemed a high risk site and therefore consideration for funding for a supervisor will be considered and prioritised against other high risk sites across the State”. Given that the likelihood of VicRoads supporting the subsidy for the employment of a supervisor for the 2016-17 financial year is high, it is considered that Council should continue to cover the costs associated with the employment of the supervisor.

Ordinary Meeting of Council - 8 February 2016

Page 14

People – Community Strengthening and Support

2.1

FERNSIDE AVENUE, BRIAR HILL - CHILDREN'S CROSSING SUPERVISOR cont’d ATTACHMENTS No.

Title

Email from VicRoads' Community Road Safety Advisory Unit

Ordinary Meeting of Council - 8 February 2016

Page 94

Page 15

4.1

RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA

Author:

Nicola Rooks - Project Support Officer, City Development

Ward:

Grimshaw

File:

F2015/1895

Previous Items Council on 16 February 2015 (Item 8.3 - Alternative Names for the Mental Health Reserve in Bundoora) EXECUTIVE SUMMARY This report is presented in response to a previous Council resolution to investigate a potential name change for Mental Health Reserve in Greenwood Drive, Bundoora. As part of the investigation, officers have undertaken a comprehensive consultation process to determine a proposed new name for the reserve. This report provides an overview of the consultation undertaken and proposes the adoption of the name most supported by the community, Greenwood Reserve, for submission to the Office of Geographic Names for consideration and formal endorsement. RECOMMENDATION That Council: 1.

Lodge to the Office of Geographic Names (OGN) a formal submission to rename Mental Health Reserve in Bundoora to Greenwood Reserve.

Notify all submitters involved in the community consultation of the OGN’s decision.

Advise all relevant authorities of the renaming.

Consider allocating funds in the 2016/17 budget for the preparation and installation of interpretive signs detailing the history of the area.

Ordinary Meeting of Council - 8 February 2016

Page 17

4.1

Place – Sustainable Amenity and Built Environment

4.1

Place – Sustainable Amenity and Built Environment

RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA cont’d BACKGROUND In response to a notice of motion on 16 February 2015, Council resolved (CO2015/36): “That: 1.

Council investigate potential name changes to the Mental Health Reserve located on Greenwood Drive in Bundoora and report back to Council on the findings and potential next steps.

In undertaking the investigation Council officers work with the Ward Councillor to develop and distribute a survey to local residents that seeks their feedback on potential alternative names that have been raised by the community.”

Mental Health Reserve is located in Greenwood Drive, Bundoora, as indicated in Figure 1. The reserve is adjacent to Gresswell Nature Conservation Reserve which is managed by Parks Victoria. Locality Plan

Figure 1: Mental Health Reserve

The reserve’s current name stems from the mental health facilities which were once nearby, but are now long closed. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities.

Ordinary Meeting of Council - 8 February 2016

Page 18

Place – Sustainable Amenity and Built Environment

4.1

RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA cont’d It is considered that the subject matter does not raise any human rights issues. TECHNICAL CONSIDERATION The land known as Mental Health Reserve is temporarily reserved under the Crown Land (Reserves) Act as a public park of which Council has Committee of Management responsibility. As the Committee of Management, Council has sought and has successfully received consent in writing from the Department of Environment, Land, Water and Planning, as land owner, to progress with the naming proposal. Consistent with the Guidelines for Geographic Names 2010, Council is a naming authority responsible for the development of proposals to name or rename any feature, road or locality within Council’s jurisdiction. The Registrar of the Office of Geographic Names (OGN) has the authority to approve, defer or reject naming proposals for entry in VICNAMES, the online register of Geographic Names. In this particular instance, the OGN has provided in principle support for Council adopting a new name for the reserve. CONSULTATION To secure community and stakeholder feedback on the renaming proposal, the following consultation has been undertaken: 

Letters were issued to Parks Victoria and the Minister for Environment, Climate Change and Water to advise of the proposal to rename the reserve and seek approval to commence consultation.



A DL sized flyer was produced and sent to 452 residents/property owners in the surrounding streets inviting them to nominate their preferred option or suggest their own naming recommendation.



Letters were sent to Friends of the Wildlife Reserves and the Rotary Club of Bundoora seeking their input.



A ‘Name Your Park’ web page and an online survey was posted on Council’s website.



A public notice advertisement was placed in the Diamond Valley Leader on 30 September 2015 inviting community feedback.



A drop in session was held on Saturday, 10 October 2015 between 12 noon and 2pm at the barbecue shelter situated within the reserve.

The formal consultation exercise concluded on 30 October 2015.

Ordinary Meeting of Council - 8 February 2016

Page 19

4.1

Place – Sustainable Amenity and Built Environment

RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA cont’d DISCUSSION Council received a total of 75 responses via the consultation cards, online survey, letters and emails. The majority supported the name Greenwood Reserve followed by Greenwood Community Reserve. Four respondents indicated a preference to retain the name ‘Mental Health Reserve’. A further 16 respondents suggested alternative names. A Summary of responses is provided in the table below. Table 1: Summary of responses Naming Option

TOTAL

Greenwood Reserve Greenwood Community Reserve Retain - Mental Health Reserve Other suggestions included: Gresswell Reserve Greenwood Drive Reserve Greenwood Wildlife Reserve Greenwood Eastern Reserve Gresswell Forest's Gateway Reserve Gresswell Forest Community Reserve Redgum Reserve Possum Reserve Kangaroo Valley Greenwood Park Reserve Greenwood Drive Park Reserve Jenny Mulholland Park

40 15 4

Total responses received

3 2 2 1 1 1 1 1 1 1 1 1

Whilst the number of responses to retain the name Mental Health Reserve was small (4), they were put forward strongly. The submissions argued that the name should be retained for continuity and to maintain links to the history of the area – in particular the former Mont Park Hospital. In order to pay tribute to the history of the area, interpretative signage could be arranged to acknowledge the original name of the reserve and the historical significance of mental health facilities to the area. The preparation, fabrication and installation of interpretative signs are expected to cost between of $5k to $7k, depending on the complexity and size of the sign.

Ordinary Meeting of Council - 8 February 2016

Page 20

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

4.1

RENAMING OF MENTAL HEALTH RESERVE, BUNDOORA contâ&#x20AC;&#x2122;d Next Steps Once Council has formally resolved to rename the reserve, it can arrange to lodge a renaming submission to the OGN for consideration. Council will then be in a positon to notify all persons and community groups involved in the consultation of the outcome. Furthermore, Council will then be able to notify all relevant authorities of the change. CONCLUSION Based on comprehensive consultation, it is clear the preferred new name is Greenwood Reserve. On this basis, Council should support the application to the Office of Geographic Names to rename the reserve, Greenwood Reserve. Council should also give consideration to allocating funds in the 2016/17 budget for the purposes of installing interpretive signage that focuses on the history of the area and the name Mental Health Reserve. ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 21

4.2

TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA

Author:

Ana Caicedo - Traffic & Transport Team Leader, City Development

Ward:

Grimshaw

File:

F2015/57

4.2

Place – Sustainable Amenity and Built Environment

Previous Items Council on 23 March 2015 (Item 4.2 - Review of Traffic around Loyola College, Watsonia) Council on 21 July 2014 (Item 4.1 - Bungay Street, Watsonia - Traffic Investigation) Council on 17 March 2014 (Item 8.4 - Investigation - Traffic Challenges Bungay Street, Watsonia) EXECUTIVE SUMMARY Following investigations to improve the flow of traffic around Loyola College, Council resolved to install parking restrictions in the area, and to consult with residents in regards to the restriction of traffic access into the area. The results of the consultation process indicate that the support for any modification to the operation of traffic in the area is low. RECOMMENDATION That Council: 1.

At this time, does not install parking restrictions on Loyola Court or Regis Court, Watsonia.

At this time, does not modify the access arrangements from Watsonia Road into Bungay Street, or from Princes Street into High Street, Watsonia.

Notifies Loyola College and residents around Loyola College of this Resolution.

Ordinary Meeting of Council - 8 February 2016

Page 22

Place – Sustainable Amenity and Built Environment

4.2

TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA cont’d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. BACKGROUND At its meeting on 23 March 2015, Council considered a report reviewing the operation of traffic around Loyola College, Watsonia, and resolved: “That Council: 1.

5. 6.

Notes that the trial of the following parking restrictions has been completed and that they will remain in place: a. No Stopping restrictions (8.00 – 9.00am and 2.30 – 4.00pm School Days) on the south side of Bungay Street and the east side of Kenmare Street (between Bungay Street and Princes Street); b. Two minute parking (8.00 – 9.00am and 2.30 – 4.00pm School Days) on the north side of Bungay Street along the Loyola College frontage; Notify residents and install No Stopping restrictions (8.00 – 9.00am and 2.30 – 4.00pm School Days) on the west side of High Street, between Bungay Street and Princess Street; Investigate parking occupancy levels and consult with residents in Loyola Court and Regis Court Watsonia on the possible installation of time parking restrictions; Consult with Loyola College, local residents, and the Victoria Police about a proposed trial to: a. Restrict traffic access from Watsonia Road into Bungay Street (8.00 – 9.00am and 2.30 – 4.00pm School Days). b. Prohibit access from Princes Street into High Street. Notes that Municipal Laws Officers regularly enforce the road rules around Loyola College. Receive a further report on the traffic operations of streets surrounding Loyola College six months after the operation of the package of traffic management interventions outlined in resolutions 1 to 5.”

As per the Resolution above:    

Additional ‘No Stopping’ restrictions were installed on High Street, between Bungay Street and Princes Street, following notification to residents; Parking occupancy levels were investigated on Loyola Court and Regis Court; Residents of Loyola Court and Regis Court were consulted on the possible installation of timed parking restrictions; The proposals to restrict access from Watsonia Road into Bungay Street, and to prohibit access from Princess Street into High Street were referred to Loyola College, local residents and the Victoria Police.

Ordinary Meeting of Council - 8 February 2016

Page 23

4.2

Place – Sustainable Amenity and Built Environment

TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA cont’d This report summarises the results of the consultation processes in relation to the proposed alterations to parking restrictions and traffic management in the area. Figure 1 shows the area around the Loyola College and the existing school day parking restrictions.

Figure 1. Existing Parking Restrictions for School Days around Loyola College, Watsonia.

CONSULTATION Parking Restrictions for Loyola Court and Regis Court, Watsonia The parking occupancy levels for Loyola Court and Regis Court were assessed in May 2015. It was observed that the average rate of occupancy was 15% on both streets. In line with the occupancy rate and Council’s resolution from 23 March 2015, residents were consulted in regard to the installation of four hour parking restrictions on one side of the street. Attachment 1 and 2 contain the letters, surveys, and plans sent to the residents. Table 1 summarises the results of the consultation in relation to the parking restriction proposals for Loyola Court and Regis Court. Table 1. Results of consultation on proposals to install timed parking restrictions on Loyola Court and Regis Court, Watsonia Installation of 4P restrictions Installation of 4P restrictions Proposal on Loyola Court, Watsonia on Regis Court, Watsonia Response Rate 75% 31% Number of Percentage of Number of Percentage of respondents respondents respondents respondents Support 6 50% 3 60% Don't Support 4 33% 2 40% Other/Unsure 2 17% 0 0% TOTAL 12 100% 5 100%

Ordinary Meeting of Council - 8 February 2016

Page 24

TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA cont’d Letters were sent to all 16 properties in Loyola Court, Watsonia, and 12 responses were received. Half of the respondents supported the installation of 4-hour parking restrictions in the court. Nonetheless, some residents’ comments indicated that they would prefer:   

the modification of the proposal in terms of the duration of the parking restrictions (1-hour or 2-hour restrictions instead of 4-hour restrictions); the installation of restrictions to operate on both sides of the road; and to be exempted from paying for parking permits.

Letters were sent to all 16 properties on Regis Court, Watsonia, and five responses were received. While the majority of respondents supported the installation of restrictions in the street, the response rate is low indicating that most of the residents on the court do not consider that parking issues are of sufficient concern to warrant responding to the survey. In addition, three respondents raised concerns in relation to the cost of parking permits. Given the low parking occupancy rate on the roads and the varied views on the proposal, it is considered that at this time, no parking restrictions should be installed at Loyola Court and Regis Court, Watsonia. Should the situation change over time, an assessment of the need for restrictions can be considered through the normal process. Access modifications into Bungay Street and High Street, Watsonia Consistent with Item 4 of the Council Resolution, letters were sent to 273 properties around Loyola College in April 2015 to determine the level of support from residents for restricted access from Watsonia Road into Bungay Street (8am to 9am, and 2:30pm to 4pm, on School Days) and permanent prohibited access from Princes Street into High Street. A copy of the letter is provided in Attachment 3. A total of 79 responses were received. Table 2 summarises the results of the consultation in relation to access into Bungay Street at Watsonia Road, and into High Street from Princes Street. Table 2. Results of consultation on proposals to modify access into Bungay Street and High Street, Watsonia Restrict access from Watsonia Prohibit access into High Proposal Rd into Bungay Street Street Response Rate 29% 29% Number of Percentage of Number of Percentage of respondents respondents respondents respondents Support 38 48% 27 35% Don't Support 29 37% 31 40% Other/Unsure 12 15% 20 26% TOTAL 79 100% 78 100%

Ordinary Meeting of Council - 8 February 2016

Page 25

4.2

Place – Sustainable Amenity and Built Environment

4.2

Place – Sustainable Amenity and Built Environment

TRAFFIC AROUND LOYOLA COLLEGE, WATSONIA cont’d None of the proposals received support from a majority of respondents to the survey. Residents raised concerns in relation to the proposals and some suggested that:   

traffic issues will be moved into other streets and intersections (Princes Street, Nell Street); Loyola College should build a drop off area inside their grounds; and a roundabout should be constructed at Bungay Street and Watsonia Road to ease the flow of traffic out of Bungay Street at peak times.

It is concsidered that at this time, the access arrangements from Watsonia Road into Bungay Street, and from Princes Street into High Street, should not be modified. CONCLUSION Following Council’s Resolution from 23 March 2015 in relation to the operation of traffic around Loyola College, Watsonia, additional ‘No Stopping’ restrictions were installed on High Street and residents in the area were consulted in regards to proposals to:    

Install parking restrictions on Loyola Court, Watsonia; Install parking restrictions on Regis Court, Watsonia; Restrict access into Bungay Street from Watsonia Road at school drop-off and pick-up times; and Prohibit access into High Street from Princes Street at all times.

The results of the consultation process indicate that support for any modifications to the operation of traffic in the area is low. Therefore it is considered that at this time, further parking restrictions or alterations to the access into the area should not be pursued. ATTACHMENTS No.

Title

Consultation letter for parking restrictions on Loyola Court, Watsonia

Consultation letter for parking restrictions on Regis Court, Watsonia

Consultation letter for access modifications into Bungay Street and High Street, Watsonia

Ordinary Meeting of Council - 8 February 2016

Page

Page 26

101

4.3

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY

Author:

Elissa Blake - Team Leader Developments & Drainage, City Development

File:

D15/199974

EXECUTIVE SUMMARY Council recently received correspondence from Melbourne Water seeking endorsement of the Flood Management Strategy for Port Phillip and Westernport (FMS). The main objective of the FMS is to improve flood management within the region by focusing on the collaboration of flood management organisations. To achieve the objectives, the strategy identifies and assigns a series of activities and responsibilities, some of which have been assigned to councils for delivery. This strategy is in line with the Victorian Floodplain Management Strategy at the state level and the Banyule area Flood Management Plan at the local level. To date Council has made substantial progress on actions and responsibilities identified in Council’s Flood Management Plan 2012. Council has completed a Stormwater Capacity Analysis identifying areas of overland flow and ponding during severe weather events across the municipality. This has informed Council’s Stormwater Capital Works Program and has enabled the preparation of a special building overlay schedule (SBO2) to be introduced into the Banyule Planning Scheme. The overlay is currently awaiting the Planning Minister’s approval. Within the activities and responsibilities assigned to councils and to Melbourne Water with the FMS, clarification needs to be sought on the roles and responsibilities of councils as the local drainage authorities and Melbourne Water as the flood plain management authority. In particular clarification around the legal status of the 60 hectare catchment limit. It is therefore considered that Council should endorse the FMS and also to seek clarification from Melbourne Water with the support of the Municipal Association of Victoria (MAV) on the appropriate responsibilities of drainage authorities and floodplain management authorities.

Ordinary Meeting of Council - 8 February 2016

Page 27

4.3

Place – Sustainable Amenity and Built Environment

4.3

Place – Sustainable Amenity and Built Environment

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY cont’d RECOMMENDATION That Council: 

Writes to Melbourne Water endorsing the Port Phillip and Westernport Flood Management Strategy and seeking clarification on the roles and responsibilities of drainage authorities and the floodplain management authority, particularly in catchment sizes of less than 60 hectares.



Writes to the Municipal Association of Victoria (MAV) to advocate for greater understanding and representation for councils as drainage authorities as opposed to floodplain management authorities, particularly in catchment sizes of less than 60 hectares.+

Ordinary Meeting of Council - 8 February 2016

Page 28

Place – Sustainable Amenity and Built Environment

4.3

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY cont’d OBJECTIVES The objectives of the Flood Management Strategy are to ensure:   

The right information is available at the right time to people who need it. Flood risks are addressed to reduce impact and get the best social, economic and environmental outcomes. Land, water and emergency agencies work together to manage flooding effectively.

ACTIONS Delivery of these objectives will be achieved through a series of actions:        

Developing a better understanding of flood risks by updating our flood mapping and risk assessment approaches, and improving opportunities for the community to help set flood management priorities. Sharing information and skills to better enable all flood managers to be as effective as possible. Engaging communities and building their awareness to support resilience and preparedness, and reduce the consequences of floods. Managing existing flood risks using a wide range of management approaches to address the issues of most concern to communities, and to reduce the consequences when a flood does occur. Managing urban development and growth to avoid new risks in known floodplains, and manage new urban stormwater runoff. Building our understanding of how climate change will affect flooding, and ensuring the best-available information is used to support good decisions and adaptation planning. Clarifying roles, responsibilities and accountabilities within the Port Phillip and Westernport region to support effective service delivery in the region. Coordinating activity and management approaches across waterways, water supply systems and catchments.

Activities and responsibilities for councils in the region have been identified in the FMS and are summarised below:      

Manage local municipal planning schemes and policies. Manage local drainage systems. Support local flood planning and coordinate local emergency planning. Support development of local community resilience. Support implementation of state policies and regional strategies through local flood management activities. Can develop local water management strategies and plans.

Actions contained within the FMS where Council is identified as taking the lead role are shown in Table 1. Council has also been nominated in the FMS to ‘take a shared lead role’ and ‘be a key participant’ in other actions which can be found in the FMS, refer to Attachment 1.

Ordinary Meeting of Council - 8 February 2016

Page 29

4.3

Place – Sustainable Amenity and Built Environment

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY cont’d Table 1. – Actions from the FMS where Council is the Lead

RELEVANT STRATEGIES This strategy is in line with the Victorian Floodplain Management Strategy at the state level and the Banyule area Flood Management Plan at the local level. To date Council has made substantial progress on actions and responsibilities identified in the local level Flood Management Plan 2012. PROGRESS SO FAR In 2013-14 Council engaged a specialist engineering consultancy to undertake a Stormwater Capacity Analysis and Municipal Wide Flood Mitigation Study. This study was undertaken to inform and help develop a long term strategic catchment management strategy. The study included overland flow mapping the entire municipality for minor rainfall events (5 year Average Recurrence Interval (ARI)) and major rainfall events (100 year ARI storm events). Outcomes from the overland flow modelling of inundation associated with minor rainfall events has been used to inform Council’s Stormwater Capital Works Program. A total of 60 flooding hot spot areas spread across twelve catchments were ranked and prioritised to develop Council’s five year stormwater capital works program. Overland flow maps and information generated from the modelling of major storm events was also used to develop and implement a Special Building Overlay.

Ordinary Meeting of Council - 8 February 2016

Page 30

Place – Sustainable Amenity and Built Environment

4.3

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY cont’d CURRENT SITUATION In November 2015, Council adopted C101 Schedule 2 to the Special Building Overlay (SBO2) and requested approval from the Minister for inclusion into the Banyule Planning Scheme. This will allow Council to identify areas that are subject to overland flows and ponding during severe weather events and make appropriate planning decisions for proposed developments. The local drainage network is generally designed to capture and contain nuisance storm events in an underground system up to the 5 year ARI storm classification. The overland flow mapping has identified areas where Council’s drainage system requires improvement works. Council is currently undertaking catchment analysis, design and construction in these prioritised locations. IMPLICATIONS FOR COUNCIL Councils are required to take the sole lead role on seven of the 67 actions listed within the FMS as identified in Table 1. In particular, Action 11.2 states that councils are responsible for ‘managing and planning ahead for existing local flood and drainage assets (generally those serving catchments smaller than 60ha)’. Clarity needs to be sought on the roles and responsibilities of councils in relation to catchments up to 60 hectare. Each council, in conjunction with Melbourne Water is required to identify and delineate catchments within the municipality, separating catchments greater than 60 hectares and assigning responsibility for these catchments to Melbourne Water and similarly with catchments less than 60 hectares assign responsibility to Council. Further information is contained on page 42 of the FMS (Attachment 1) where Melbourne Water has acknowledged ‘that not all stakeholders are comfortable with this approach to defining flood infrastructure and risk management accountabilities’. Contained in the glossary of terms is the definition of local catchment which states ‘generally a small catchment, where local drainage services are provided and managed by councils. Generally includes catchments smaller than 60ha, though in some rural areas, due to historical arrangements, councils manage flood and drainage infrastructure for catchment of up to 200 hectares in size. Floodwaters and stormwater from local catchments discharge into pipes, channels, waterways and flood management infrastructure managed by Melbourne Water.’ Again this definition raises issues and concerns for Council around the ambiguities surrounding roles and responsibilities. A subsequent action, Action 18.5 has been identified in the FMS to ‘enhance transparency on how the 60ha threshold is currently applied through Melbourne Water’s planning and decision making.’ However councils have not been identified as key participants in this action. It is in Council’s interest to have the opportunity to provide input.

Ordinary Meeting of Council - 8 February 2016

Page 31

4.3

Place – Sustainable Amenity and Built Environment

PORT PHILLIP AND WESTERNPORT REGIONAL FLOOD MANAGEMENT STRATEGY cont’d Council recently wrote to Melbourne Water to seek clarification on a number of matters including the amendment C101 for Special Building Overlay Schedule 2; Creating a Memorandum of Understanding; between Council and Melbourne Water. Using guidelines for development in flood-prone areas; Seeking feedback for Melbourne Water’s Salt Creek 100 year mapping; and Information about Works, Services and Grant Opportunities. Council is currently awaiting Melbourne Water’s response. CONCLUSION The Flood Management Strategy for Port Phillip and Westernport region has appropriate objectives and generally reasonable actions. It is therefore appropriate for Council to endorse it. There are some areas however that require clarification from Melbourne Water:      

The role of the Floodplain Management Authority (FMA) across small and large catchments in metropolitan Melbourne. The FMA’s resources, tools and options to support the role of local drainage authority. The legal status of the catchment limit for 60 hectares. The regional drainage authority’s current and future budget priorities for drainage work in Banyule. The FMA’s agreement to work with councils for future FMA policies, strategies and plans that may have a bearing on development in Banyule. The FMA’s approach to future review of maintenance and flood mapping and planning referrals for FMA provisions.

As these queries relate to the local government sector in general it is appropriate that the Municipal Association of Victoria lead on behalf of the sector the clarification of the FMA’s role across metropolitan Melbourne. This clarification is sought as it is considered that the FMA is actively responsible for all catchments in its areas of responsibility. It is considered that Council should write to the MAV seeking a coordinated approach.

ATTACHMENTS No.

Title

Flood Management Strategy - Port Phillip and Western Port

Ordinary Meeting of Council - 8 February 2016

Page 104

Page 32

4.4

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK

Author:

David Moon - Development Planner, City Development

Ward:

Hawdon

File:

P2/2016

4.4

Place – Sustainable Amenity and Built Environment

EXECUTIVE SUMMARY The applicant has lodged an application for consent under the Section 173 Agreement (AG961121C) affecting Nos. 1 to 6 Radio Drive for the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of 4 Radio Drive, Viewbank, in order to increase the security of the subject site. The construction of the boundary fence is not considered to be appropriate for the following reasons:    

The boundary fence is contrary to the open and rural landscape character of the Rural Conservation Zone and Bush Woodland Precinct; The fence has the potential to detrimentally impact on habitat corridors and the movement of native wildlife contrary to the objectives of the Environmental Significance Overlay – Schedule 1; The fence is inconsistent with endorsed documents under the permitted subdivision permit that relate to the subject property; and The fence is at odds with a Tribunal determination which reviewed Council’s decision to issue a refusal for a solid 1.8 metre boundary fence at 1 Radio Drive.

RECOMMENDATION That Council refuse to give consent to the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of 4 Radio Drive pursuant to Clause 3.2 (c) of the Section 173 Agreement registered on Title on the following grounds: 1.

The design and siting of the fence is likely to create an adverse visual impact on the rural character of the area, and adversely impact upon the existing and preferred character of the neighbourhood contrary to the objectives of the Rural Conservation Zone and Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy of the Banyule Planning Scheme.

The fence would not conserve and enhance the natural environment character and landscape qualities of the Plenty River Watercourse and its surrounds contrary to 42.01 Environmental Significance Overlay – Schedule 1 of the Banyule Planning Scheme.

The location and design of the fence is likely to impact on the movement of native wildlife within the area, and erode the values of the rural conservation area contrary to the objectives of the Rural Conservation Zone and Environmental Significance Overlay Schedule 1 of the Banyule Planning Scheme.

Ordinary Meeting of Council - 8 February 2016

Page 33

4.4

Place – Sustainable Amenity and Built Environment

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d 4.

The proposed fence is contrary to the spirit and intent of the Section 173 registered on title and is inconsistent with approved outcomes on other sites within the Radio Drive subdivision.

Planning Permit Application:

P2/2016

Development Planner:

David Moon

Address:

4 Radio Drive VIEWBANK

Proposal:

Consent under Section 173 Agreement AG961121C to amend the Environmental Management Plan to allow for the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries.

Existing Use/Development:

Residential

Applicant:

Robert Pegoraro

Zoning:

Rural Conservation Zone

Overlays:

Environmental Significance Overlay – Schedule 1

Notification (Advertising):

There is no provision for public notification pursuant to the Section 173 Agreement for which consent is sought under.

Ward:

Hawdon

The application is seeking consent for the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of 4 Radio Drive, Viewbank to increase security to the subject site. The submitted plans show the approved 1.2 metre high post and wire fence to the side and rear boundaries replaced with a 1.8 metre high black wire mesh fence. There is a Section 173 Agreement (AG961121C) registered on title. Particular points of relevance with the proposal and the Section 173 Agreement are extracted verbatim below: Item 3 of the agreement lists owners obligations. The owner covenants and agrees that: Condition 5 of the Permit 3.1

Unless otherwise agreed in writing by the Council remnant vegetation in an Offset Area must be implemented, managed and protected by the Owner to the satisfaction of Council.

Condition 9 of the Permit 3.2

Unless otherwise agreed in writing by the Council the Owner must to the satisfaction of Council: (c) Prepare and submit and comply with the Environmental Management Plan

Ordinary Meeting of Council - 8 February 2016

Page 34

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d A 1.2 metre high post and wire fence has been shown on the Environmental Management Plan endorsed under Condition 3 of P318/2006. Item 3.2 of the Section 173 Agreement gives Council discretion to consider the permissions sought by the applicant by amending the endorsed Environmental Management Plan. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY 

Planning Permit P318/2006 was issued under delegation on 1 November 2006 and corrected on 16 April 2007 and 24 May 2007. The permit allows for the boundary re-alignment subdivision (creation of new lots) on land at 30 Seymour Road, Viewbank.



Planning Permit P424/2014 was issued on 24 February 2015 for the Use and development of a single dwelling within the Rural Conservation Zone, and a wall height greater than 4.5 metres above natural ground level and building height greater than 6 metres above natural ground level, and the construction of fences, within the Environmental Significance Overlay.

Planning Permit P424/2014 included the construction of a 1.8 metre high black chain wire mesh fence to the side and rear boundaries of the site. The proposed fencing was not considered appropriate and resulted in the following condition being included on the permit. Condition 1 (c) of permit P424/2014 required: The boundary fencing, apart from the section of front fence that consists of face brickwork piers with wrought iron in-fill, to consist of 1.2 metre high post and wire fencing. The wire fencing must be designed to be rabbit proof. It is recognised that the amending of this permit condition does not form part of this consideration and shall be pursued under Section 72 of the Act. The Section 72 Amendment will be determined under a separate consideration depending on the outcome of this current request. It is noted that Lot 1 of the same subdivision has also pursued the permission of the construction of a side boundary fence that (albeit being solid timber palings) was proposed to be constructed to a height of 1.8m. This application was refused on 15 September 2014 and was also upheld by VCAT. The permit application was refused on grounds that are generally consistent with the reasons outlined in this recommendation. Specifically, the Tribunal in its order makes the following comments (paragraphs 21 to 26 of the order) :

Ordinary Meeting of Council - 8 February 2016

Page 35

4.4

Place – Sustainable Amenity and Built Environment

4.4

Place – Sustainable Amenity and Built Environment

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d Although there is no requirement for a permit for a fence under the zone provisions the section 173 agreement that attaches to the land clearly provides for a specific type of fence to be constructed. This is evidenced within the Environmental Management Plan referenced within the agreement, as well as the agreement itself, which specifies lots ‘do not incorporate any paling or closed iron fences, in order to maintain the rural ambience of the area’. The granting of a permit for the construction of a timber paling side boundary fence would be inconsistent with the section 173 agreement. The provisions of the agreement are intended to achieve the planning outcome identified within the zone provisions. Is the construction of a timber paling fence on the side boundary consistent with the provisions of the Environmental Significance Overlay? The land is also subject to an Environmental Significance Overlay – Schedule 1 – Yarra River, Plenty River and Darebin Creek (ESO1). A permit is required for the construction of a fence under the overlay. If upon consideration of the provisions of the overlay it was concluded that a timber paling side boundary fence was appropriate on the subject land, it may be that this would be sufficient to allow the granting of a permit that was inconsistent with the section 173 agreement attaching to the land. The Council’s Environmental Sustainability Officer on review of the application stated: The solid fencing (Fig 1 and 2) impacts on ESO1 provisions, most notably in the areas of negative visual impact, habitat loss/fragmentation, negative impacts on wildlife corridor values for terrestrial fauna and the lack of appropriate development response. Consequently I recommend refusal. Under clause 1 of ESO1 the environmental significance of the area is highlighted. Of vital importance is ‘the protection of the native vegetation and wetlands and the maintenance and enhancement of these habitats for indigenous fauna’. One of the environmental objectives to be achieved is ‘to encourage development consistent with any approved concept plan for the area’. The section 173 agreement refers to and incorporates the Environmental Management Concept Plan prepared for and endorsed under the subdivision.

Ordinary Meeting of Council - 8 February 2016

Page 36

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d

N Figure 1. - Locality Plan

SUBJECT SITE AND SURROUNDING AREA The subject site currently contains a dwelling under construction with some significant native trees within the western portion of the site. The site slopes down by approximately 12 metres from the entrance to the property to the southern corner of the site. The site is irregular in shape, and has an area of 10.012ha. The surrounding area is characterised by rural properties, parkland and a golf course. The area consists of scattered native/indigenous vegetation on a sloping topography. Fencing to properties in the immediate area is generally low post and wire consistent with the rural character of the area. PUBLIC NOTIFICATION There is no provision for public notification pursuant to the Section 173 Agreement under where which consent is sought under. The proposal for a 1.8 metre high fence has however previously been placed on public notice combined with the dwelling development permit in 2014 under planning permit P424/2014. REFERRALS Comments obtained for the proposed boundary fencing at 1 Radio Drive can be broadly applied to all lots within this subdivision. Council’s Environmental Sustainability Coordinator has identified that a lack of appropriate development response will have a negative impact on wildlife corridor values for terrestrial fauna, thereby undermining both the intent of the endorsed Environmental Management Plan and more broadly the overarching objectives of the Environmental Significant Overlay (Schedule 1).

Ordinary Meeting of Council - 8 February 2016

Page 37

4.4

Place – Sustainable Amenity and Built Environment

4.4

Place – Sustainable Amenity and Built Environment

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d TECHNICAL CONSIDERATION The subject site is located within the Bush Woodland Precinct 1. The Bush Woodland character type retains much of its rural, undeveloped character with significant indigenous vegetation, a farmland landscape character; meandering or straight country roads without made kerbs, and various dwelling types. The most important characteristics of the area type are the dominant landscape setting of rolling hills and the Yarra River flood plain, together with remnant indigenous vegetation. Residential development in these areas should be set within this landscape, with indigenous vegetation retained and replanted, and defined special characteristics of particular precincts should be protected and enhanced. As part of the Subdivision Permit Application, supporting documentation was submitted to Council which included a Flora and Fauna Assessment prepared by ERM (August 2005). This amongst other things, identified that: ‘The study site acts as a ‘stepping stone’ for mobile species travelling between larger, more intact areas of habitat such as the vegetation associated with the Plenty River to the immediate east.’ (pg. 19) The intent of the Section 173 Agreement registered on title is to ensure that any future development of the lots conserves and enhances the cultural significance and character of the open rural landscape and protects and enhances the environmental significance of the site. The proposed construction of a 1.8 metre high black chain wire mesh fence is considered to be contrary to Council’s preferred future neighbourhood character for the Bush Woodland Precinct 1. Council’s Residential Neighbourhood Character policy states that the character of the precinct is to be retained and enhanced by constructing post and rail or wire fencing coupled with well vegetated front gardens. In the broader area this type of fencing is typically 1.2 metres in height which commonly facilitates the mobility of wildlife. The proposed fencing is not considered to be sympathetic to open and rural landscape setting aimed to be achieved for the precinct. All other developments approved within the subdivision at Radio Drive are required to continue to comply with the 1.2 metre post and wire fence requirement of the Section 173 Agreement thereby finding this application to be at odds with the immediate and broader character of the area and also the recent findings of the Tribunal in relation to 1 Radio Drive where states (paragraphs 28 and 29): The policy under clause 22.02-7 Bush Woodland Areas of the Banyule Planning Scheme is of relevance as the subject land falls within Bush Woodland Precinct 1. Included within the statement of preferred future neighbourhood character for the area is that ‘the construction of only post and rail wire fencing coupled with well vegetated gardens’. Although front fences are referred to specifically, the general statement of preferred future character is of relevance.

Ordinary Meeting of Council - 8 February 2016

Page 38

Place – Sustainable Amenity and Built Environment

4.4

ERECTION OF BOUNDARY FENCING AT 4 RADIO DRIVE, VIEWBANK cont’d Taking into account the decision guidelines under clause 4.1 of ESO1, I was assisted by being able to view the actual fence, which has been constructed, and as a result, I have concluded that the location, bulk and appearance of the timber paling fence is not in keeping with, nor will it enhance the visual amenity derived from the natural and landscaped character of the area. Within this location there is a ‘need to maintain the natural environment as the dominant visual element of the area’ and this is not achieved by the presence of the solid fence. Given the applicants concerns around security and the ability for existing vegetation to screen parts of the eastern boundary along Seymour Road, the concept of a higher fence along this boundary only as an alternative option was discussed with the applicant. The applicant indicated that this would not adequately address their security concerns. A black see through chain mesh fence is a much better outcome aesthetically in the landscape setting, however, is not consistent with the Environmental Management Plan for the site, is not genuinely “rural” in character and does not facilitate movement of wildlife. For these reasons the request for consent to construct a 1.8 metre high black chain wire mesh fence should not be supported. CONCLUSION The proposed 1.8 metre high black chain wire mesh fence is considered contrary to the preferred neighbourhood character, the requirements of the approved subdivision, the objectives of the Environmental Significance Overlay and the spirit and intent of the Section 173 Agreement.

ATTACHMENTS No.

Title

Section 173 Agreement

163

2 3

Application Supporting Documents Plan

174 177

Ordinary Meeting of Council - 8 February 2016

Page

Page 39

4.5

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT

Author:

Joshua Devitt - Development Planner, City Development

Ward:

Griffin

File:

P589/2005

EXECUTIVE SUMMARY The applicant has lodged an application for a Section 72 Amendment, to amend Planning Permit P589/2005 to enable the sale of packaged liquor at the existing IGA supermarket located at 85-87 Silverdale Road, Eaglemont. This planning permission is necessary before the applicant can seek approval for a liquor licence from the Victorian Commission for Gambling and Liquor Regulations. It is proposed that liquor would be sold within the existing store trading hours. Monday-Saturday Sunday

9am-9pm 10am-2pm

Except Good Friday, Anzac Day and Christmas day Public notification of the proposal was carried out, with seven (7) objections being received. The application has received considerable public attention, with a petition being considered by Council at the meeting of the 9 November 2015. It is considered that the proposal incorporates an appropriate level of compliance with State and Local planning policies and the decision guidelines and that the application should be supported. RECOMMENDATION That Council having complied with Section 50 to 62 and 72 to 76 of the Planning and Environment Act 1987, issue a Notice of Decision to amend Planning Permit P589/2005 including the following changes: Amendments to the plans 

Inclusion of a ground floor plan for the supermarket including a red line area;



Alteration to existing signage to have the words ‘plus Liquor’ added without increasing the size of the signs;

Amendment to the permit 

Amend permit preamble to read ‘For buildings and works to extend shop premises, including concertina security screen shutters together with two upper level dwellings, car parking and car parking dispensation, and signage on the front parapet and the side wall and the inclusion of a Packaged Liquor Licence’;



Include condition 13 to read:

Ordinary Meeting of Council - 8 February 2016

Page 40

4.5

Place – Sustainable Amenity and Built Environment

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT cont’d 



Except with the prior written consent of the Responsible Authority, the use of packaged liquor licence, permitted by this permit may only operate between the following times: o

Monday-Saturday

9am-9pm

Sunday

10am-2pm

Except Good Friday, Anzac Day and Christmas Day

Amend Condition 10 to read ‘In accordance with Section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a)

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

(b)

The development is not completed within four years of the amended date of this permit.

(c)

The sale of packaged liquor is not commenced within four years of the amended date of this permit; or

(d)

The sale of packaged liquor is discontinued for a period of two years.

In accordance with Section 68 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to times if a request is made in writing before the permit expires, or within three months afterwards.

Planning Permit Application:

P589/2005

Development Planner:

Joshua Devitt

Address:

85-87 Silverdale Road, EAGLEMONT

Proposal:

Amendment including the use of a ‘Packaged Liquor Licence and advertising’ at the land 85-87 Silverdale Road, EAGLEMONT

Existing Use/Development:

Supermarket/Residential accommodation

Applicant:

Yunchun Pty Ltd

Zoning:

Commercial 1 Zone

Overlays:

Vegetation Protection Overlay – Schedule 3, Heritage Overlay (H03)

Notification (Advertising):

The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 by way of distribution of letters to adjoining and nearby land owners and occupiers.

Objections Received:

Seven (7)

Ward:

Griffin

Ordinary Meeting of Council - 8 February 2016

Page 41

4.5

Place – Sustainable Amenity and Built Environment

4.5

Place – Sustainable Amenity and Built Environment

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT cont’d It is proposed to amend Planning Permit P589/2005 to enable the sale of packaged liquor at the existing IGA supermarket located 85-87 Silverdale Road, Eaglemont. The applicant has applied to undertake the following changes to the planning permit and endorsed plans received by Council on 24 April 2015: Amendments to the plans to show an amended red line area, and alterations of approved/existing signage to have the words ‘plus liquor’ added without increasing the size of the signs. The permit preamble will be amended to read ‘For buildings and works to extend shop premises, including concertina security screen shutters together with two upper level dwellings, car parking and car parking dispensation, and signage on the front parapet and the side wall and the inclusion of a Packaged Liquor Licence’. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY Planning Permit P589/2005 in relation to 85-87 Silverdale Road, Eaglemont was issued 7 June 2006 at the direction of the Victorian Civil and Administrative Tribunal. The permit allows for the extension to the pre-existing shop premises, construction of two upper level dwellings, car parking, and parking dispensation and signage. Plans were endorsed on 16 October 2006. Locality Plan

Figure 1: Locality Plan

Ordinary Meeting of Council - 8 February 2016

N. ↑

Page 42

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT cont’d SUBJECT SITE AND SURROUNDING AREA The subject site is a rectangular shaped double width allotment, with a principal frontage to Silverdale Road. The site contains a double storey commercial shop on the ground floor, with private accommodation on the first floor. The site forms part of the Eaglemont Shopping Village. The building appears to have its original shopfront window and recessed entry. Vehicular access to the site is from a rear laneway. The Eaglemont Shopping Village is considered the most intact commercial development within Banyule. As per comments from Banyule’s Heritage advisor, ‘The shopping centre is a distinctive and enclosed urban entity, defined by its relatively narrow street width, predominantly two-storey building height and repetitive shop design with continuous parapets and canopy line’. PUBLIC NOTIFICATION The application was advertised pursuant to section 52 of the Planning and Environment Act (1987) because it was deemed that the application could cause material detriment to third parties. The application was advertised by mail to adjoining and surrounding property owners and occupiers and by placement of a sign on site. A total of seven (7) objections have been received. Grounds of objection are summarised as follows:     

Concerns regarding cumulative effect on the availability of alcohol for youth and unsavoury peoples; Noise associated with the sale of Alcohol at the subject site would detrimentally impact surrounding residents; Eaglemont Village is adequately served by Eaglemont Cellars; Adverse impact on the amenity of the area; Internal separation of liquor sales from general sales within the store are unclear from drawings submitted as part of the application.

REFERRAL COMMENTS The nature of the proposed amendments did not trigger the need for any formal internal or external referrals. The current proposal, besides the proposed use of a ‘Packaged Liquor License’, is to make minor amendments to the wording of existing signs, none of which are internally illuminated. Following a conversation with Banyule’s Heritage advisor, on heritage grounds the changes to the signs proposed in this application may be supported without specific heritage conditions.

Ordinary Meeting of Council - 8 February 2016

Page 43

4.5

Place – Sustainable Amenity and Built Environment

4.5

Place – Sustainable Amenity and Built Environment

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT cont’d PLANNING CONTROLS The proposed amendments are to be considered in context of the current planning controls applying to the land which are included in attachment 1 and listed below. ZONE OVERLAYS

COMMERCIAL 1 ZONE VEGETATION PROTECTION OVERLAY – SCHEDULE 3 HERITAGE OVERLAY (H03)

PARTICULAR PROVISIONS

52.27 LICENSED PREMISES  CLAUSE 11 SETTLEMENT;

SPPF, LPPF & MSS

 CLAUSE 15 BUILT ENVIRONMENT AND HERITAGE;  CLAUSE 17 ECONOMIC DEVELOPMENT;  MUNICIPAL STRATEGIC STATEMENT

TECHNICAL CONSIDERATION The application to include the use of ‘Packaged Liquor’ sales at 85-87 Silverdale Road is consistent with the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The principles of ‘planning’ include recognition of the need for, and as far as practicable contribute towards both diversity of choice and economic viability. It should be noted that many independent grocers within Banyule (including Rosanna, East Ivanhoe, Heidelberg West, Watsonia, Diamond Village, Lower Plenty and Macleod) currently provide the service and sale of Packaged Liquor within their existing supermarket premises. The current owners/occupiers of the Eaglemont IGA are seeking to be afforded similar economic opportunity consistent with many other similar supermarkets in Banyule. It should be noted that Packaged Liquor Licenses, prior to 8 April 2011 (VC79), did not require planning permission. Had the applicant wished to sell packaged liquor prior to 8 April 2011, permission would only have been required from the Victorian Commission for Gambling and Liquor Regulation (VCGLR). Packaged Liquor as a use now requires planning permission, so that the true cumulative impacts of all licensed premises can be considered and measured in totality. According to the practice notes compiled to assess the ‘Cumulative impacts of licensed premises’, the guidelines should be used for all applications for a new or expanded licensed premises that, either: will be licenced and open after 11pm; and in an area where there is a cluster of licensed premises. This is aimed at the consideration of licensed venues and this suggests that the guidelines are not focused on packaged liquor which is sold before 11pm.

Ordinary Meeting of Council - 8 February 2016

Page 44

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT contâ&#x20AC;&#x2122;d Furthermore, the subject site within the Eaglemont Shopping Centre is not considered to be a cluster for the following reasons: as a general guide clusters occur where there are three or more licensed premises (including the proposed premises) within a radius of 100 metres from the subject land; or 15 or more licensed premises (including the proposed premises) within a radius of 500 metres from the subject land. Cumulative impact refers to both positive and negative impacts that can result from clustering a particular land use or type of land use, in this instance Liquor sales. Pursuant to the relevant practice note relating to the cumulative impacts of licensed premises, the extent of assessment of cumulative impacts should be proportional to the likely impact of the proposal. The likelihood of the proposed sale of Packaged Liquor at 85-87 Silverdale Road contributing to negative cumulative impacts is considered to be low. The proposed sale of Packaged Liquor is unlikely to significantly contribute to noise and anti-social behaviour; violence and perceived threats to safety and or crime/vandalism, trespass and property damage. The Eaglemont Shopping Centre does not have a history of antisocial behaviour; nor is it considered to be a vulnerable community. Whilst granting permission to trade Packaged Liquor will increase the availability of alcohol within the centre, an increase in the availability of alcohol from a second shop premises is not considered likely to significantly impact the amenity of the immediate area, nor is it likely to affect access to alcohol for young persons. Traders of packaged liquor are required to comply with the Package Liquor code of conduct which addresses issues such as the responsible serving of alcohol and minors on licensed premises. It is considered that a second venue offering Packaged Liquor sales can contribute to consumer choice and thereby offers a positive cumulative impact. The proposed inclusion of Packaged Liquor Sales (ancillary to the existing IGA supermarket) will not affect the hours of operation of the existing IGA premises. Therefore it is considered that the proposed use of a Packaged Liquor Licence is unlikely to detract from the amenity of the surrounding area despite the potential for a small increase in customers up to the existing closing time. Similarly, a second Packaged Liquor outlet is not expected to generate a significant increase in business for the area, and therefore is unlikely to dramatically affect the amenity of the surrounding area. Packaged Liquor Sales will be ancillary to the existing IGA supermarket. For these reasons, it is considered that the application should be supported. CONCLUSION The application has been assessed to be in general accordance with State and Local Planning Policy Frameworks and the planning controls relevant to the land and the application. The application will not cause unacceptable detriment to surrounding landowners or to the character of the neighbourhood and it will support the economic viability of the Eaglemont Shopping Centre. For these reasons the application should be supported.

Ordinary Meeting of Council - 8 February 2016

Page 45

4.5

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

4.5

Place – Sustainable Amenity and Built Environment

PROPOSED AMENDMENT OF PLANNING PERMIT P589/2005 TO INCLUDE 'PACKAGED LIQUOR LICENCE' AT 85-87 SILVERDALE ROAD, EAGLEMONT cont’d ATTACHMENTS No.

Title

Attachment 1 - Planning Controls

179

Attachment 2 - Detailed Technical Consideration

181

Ordinary Meeting of Council - 8 February 2016

Page

Page 46

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE

Author:

Andy Wilson - Team Leader - Development Planning, City Development

Ward:

Griffin

File:

P777/1999

EXECUTIVE SUMMARY The development of Ivanhoe Grammar School is currently transitioning between the old development plan (February 2000) and the new plan approved in June 2015 but not yet endorsed. There are expectations set under the previously approved development plan that have not been fulfilled, such as the provision of car parking. While these expectations will be resolved with the completion of projects scheduled under the newly approved development plan, this plan is yet to be finalised and the timing is currently at the discretion of the school. The school has also provided census data for August 2015 confirming that its staff and student numbers are currently in excess of the maximums allowed under the February 2000 Development Plan. Council, at its meeting on 5 October 2015, resolved to extend the existing development plan for a transitional period on the condition that Ivanhoe Grammar School carry out certain actions (including increasing on site car parking) by the commencement of school in Term 1 of 2016. As these conditions will not be satisfied by the school within the specified timeframe, an alternative outcome is required. This report outlines a number of methods the school can use to reduce the demand for onsite car parking and while it will not reach compliance, a smaller shortfall can be achieved. The school has asked Council to consider granting a reduction of 16 on site spaces (based on an empirical assessment) for an additional 12 month period until the commencement of term 1 2017. It is considered that it is reasonable to accept this shortfall for this period. RECOMMENDATION That Council: 1.

Grant an extension of time to the existing development plan for 12 months (to July 2016) or until a new development plan is endorsed (whichever is the sooner).

Agree to additional staff and student numbers until the commencement of term one 2017 on the basis that: a.

The additional staff increase of 37 recorded at the 2015 census is reduced to no more than 19 additional staff onsite at any one time.

That at least 156 car parking spaces (an addition of 9) are made available onsite by 1 March 2016.

Ordinary Meeting of Council - 8 February 2016

Page 47

4.6

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

Place – Sustainable Amenity and Built Environment

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE cont’d 3.

Agree to transition arrangements which vary the plan including an additional shortfall of 16 on site car parking spaces until the commencement of term one, 2017.

Where the conditions of the transition arrangement outlined in 2 above are not met, enforce the arrangement outlined in the Development Plan of 1 February 2000 to ensure full compliance.

Write to the school to inform them of Council’s decision.

Write to residents in the locality to inform them of Council’s decision.

Planning Permit Application:

P777/1999

Development Planner:

Andy Wilson

Address:

41 The Ridgeway, Ivanhoe

Proposal:

Development Plan approval

Existing Use/Development:

Ivanhoe Grammar School

Applicant:

Whiteman Property and Accounting

Zoning:

Neighbourhood Residential Zone 3, General Residential Zone 2

Overlays:

Development Plan Overlay 4, Environmental Significance Overlay 4, Vegetation Protection Overlay 3, Significant Landscape Overlay 2, Land Subject to Inundation Overlay, Heritage Overlay (HO69)

Notification (Advertising):

Ward:

Griffin

This report outlines how Ivanhoe Grammar School aims to satisfy Council’s expectations during the period of transition between the end of the existing 2000 development plan and the commencement of the new development plan approved in 2015. The school was asked to comply with certain requirements, particularly as it relates to car parking and staff numbers, by the commencement of Term 1, 2016. It is now apparent that the School will not be meeting these requirements and therefore an alternative solution is required. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

Ordinary Meeting of Council - 8 February 2016

Page 48

Place – Sustainable Amenity and Built Environment

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE cont’d BACKGROUND/HISTORY On 9 June 2015, Council resolved to approve a Development Plan for Ivanhoe Grammar School until 2021. The approval was granted subject to a number of changes including provision of additional information such as the provision of census information to confirm the current student and staff numbers. The approval was also subject to a series of recommendations around achieving compliance in the interim period between the expiry of the existing development plan and the commencement of the new. The first Ivanhoe Grammar School Development Plan was approved on 1 February 2000 (P777/1999). This plan has been extended several times with the most recent extension through until July of 2015. Without an extension to this plan and in absence of the new plan being finalised and endorsed, there is uncertainty about which development plan should be adhered to. On 5 October 2015, Council resolved to extend the existing Development Plan timeframe so as to ensure it remains enforceable in the interim before the new plan is finalised. However, Council resolved to do this on the condition that Ivanhoe Grammar School meet particular expectations including that the school (from item 1): a.

Increase on site car parking by 47 spaces to the satisfaction of Council by the commencement of Term 1 2016 to meet the statutory demand for the number of staff that exceeds the number of staff permitted under the 2000 development plan. Alternatively, the School must ensure its staff and student numbers do not exceed that permitted under the 2000 development plan by the commencement of Term 1 2016. Provide a plan that demonstrates how vehicles can enter the site and exit again through Russell Street for early morning drop offs to the Council’s satisfaction by December 2015. Provide a Tree Care Management Plan to Council’s satisfaction by December 2015. This plan must outline the current outstanding compliance matters relating to replacement tree planting for trees removed without planning permission.

Ordinary Meeting of Council - 8 February 2016

Page 49

Place – Sustainable Amenity and Built Environment

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE cont’d

Figure 1: Locality Plan

SUBJECT SITE AND SURROUNDING AREA Ivanhoe Grammar School is located on the southern side of Lower Heidelberg Road, to the east of its intersection with Upper Heidelberg Road. It is bounded by The Boulevard to the south and The Ridgeway and Russell Street to the east and west respectively. The area is typically characterised by residential development set within established gardens. The site is located approximately 500m from the centre of Ivanhoe and is set between Darebin (450m) and Ivanhoe (350m) train stations.

Ordinary Meeting of Council - 8 February 2016

Page 50

Place – Sustainable Amenity and Built Environment

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE cont’d TECHNICAL CONSIDERATION Provision of additional onsite car parking Ivanhoe Grammar School has advised Council that it will not be able to satisfy item 1(a) of Council’s resolution from 5 October 2015 which requires the provision of an additional 47 spaces on site or reduce staff and student numbers to accord with the approved 2000 development plan – a reduction of 37 staff. The school proposes the construction of an underground car park which will ensure compliance with regards to on site car parking in the long term. However, before this is constructed, to ensure that the school provides an appropriate number of car parking spaces on site in the interim, a combination of measures is required. The requirement for an additional 47 spaces to be provided on site was partly based on the current shortfall of car spaces on site which was identified as 12 at the time the report was written but has since been revised to 9 (based on the original development plan requirement which was incorrectly referenced in the Council report from 5 October). The number of additional spaces required on site should therefore have been 44, not 47. In addition to the spaces not provided on site, the shortfall of spaces was calculated using the car parking demand generated by an additional 37 staff working on site in excess of that approved under the 2000 development plan. The statutory rate for secondary school (1.2 spaces per staff) was used to calculate the car parking figure. However, when assessing an appropriate number of car parking spaces under the 2000 development plan a rate of 0.87 spaces per staff was used. This was based on a survey which confirmed that 87% of staff drove to work. By applying this ratio, the additional requirement of 44 spaces should be reduced to 32 to ensure that a consistent methodology is applied. In addition, the school has noted a number of options to reduce the demand for onsite parking. Firstly the school has noted that their overall staff number has dropped by 6. Secondly, the school has advised that its maintenance staff are now required to park at Chelsworth Park, freeing an additional 3 spaces on site. Similarly, three staff included in the overall staff number are employed at a site on Lower Heidelberg Road, outside the DPO area. These staff park at the offsite location and therefore do not generate demand on the main school site. Lastly, the school has indicated that it can better manage its part time staff so as to coordinate the sharing of specific parking spaces on site. It has submitted a table outlining its part time staff and the days/hours they work and the opportunity that exists to have staff share spaces. They have identified the ability to have 12 staff share spaces, therefore reducing the demand by a further 6 spaces.

Ordinary Meeting of Council - 8 February 2016

Page 51

Place – Sustainable Amenity and Built Environment

4.6

IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE cont’d By implementing these measures, the excess staff on site reduces from 37 to 19. By applying a rate of 0.87 car parking spaces per staff, a shortfall of 16 spaces is derived. Table 1 below demonstrates this:

Excess staff 2015 Census Revised staff number

37 19

Table 1 Car parking required (Statutory rate 1.2) 44 22

Car parking required (empirical rate 0.87) 32 16

It is considered that the school has an effective shortfall of 16 car parking spaces on site. Ivanhoe Grammar School has therefore requested that Council grant a reduction in on site car parking for the outstanding amount and instead require compliance by the beginning of term one 2017. Other outstanding items Item 1(b) of Council’s resolution from 5 October 2015, requires a plan that demonstrates how vehicles can enter the site and exit again via Russell Street for early morning drop offs. This was required by December 2015 and has not yet been provided. However, at the time of writing this report, the school’s representatives have confirmed that this item will be satisfied prior to Council’s meeting on 8 February 2016. CONCLUSION The school has acknowledged that it will not comply with item 1(a) of Council’s resolution from 5 October 2015, which required an additional 47 car parking spaces be accommodated on site. However, a number of opportunities have been identified to ensure the school can provide an appropriate number of onsite spaces for an interim period. The result will be a shortfall of 16 spaces which the school has asked be accepted until the commencement of term 1 2017.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 52

6.1

COUNCIL ELECTIONS 2016

Author: Services

Gina Burden - Manager Governance & Communication, Corporate

File:

F2015/2806

6.1

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The next 4 yearly council elections for all seventy nine (79) Victorian councils will be held on 22 October 2016. The recent Local Government Act 1989 amendments have made the Victorian Electoral Commission (VEC) responsible for conducting electoral services for local government elections in Victoria. This means that councils are no longer required to tender for the provision of electoral services. The amendments have also introduced a number of other requirements which impact on the conduct of the elections, including the requirement for councils to adopt an Elections Period Policy. Councils are able to choose between conducting attendance voting or postal voting elections. Banyule has in the past conducted its elections by attendance voting including in the last election held in 2012. The preliminary estimates from the VEC for conducting an attendance election for Banyule have been received and indicate that the costs have increased by 35% from 2012. As a result the budget estimate ($500,000 based on 2012) will have to be significantly revised up in the 2016/17 Budget if Council wishes to continue with attendance voting. Council has until 22 February 2016 to confirm the method of voting for Banyule’s election and to advise the VEC of any change. RECOMMENDATION That Council: 1.

note the report and the planning that is underway for the conduct of the 2016 Victorian Local Government General Elections; and

confirm (either postal or attendance) voting as the method of voting to be used for the 2016 Banyule General Elections.

Ordinary Meeting of Council - 8 February 2016

Page 53

6.1

Performance - Use Our Resources Wisely

COUNCIL ELECTIONS 2016 contâ&#x20AC;&#x2122;d BACKGROUND Local Government elections are held every 4 years in Victoria. The next General Election for all 79 councils will be held on 22 October 2016. Elections plans are now well underway. Amendments made to the Act in late 2015 mean that Victorian councils are no longer required to tender out for the provision of electoral services as the VEC has been made the sole provider responsible for conducting local government elections. Council will instead be required to enter into a service agreement with the VEC which will be finalised by the end of February 2016 and will be based on the type of election Council decides to conduct. Council is able to choose the method of voting at council elections which is either by postal voting or attendance voting. It has until 22 February 2016 to determine if there is to be a change in the method of conducting the vote and to then inform the VEC. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. The Human Right that is impacted by the conduct of elections is Section 18 â&#x20AC;&#x201C; The right to take part in public life, which includes every eligible person being given the right to vote and be elected at elections. In determining the method of voting, Council needs to consider the method of voting which best supports and enhances the right for eligible persons to vote, or least impacts on the ability of persons to vote. LEGAL CONSIDERATION The legal requirements related to local government elections are prescribed within Part 3 of the Local Government Act 1989 (the Act) and the Local Government (Electoral) Regulations 2005. Section 41A of the Act allows for councils to nominate that all voting at an election is to be by means of postal voting; the alternative being by attendance voting. Section 41(2A) requires that voting at a general election must be conducted by the same means, whether attendance or postal voting, as the previous general election was conducted unless the Council has decided at least 8 months before the election day to change the means of conducting the voting. For Banyule Council this means that any decision to change the method of voting from the last election would need to be made by 22 February 2016.

Ordinary Meeting of Council - 8 February 2016

Page 54

Performance - Use Our Resources Wisely

6.1

COUNCIL ELECTIONS 2016 cont’d FUNDING IMPLICATIONS As the sole service provider for Banyule City Council’s Election services, the VEC has recently written to the CEO advising that they have finalised their Election Plan for conducting the local government elections in 2016. As part of the Plan, and in order to allow councils to budget for the upcoming elections, they are providing the preliminary cost estimates for conducting the elections for each individual council based on the type of election (attendance or postal) which each council held in 2012. The estimated cost of Banyule General elections as advised by the VEC is $664,442.83 (ex GST). This includes $592,927.55 (ex GST) for preparing the municiapl voters roll and conducting the election and $71,515.28 (ex GST) for compulsory voting enforcement. This figure represents a 35 % increase in the cost of the elections from 2012. The explanation and rationale for the significant price increase is discussed later in this report. The price increase means that there will need to be an adjustment made to the 2016/17 budget estimate and also an allocation made in the 2017/18 budget. The current 10 year forecast allocated $500,000 for 2016/17 which was based on the costs in 2012, and while this allowed for a slight increase, a 35% increase was not anticipated. The new figure will need to be $634,443 (cost of the election plus part cost of failure to vote enforcement) in 2016/17 and a further $50,000 ($30k for failure to vote enforcement and $20k contingency) in 2017/18. The above costs are based on Council conducting its elections by attendance voting. Council has the option of choosing to conduct the election by postal voting (71 of the 79 councils use postal voting). The VEC have advised that postal voting for Banyule would be $180K - $200K less, which would mean it would fall within the current budget allocation. DISCUSSION Election Planning The VEC finalised and released its Local Government Election Services Plan 2016 in December 2015. The Plan outlines the VEC’s work at each stage of the election timeline and sets targets to assess the success of the program following its completion. It also details the areas councils will be contributing to the preparations for the elections and builds on the important partnership between the VEC and its local government clients. In late 2015, the Victorian Parliament amended the Local Government Act 1989 to establish the VEC as the statutory election service provider to the local government sector. The legislation has also introduced new aspects to the election program and changed or removed requirements in other parts of the election. The key amendments made to the conduct of elections as a result of the changes to the legislation include:   

Making the VEC the statutory provider for all council elections (no need to tender for election services). VEC to prepare electoral rolls. Removing the requirement for an exhibition voters’ roll.

Ordinary Meeting of Council - 8 February 2016

Page 55

6.1

Performance - Use Our Resources Wisely

COUNCIL ELECTIONS 2016 cont’d      

Making the VEC solely responsible for all aspects of the administration and enforcement of non-voting at council elections. Allowing the VEC to charge councils its reasonable costs for running their election services, including its costs in enforcing non-voting. Giving the VEC (through the returning officer) the power to challenge the validity of an election, in the same way that a candidate and voters may currently do. Preventing a person who is banned from being a company director from being a candidate in an election or continuing as a councillor. Enabling a returning officer to remove a candidate found to be disqualified from the ballot paper. Requiring councils to have an election period (or ‘caretaker’) policy and clarifying limitations on publication of council documents during the election period.

Election Period Policy For the 2012 elections, Caretaker Procedures were developed and implemented at Banyule as part of best practice and were used to guide staff and sitting councillors in the lead up to the elections. These were never formally adopted by Council, however, the amendments to the Act now require councils to adopt an election policy. For the 2016 elections, the policy must be adopted by the end of March 2016 and for subsequent elections must be reviewed not later than 12 months from the commencement of the election period. Officers will review the existing Caretaker Procedures to ensure it complies with all the new requirements of the Act, and will prepare a report for Council in March allowing enough time for Council to adopt a new Elections Period Policy. The three matters that must (as prescribed in the Act) be covered in the policy are:   

Preventing inappropriate decisions and misuse of resources. Limiting public consultation and council events. Equitable access to Council information.

Election Costs As advised under the heading ‘Funding Implications’ the cost estimate provided for the 2016 elections represents a 35% increase from the previous elections. The reasons the VEC have given for this increase include: 



The estimate has been prepared using key parameters that were agreed with Banyule for the preparation of the VEC’s quote in 2012, including local advertising outlets, election office accomodation, candidacy, turnout and CEO list enrolment, with updated State enrolment information. Costs have significantly increased in a number of areas since 2012 which impact on local government elections. One of the areas is Australia Post, and as a result, postage rates have increased from 47c per item to 97c per item from 1 January 2016 (for the equivlent targarted delivery). It is noted that the VEC’s costings show that the Australia Post price increases have impacted on the average cost of attendance elections only slightly less than for postal elections. Mail-outs are still required for attendance elections.

Ordinary Meeting of Council - 8 February 2016

Page 56

Performance - Use Our Resources Wisely

6.1

COUNCIL ELECTIONS 2016 cont’d Incorporating the cost changes, the VEC notes that – based on its costing activity so far – attendance and postal elections have increased in cost by 35.24% and 33.38%, respectively since the 2012 local government elections, with an overall increase of 33.75% since 2012. Based on the estimates prepared for each council, the average cost per voter is $7.15 (ex GST) for attendance and $5.74 (ex GST) for postal elections.” Method of Voting – Postal/Attendance In regard to the method of voting, Banyule Council is one of eight of the 79 councils in Victoria to conduct elections by attendance voting, meaning that voters must attend polling booths on the day of the election to cast their votes, unless they have cast a pre-poll vote or applied for a postal vote. All other councils conduct their elections by postal voting. The other seven councils which conducted attendance voting in 2012 were: Glen Eira, Greater Dandenong, Knox, Moreland, Port Philip, Stonnington and Yarra Councils. These councils may not necessarily be conducting attendance voting elections in 2016, as with each election the number of councils doing so has progressively declined. The main reasons for this seem to be: Postal Voting  Convenience for voters. Ballot papers are posted to voters’ for completion. Voters who are isolated, live in remoter locations, or are less able to leave their homes due to illness or disability particularly find postal voting more convenient. 

The cost, which is substantially less (30 – 40% more for attendance voting). For Banyule the indicative figure is that it will cost $180,000 to $200,000 less.



The participation rate under the postal system has been comparably higher than the turnout rate at attendance elections. In 2012 the average participation rate for postal elections was 72.57% and for attendance it was 63.62%. Though Banyule is an exception to this, having achieved a 70.72% participation rate in 2012.



Informal vote (and therefore invalid vote) percentages are much less with postal voting than under attendance voting. The average informal voting percentage for postal voting in 2012 was 4.76%, and for attendance voting it was 10.09%. Banyule’s informal voting percentage in 2012 was 7.81%.

While postal voting has been the preferred method for the vast majority of councils, those councils that have continued to support attendance voting do so based mainly on the following arguments: Attendance Voting  Attendance voting is the method of voting most associated with the democratic process of voting. Some voters and community leaders maintain a preference for attendance voting because it involves face-to-face interaction with candidates or their supporters, in contrast to the view that postal voting can seem impersonal. 

Some argue that attendance voting can help to discourage dummy candidates believing the postal system to be more open to manipulation in this regard.

Ordinary Meeting of Council - 8 February 2016

Page 57

6.1

Performance - Use Our Resources Wisely

COUNCIL ELECTIONS 2016 cont’d 

Others believe that postal voting may be more susceptible to fraud (lost and stolen ballots).



The view that postal material is confusing for voters whereas at attendance elections there are officials present to assist voters.

Banyule Council needs to consider whether it will change the method of voting for the 2016 election and has until 22 February 2016 to inform the VEC of any change. TIMELINES The following key timelines are from the VEC 2016 Election Services Plan: DATE Jan – Feb 2016 22 Feb 1 Mar – 30 Apr July 26 Aug 14 Sept 15 Sept 20 Sept 21 Sept 20 Oct 21 Oct 22 Oct 23 – 28 Oct Early Jan 2017

ACTIVITY Service level negotiations with councils to be finalised Final day for councils to resolve to change their method of voting Period for receiving preliminary voters’ roll data from councils Access to election office accommodation is required Entitlement Date at 4.00pm Election Offices open to the public Certification of the voters’ roll by the Registrar Opening of the candidate nomination period Close of nominations at 12 noon Ballot draws to determine the ballot paper order Commencement of Election (Caretaker) period 12.00 am Opening of early voting and postal voting Deadline for applying to receive postal vote for attendance elections Close of voting for postal elections at 6.00pm Close of early voting for attendance elections at 6.00pm Election Day Counting and declarations Non-voter follow up commences

CONCLUSION As a result of the Local Government (Governance Improvements) Act 2015 a number of amendments were made to the primary Act which impact on the 2016 Council Elections. This includes the requirement for an Election Period Policy and the VEC being given the sole responsibility for conducting council elections with Councils no longer being required to tender out for electoral service. In conducting the elections for councils, the VEC is able to recover the costs incurred’ which includes the follow-up and enforcement of failures to vote. The preliminary estimates provided to Council for budgeting purposes indicate that there has been a 35% increase in the costs since the 2012 elections, which have been explained by the VEC. Council will need to factor in this significant increase in costs when determining the method of voting for Banyule in the 2016 elections. ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 58

6.2

PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES

Author:

Andrea Turville - Property Officer, City Development

Ward:

All

File:

F2013/1134

6.2

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY Council owns and leases the land and improvements at 23 preschools within the municipality. The leases, which did not provide for an option for a further term, have expired (expired leases). It is now proposed that Council enter into new leases with each of the entities that currently offer kindergarten services from the 23 preschools (proposed leases). The proposal triggers the need to give public notice under sections 190 and 223 of the Local Government Act 1989 (Act). For the purposes of giving public notice for this proposal it is noted that the “Diamond Valley Leader” and the “Heidelberg Leader” are the newspapers generally circulated within the municipality. This report seeks to initiate giving public notice of Council’s intention to enter into the proposed leases in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016. The giving of public notice of Council’s intention to enter into a lease does not compel Council to do so. Council is merely complying with its statutory obligations under the Act. These obligations include giving public notice, considering written submissions and hearing submissions from persons who have requested to be heard on such a proposal. A decision on whether or not to grant the proposed leases will be made by Council at a future meeting. RECOMMENDATION That: 1.

In accordance with sections 190 and 223 of the Local Government Act 1989 (Act), the statutory procedures be commenced to give public notice of Council’s intention to grant a lease to each entity listed below, and invite submissions on the proposal in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016.

Entity Try Australia Children’s Services

Ordinary Meeting of Council - 8 February 2016

Page 59

Performance - Use Our Resources Wisely

6.2

PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES cont’d

Apollo Parkways Preschool Inc Briar Hill Preschool Association Inc. The Bundoora Preschool Association Inc. Panorama Heights Preschool Inc. Sherbourne Preschool Association Inc. Wahroongah Preschool Inc. Watsonia North Preschool Inc. Viewbank Preschool Association Inc. Watsonia Preschool Association Inc. Winston Hills Preschool Association Inc. East Ivanhoe Preschool Centre Inc. Lower Plenty Kindergarten Association Inc. Yandell Kindergarten Inc.

Greenhills Preschool Apollo Parkways Preschool Briar Hill Preschool

37 St Helena Rd, Greensborough 31 Plenty River Drive, Greensborough 118 Karingal Drive, Greensborough

Bundoora Preschool

20 Noorong Avenue, Bundoora

Panorama Heights Preschool

3 Mitchell Avenue, Montmorency

Sherbourne Preschool.

Watsonia North Preschool

156 Sherbourne Road, Montmorency 66 Wahroonga Crescent, Greensborough 68 Macorna Street, Watsonia North

Viewbank Preschool

84 Duff Parade, Viewbank

Watsonia Preschool

19 Crellin Crescent, Watsonia

Winston Hills Preschool

24 Rohan Street, Viewbank

East Ivanhoe Preschool

1 King Street, Ivanhoe East

Lower Plenty Kindergarten

34 Glenauburn Road, Lower Plenty

Yandell Kindergarten

37 St Helena Road, Greensborough

Wahroongah Preschool

Written submissions on the proposal be received and persons who have made a written request to be heard in person, or by a party representing them as specified in their written submission and in accordance with the Act, be heard, at the Ordinary Meeting of Council on 4 April 2016 beginning at 7.45 pm to be held in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe.

Council will decide on whether or not to grant the leases at a future meeting, after considering any submissions received and hearing from those persons who have requested to be heard in support of their submission.

If no submissions are received, Council may, at its meeting on 4 April 2016, decide whether or not to grant the leases.

Ordinary Meeting of Council - 8 February 2016

Page 60

Performance - Use Our Resources Wisely

6.2

PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES cont’d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues. Any person who considers that they have been deprived of their rights may make a submission in accordance with Section 223 of the Act with respect to a proposal to grant a lease. BACKGROUND Council owns and currently leases the 23 preschools to the entity listed in Table 1 below: Table 1 Entity Try Australia Children’s Services

Preschool Fairy Hills Kindergarten Grace Park Preschool Warrawee Park Preschool Early Childhood Management Delta Road Preschool Services Inc. Interlaken Preschool Macleod Kindergarten St Helena Preschool Yallambie Park Preschool Greensborough Preschool Greenhills Preschool Apollo Parkways Preschool Apollo Parkways Preschool Inc Briar Hill Preschool Briar Hill Preschool Association Inc. The Bundoora Preschool Bundoora Preschool Association Inc. Panorama Heights Preschool Panorama Heights Preschool Inc. Sherbourne Preschool Sherbourne Preschool. Association Inc. Wahroongah Preschool Inc. Wahroongah Preschool Watsonia North Preschool Inc. Viewbank Preschool Association Inc. Watsonia Preschool Association Inc. Winston Hills Preschool Association Inc. East Ivanhoe Preschool Centre Inc. Lower Plenty Kindergarten Association Inc. Yandell Kindergarten Inc.

Address 7 Thyer Road, Ivanhoe 179 Nepean St, Greensborough 10 The Rameo, Bundoora 15 Delta Road, Greensborough 19 Interlaken Pde, Rosanna 5 Birdwood Avenue, Macleod 22 Wallowa Road, Eltham North 311 Yallambie Road, Yallambie 17-19 Ester St, Greensborough 37 St Helena Rd, Greensborough 31 Plenty River Drive, Greensborough 118 Karingal Drive, Greensborough 20 Noorong Avenue, Bundoora 3 Mitchell Avenue, Montmorency

Watsonia North Preschool

156 Sherbourne Road, Montmorency 66 Wahroonga Crescent, Greensborough 68 Macorna Street, Watsonia North

Viewbank Preschool

84 Duff Parade, Viewbank

Watsonia Preschool

19 Crellin Crescent, Watsonia

Winston Hills Preschool

24 Rohan Street, Viewbank

East Ivanhoe Preschool

1 King Street, Ivanhoe East

Lower Plenty Kindergarten

34 Glenauburn Road, Lower Plenty

Yandell Kindergarten

37 St Helena Road, Greensborough

Ordinary Meeting of Council - 8 February 2016

Page 61

Performance - Use Our Resources Wisely

6.2

PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES contâ&#x20AC;&#x2122;d The entities are non profit organisations offering kindergarten services from the respective preschools; many having offered the service to the community for many years. The existing leases, which did not provide for an option of a further term, expired on 30 April 2015. Discussions regarding opportunities for two of the entities, namely Try Australia Childrenâ&#x20AC;&#x2122;s Services and Early Childhood Management Services Inc, to take over the operation of some of the preschools as Cluster Managers, have delayed the renewal of the existing leases. The permitted use under the existing leases allows for the operation of an education and care service managed and administered by a non profit community based organisation primarily for the benefit of the residents and ratepayers of the City of Banyule, including those who are socially and/or financially disadvantaged and people with special needs. In the existing leases, Council is responsible for the structure of the building, roof and gutter cleaning, security lighting and a range of other statutory responsibilities including maintaining exit signs and emergency lighting, fire prevention and detection equipment. The existing lease provides that the entities reimburse Council the cost of providing those services. During the last 12 months these costs have been averaged and equate to approximately $2,000 per annum for each preschool. CURRENT SITUATION The proposal is to offer new leases to each of the above entities. The proposed leases will generally be in accordance with the existing leases and provide that the entities will be responsible for all consumables and some internal maintenance. As previously indicated the existing leases provide for Council to seek reimbursement for the cost of providing certain services. In the proposed leases, for purposes of efficiency, it is suggested that the entities reimburse Council by way of an increase in the rent payable. In this instance it is intended that the commencing rent be $2,000 per annum plus GST. This commencing rent comprises the existing nominal rental of $1.00 per annum, together with an amount to cover the reimbursement to Council for the costs referred to above. The proposed leases also allow for 2% annual increments. This will provide further efficiency for Council and budgeting advantages for the entities. The proposed leases will be exempt from the provisions of the Retail Leases Act 2004 due to the non profit status of the entities entering into the lease. There will be variable commencement dates due to changes in operation by some of the entities. However term of the proposed leases will end on 30 April 2020 and will not provide for any additional terms. The giving of public notice of Councilâ&#x20AC;&#x2122;s intention to grant a lease does not compel Council to do so. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to grant a lease.

Ordinary Meeting of Council - 8 February 2016

Page 62

Performance - Use Our Resources Wisely

6.2

PRESCHOOL LEASES - COMMENCE STATUTORY PROCEDURES cont’d LEGAL CONSIDERATION The Act provides that Council must give public notice of its intention to enter into a lease if the term of the lease is greater than one year and the rental valuation is greater than $50,000 per annum or the lease is for a term of 10 years or more or it is a building or improving lease. In this instance public notice is required to be given because the current market rental valuation of a number of the preschools is more than $50,000 per annum. Despite it not being necessary to give public notice in respect of all proposed leases for the purposes of consistency it is considered appropriate that public notice be given in respect to all. STATUTORY PROCEDURES Public notice of Council’s intention to grant a lease must be given in accordance with Council’s Official Newspaper Policy and submissions on the proposal invited and considered in accordance with Section 223 of the Act. POLICY IMPLICATIONS PUBLIC NOTICE Council’s Official Newspaper Policy provides that: “The Heidelberg Leader and/or Diamond Valley Leader and/or the Heidelberg and Valley Weekly, where appropriate be appointed as Council’s official newspapers for the purpose of providing public notice except where circumstances may be deemed appropriate to use The Age and/or the Herald/Sun for particular public notices.” For the purposes of giving public notice for this proposal, it is noted that the “Diamond Valley Leader” and the “Heidelberg Leader” are the newspapers that are generally circulated within the municipality. CONCLUSION Council should now direct that, pursuant to section 223 of the Act, public notice of its intention to grant leases for the 23 preschools to the entities referred to in Table 1, be given in the “Diamond Valley Leader” and the “Heidelberg Leader” and inviting submissions on such proposal. A decision on whether or not to grant the leases will be considered at a future meeting of Council.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 63

6.3

Performance - Use Our Resources Wisely

WATSONIA POOL LEASE: 20 LIAT WAY, GREENSBOROUGH

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

Bakewell

File:

F2013-1132

Previous Items Council on 9 November 2015 (Item 6.3 - Watsonia Pool: 20 Liat Way Greensborough, Notice of Intention to Lease) EXECUTIVE SUMMARY The Watsonia Pool is currently leased to Yarra Plenty Swimming Club Inc (YPSC) and is in over hold. The lease includes a nominal rent arrangement and Council receives no income for the operation of the facility. Council received a proposal from the YPSC in April 2015 requesting a five (5) x five (5) year commercial based lease. Negotiations with the Executive Committee of YPSC, Swimming Australia and Council officers resulted in the preparation of a Service Level Agreement (SLA) to complement the proposed lease agreement. The SLA will ensure the YPSC’s operation of the facility is transparent, accountable and requires YPSC to provide Council with regular financial, risk management and key performance indicator reports. Final lease negotiations have concluded with the parties reaching ‘in principle’ agreement’ for a five (5) year proposed lease for the management of Watsonia Pool. Given the nature of the proposed lease arrangement the Retail Leases Act 2003 (RLA) will apply. Pursuant to section 21 of the RLA, there is a five (5) year minimum term for a retail lease. Under the RLA Council will have maintenance and renewal responsibilities which are clearly defined in the proposed lease. The proposal to grant a new lease also triggered the need to give public notice of its intention to grant the lease and to invite submissions on the proposal under sections 190 and 223 of the Local Government Act 1989. At the ordinary meeting of Council held on the 9 November 2015, Council resolved that officers commence the statutory procedures to give public notice of Council’s intention to grant the Lease and invite written submissions from the public on the proposal in the “Diamond Valley Leader” on 17 November 2015. The submission period closed at 5:00 pm on 16 December 2015, with no submissions being received. This report seeks Council’s decision on the granting of a five (5) year lease of the Watsonia Pool to YPSC commencing on 15 February 2016. RECOMMENDATION That: 1.

Having complied with Sections 190 and 223 of the Local Government Act 1989:

Ordinary Meeting of Council - 8 February 2016

Page 64

WATSONIA POOL LEASE: 20 LIAT WAY, GREENSBOROUGH cont’d a. b.

by giving public notice in the “Diamond Valley Leader” on 17 November 2015; by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 8 February 2016 to be heard at that meeting; and by recording that no submissions have been received;

Council grants to Yarra Plenty Swimming Club Inc (YPSC) lease of the land and improvements known as Watsonia Pool located at 20 Liat Way Greensborough for the term of five (5) years commencing on 15 February 2016. 2.

A Service Level Agreement, which obligates YPSC to provide Council with regular financial, risk management and key performance indicator reports, be entered into between Council and YPSC.

The necessary documentation to effect the lease and the Service Level Agreement, be signed and sealed at the appropriate time.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with the law.” It is considered that the subject matter does not raise any human rights issues. Council has the legislative power to lease land owned or vested in Council’s name. Any person who considers they have been deprived of their rights may make a submission in accordance with section 223 of the Act with respect to a proposal to grant a lease. BACKGROUND The Watsonia Pool is currently leased to Yarra Plenty Swimming Club Inc (YPSC). The existing lease has expired. The existing lease provides for a nominal rental arrangement with Council receiving very little income for the operation of the facility.

Ordinary Meeting of Council - 8 February 2016

Page 65

6.3

Performance - Use Our Resources Wisely

6.3

Performance - Use Our Resources Wisely

WATSONIA POOL LEASE: 20 LIAT WAY, GREENSBOROUGH cont’d Under the existing lease Council is responsible for the structure and external maintenance of the facility however has no operational or internal maintenance responsibilities. CURRENT SITUATION Negotiations with the Executive Committee of YPSC, Swimming Australia and Council officers resulted in the preparation of a Service Level Agreement (SLA) to complement the proposed lease agreement. The SLA will ensure the YPSC’s operation of the facility is transparent, accountable. It also requires YPSC to provide Council with regular financial, risk management, key performance indicator reports and clearly outlies maintenance responsibilities. LEGAL CONSIDERATION LOCAL GOVERNMENT ACT 1989 Public notice of the proposal was given in the “Diamond Valley Leader” on 17 November 2015, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 16 December 2015, with no submissions being received. RETAIL LEASES ACT 2003 Given the nature of the proposed lease arrangement the provisions of the Retail Leases Act 2003 (RLA) will apply. Pursuant to section 21 of the RLA, a tenant is entitled to lease with a minimum term of five (5) years. The RLA also provides that Council, as the landlord, will have maintenance and renewal responsibilities which are clearly defined in the proposed lease. CURRENT SITUATION The giving of public notice does not obligate Council to approve the proposal to grant the lease. It is merely an invitation to the public to make a submission in respect to the proposal. No submissions to the proposal were received. Therefore the purpose of this report is for Council to decide whether or not to grant the lease. CONCLUSION The granting of a new five (5) year lease will enable the YPSC Inc. to continue to operate the Watsonia Pool with no disruption to the community. The SLA and the proposed lease will provide an opportunity for Council to monitor and work in partnership with the YPSC to ensure the facility is managed, maintained and operated safely and effectively. In light of the above, the proposal, to grant a five (5) year lease of the Watsonia Pool to YPSC should be supported.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 66

6.4

ASSEMBLY OF COUNCILLORS

Author:

Kellie O'Shea - Senior Governance Officer, Corporate Services

File:

F2015/337

6.4

Performance - Use Our Resources Wisely

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

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

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

Date of Assembly:

14 December 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 14 December 2015 as listed below: 1.1 Additional Patrons in Footpath Trading Area for 'Grape and Hop' in Were Street, Montmorency 1.2 Barclay Park, Greensborough 2.1 Banyule BestBiz Awards 2.2 Women's Particpation - Gender Equality 3.1 Screening and Carparking at Council's Operations Centre in Waterdale Road, Bellfield 3.2 Sustainability Fund - Priority Statement 4.1 Approval of Environmentally Sustainable Development Policy 4.2 Revisions to the Outdoor Advertising Policy 4.3 Victorian Cycling Strategy Submission 4.4 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe 4.5 Mixed use development at 9-11 Martin

Ordinary Meeting of Council - 8 February 2016

Page 67

Performance - Use Our Resources Wisely

6.4

ASSEMBLY OF COUNCILLORS cont’d

4.6 4.7 5.1 6.1

6.2 6.3 6.4 6.5 6.6 6.7

7.1 8.1 8.2 8.3

Street & 12 Powlett Street and 230 Burgundy Street HEIDELBERG Multi dwelling development at 33 Airlie Road, Montmorency (P715/2015) North East Link - Quarterly Report Annual Somali Community Festival Proposed discontinuance and sale of section of RW028 adjacent to the rear of 4/98 Lower Heidelberg Road, Ivanhoe Scouts Association of Australia Victorian Branch - Lease Sale of 14A Bannerman Avenue, Greensborough Audit Committee Charter Local Goverment Act 1989 Review Submission Assembly of Councillors Award of Contract for Panel of Consultants for Traffic,Transport, Drainage and Civil Works Design Services - Contract 0853-2016 Sealing of Documents Malahang Reserve Survey Mayoral Duties and Attendance 1 July - 16 November 2015 Sound Barriers along Greensborough Highway

Councillors Present:

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

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Emily Outlaw – Council Governance Liaison Officer Joseph Tabaco – Manager, Property & Economic Development Joel Elbourne- Manager, Urban Planning & Building Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

14 December 2015

Type of Meeting:

Multicultural Advisory Committee

Ordinary Meeting of Council - 8 February 2016

Page 68

ASSEMBLY OF COUNCILLORS cont’d Matters Considered:

Bus tour for new arrivals in Banyule Update – Women’s Only Friday Night Swimming Extension of Multicultural Advisory Committee Malahang Festival Activity Review Presentation – Council Advisory Committees Victoria Multicultural Commission Regional Advisory Councils - Cultural Diversity Week 2016 - Other business

Councillors Present:

Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican

Staff Present:

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

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

21 December 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Special Meeting of 21 December 2015 as listed below: 4.1 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe

Councillors Present:

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

Staff Present:

Scott Walker – Director City Development Joel Elbourne- Manager, Urban Planning & Building

Others Present:

Nil

Conflict of Interest:

Nil

Ordinary Meeting of Council - 8 February 2016

Page 69

6.4

Performance - Use Our Resources Wisely

6.4

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

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 70

6.5

ITEMS FOR NOTING

Author:

India Mortlock - Community & Social Planner, Community Programs

File:

6.5

Performance - Use Our Resources Wisely

RECOMMENDATION That Council note the following minutes/reports: 1. 2. 3. 4. 5.

Disability and Inclusion Advisory Committee meeting on 4 November 2015. Aboriginal and Torres Strait Islander Advisory Committee meeting on 19 November 2015. Lesbian, Gay, Bisexual, Transgender & Intersex (LGBTI) Advisory Committee meeting on 8 December 2015. Aged Friendly City Advisory Committee meeting on 11 December 2015. Multicultural Advisory Committee meeting on 14 December 2015.

That Council consider two amendments to the terms of reference of the Aboriginal and Torres Strait Islander Advisory Committee to: 1. 2.

Increase the number of meetings per year from four meetings to six meetings. Rotate the chair of the meetings when held at Babarrbunin Beek. Councillor Langdon would continue to chair the meetings held at Council Chambers.

The following Minutes or Reports are presented for noting: 1

Report/Committee Name: .Officer: Brief explanation:

Disability and Inclusion Advisory Committee Shawn Neilsen The Disability and Inclusion Advisory Committee met on Wednesday 4 November 2015 in the Rosanna meeting rooms. The minutes from the meeting are in Attachment 1. The aim of the Disability and Inclusion Advisory Committee is to provide Council with advice and information on issues facing people with disabilities and on the development and implementation of Councilâ&#x20AC;&#x2122;s Disability Action Plan. Councillor Mulholland chaired the meeting and Councillor Langdon also attended the meeting. Eight committee members attended the meeting. There were no recommendations from this meeting.

Report/Committee Name: . Officer:

Ordinary Meeting of Council - 8 February 2016

Aboriginal and Torres Strait Islander Advisory Committee Theonie Tacticos

Page 71

Performance - Use Our Resources Wisely

6.5

ITEMS FOR NOTING cont’d Brief Explanation:

The Aboriginal and Torres Strait Islander Advisory Committee held its second meeting on 19 November at Barbarrbunin Beek Aboriginal Gathering Place. The minutes from the meeting are in Attachment 2. The aim of the Aboriginal and Torres Strait Islander Advisory Committee is to provide Council with advice and information on issues facing the Aboriginal and Torres Strait Islander community and on the development and implementation of Council’s Aboriginal and Torres Strait Islander plan. Councillor Langdon chaired the meeting. Six committee members attended the meeting. There was one recommendation from the Committee; that Council consider two amendments to the terms of reference to: 3. 4.

Report/Committee Name: . Officer: Brief explanation:

Increase the number of meetings per year from four meetings to six meetings Rotate the chair of the meetings when held at Babarrbunin Beek. Councillor Langdon will continue to chair the meetings held at Council Chambers. Currently the terms of reference state that the Councillors will chair all meetings.

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Advisory Committee India Mortlock The LGBTI Advisory Committee held its tenth meeting on Tuesday 8 December 2015 at the Tom Roberts room. The minutes from the meeting are at Attachment 3. The aim of the LGBTI Advisory Committee is to provide Council with advice and information on issues facing the LGBTI community and on the development and implementation of Council’s LGBTI Plan. Councillor Mulholland chaired the meeting and Councillor Langdon also attended the meeting. Five committee members attended the meeting. There were no recommendations from the meeting.

Report/Committee Name: .Officer:

Ordinary Meeting of Council - 8 February 2016

Aged Friendly Cities Advisory Committee Catherine Simcox

Page 72

ITEMS FOR NOTING cont’d Brief explanation:

The Aged Friendly Advisory Committee met on Friday 14 August 2015 in the Tom Roberts Room. The minutes from the meeting are in Attachment 5. The aim of the Aged Friendly Advisory Committee is to provide Council with advice on older adult issues and ageing well in Banyule. The Committee will oversee Councils involvement in the World Health Organisations Global Network of Age-friendly Cities. Cr Mulholland chaired the meeting and Councillor Langdon attended part of the meeting. Eight committee members attended the meeting. There were no recommendations from this meeting.

Report/Committee Name: .Officer: Brief explanation:

Multicultural Advisory Committee India Mortlock The Multicultural Advisory Committee held its tenth meeting on Monday 14 December 2015 at Council Chambers. The minutes from the meeting are at Attachment 6. The aim of the Multicultural Advisory Committee is to provide Council with advice and information on issues facing the Multicultural community and on the development and implementation of Council’s Multicultural Plan. Councillor Di Pasquale chaired the meeting and Councillor Langdon (until 5pm), Cr Steven Briffa (until 5pm), Cr Tom Melican (until 5pm) also attended the meeting. Six committee members attended the meeting. There were no recommendations from the meeting for Council’s consideration.

ATTACHMENTS No.

Title

Banyule Disability & Inclusion Advisory Committee Minutes 4 November 2015

183

Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

186

Banyule LGBTI Advisory Committee Minutes 8 December 2015

191

Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015 Banyule Multicultural Advisory Committee Minutes 14 December 2015

195

Ordinary Meeting of Council - 8 February 2016

Page

Page 73

200

6.5

Performance - Use Our Resources Wisely

6.6

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS

Author:

Lorraine Willett - Property Officer, City Development

File:

F2015/1244

Previous Items Council on 9 November 2015 (Item 2.2 - 7 Dudley Street Ivanhoe - Proposed Discontinuance of RW053 and Sale of Land) EXECUTIVE SUMMARY Consistent with Council’s resolution of 9 November 2015, the statutory procedures were commenced to give public notice of Council’s intention to discontinue and sell the section of ‘road’ adjacent to the northern boundary of 7 Dudley Street, Ivanhoe, and currently enclosed within the fence line of that property (unused ‘road’). Public notice was given in the “Heidelberg Leader” on 17 November 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed at 5:00pm on 15 December 2015 with no submissions being received. The proposal has been considered having regard to current and potential future uses of the unused ‘road’. The unused ‘road’ shows no evidence of being used by the public. Accordingly, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. This report seeks Council’s decision to discontinue the unused ‘road’, and to then consider a further report in relation to sale of the resultant land to the owner of 7 Dudley Street, Ivanhoe. RECOMMENDATION That: 1.

Having complied with sections 207A(a) and 223 of the Local Government Act 1989: a. by giving public notice in the “Heidelberg Leader” on 17 November 2015; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 8 February 2015 to be heard at that meeting; and c. by recording that no submissions have been received; Council forms the view that the section of ‘road’ immediately adjacent to the northern boundary of 7 Dudley Street, Ivanhoe (unused ‘road’) is no longer reasonably required as a ‘road’ for public use for the following reasons:  The unused ‘road’ does not portray the physical characteristics of a ‘road’;  The proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the ‘road’;  The Service Authority assets will be protected;  The proposal does not involve the destruction or removal of native vegetation;

Ordinary Meeting of Council - 8 February 2016

Page 74

6.6

Performance - Use Our Resources Wisely

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS cont’d 

The discontinuance of the ‘road’ will not affect physical access.

The unused ‘road’ be discontinued and the resultant land sold to the property owner of 7 Dudley Street, Ivanhoe.

The discontinuance of the unused ‘road’ and sale of the resultant land will not affect any right, power or interest held by Yarra Valley Water Ltd in the ‘road’ in connection with drains or pipes under the control of Yarra Valley Water Ltd in or near the unused ‘road’.

Council’s resolution be published in the Victoria Government Gazette.

Council consider a further report in relation to the sale of the resultant land to the owner of 7 Dudley Street, Ivanhoe.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter. Section 20 provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because the power to discontinue a ‘road’ is conferred on Council pursuant to Section 206 and Clause 3 of Schedule 10 of the Act. Any person who considers that they have been deprived of their rights may make a submission in accordance with Section 223 of the Act with respect of a proposal to discontinue a ‘road’. BACKGROUND Shown on the Locality Plan in Figure 1, the unused ‘road’, which is known as RW053 in Council’s Road Register, is wholly enclosed within the fence line of 7 Dudley Street, Ivanhoe.

Ordinary Meeting of Council - 8 February 2016

Page 75

6.6

Performance - Use Our Resources Wisely

6.6

Performance - Use Our Resources Wisely

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS cont’d The unused ‘road’ remains as road on LP 4513 and is contained in certificate of title volume 11413 folio 323, having an area of 194m2.

Figure 1: Locality Plan

The unused ‘road’ provides vehicle access to the 7 Dudley Street property. A garage has been constructed over the unused ‘road’ which contains Yarra Valley Water assets. The owner of 7 Dudley Street has sought to obtain a retrospective permit from Yarra Valley Water to “build over easement”. Yarra Valley Water has subsequently consented to the proposed discontinuance and sale of the unused ‘road’. The proposal has been considered having regard to current and potential future uses. It is considered that the unused ‘road’ is no longer required as a ‘road’ for public use because:     

The unused ‘road’ does not portray the physical characteristics of a ‘road’; The proposal will not impact on the movement of pedestrians or vehicles within the vicinity of the ‘road’; The Service Authority assets will be protected; The proposal does not involve the destruction or removal of native vegetation; The discontinuance of the ‘road’ will not affect physical access.

The owner of 7 Dudley Street has been made aware that no formal offer to sell the resultant land can be made until the necessary statutory procedures have been successfully completed and that Council formally resolves to proceed with the proposal. POLICY IMPLICATIONS The proposal has been considered, having regard to the aims and objectives of the Rights of Way Policy and Strategy, adopted by Council on 2 June 2014.

Ordinary Meeting of Council - 8 February 2016

Page 76

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS cont’d Service Authorities and Council officers have commented on aspects that relate to this proposal and the relevant matters of Council’s policy regarding the discontinuance of ‘roads’. TECHNICAL CONSIDERATION ENGINEERING CONSIDERATIONS Council’s engineers advise that there are no drainage assets contained within the unused ‘road’. SERVICE AUTHORITY CONSIDERATIONS Consultation with the relevant service authorities reveals that there are assets contained within, and surrounding the unused ‘road’, namely: 

Yarra Valley Water - 225mm diameter sewer, approximately 2.0mts offset from the northern boundary.

EASEMENT RIGHTS Yarra Valley Water Limited Easement rights must be saved in favour of Yarra Valley Water over the unused ‘road’ shown shaded red on the plan in Figure 2 for sewerage purposes.

Figure 2: Proposed Easement

PLANNING CONSIDERATIONS The Banyule Planning Scheme governs the use and development within the municipality and Banyule City Council is the responsible authority administering the scheme. Under the Planning Scheme, the unused ‘road’ is included in the General Residential Zone - Schedule 2 (GRZ2).

Ordinary Meeting of Council - 8 February 2016

Page 77

6.6

Performance - Use Our Resources Wisely

6.6

Performance - Use Our Resources Wisely

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS cont’d The unused ‘road’ is also affected by Special Building Overlay (SBO) and Vegetation Protection Overlay – Schedule 5 (VPO5) controls. Banyule’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme includes the area within its Garden Suburban (GS3) Precinct. ASSET MANAGEMENT The unused ‘road’ is currently listed in Council’s Road Register as ‘occupied’. It has been enclosed within the fence line of 7 Dudley Street, Ivanhoe, for some years. It is considered no longer required as ‘road’ for public use and should be removed from Council’s Road Register. LEGAL CONSIDERATION STATUTORY PROCEDURES The power to discontinue or remove ‘road’ status and sell the resultant land is conferred on Council pursuant to Section 206 and Schedule 10 Clause 3 of the Act. Public notice of Council’s intention to discontinue the ‘road’ an sell the resultant land was given in the “Heidelberg Leader” on 17 November 2015, with submissions on the proposal invited in accordance with section 223 of the Act. The submission period closed on 15 December 2015, with no submissions being received. On publication of Council’s resolution to discontinue a ‘road’ in the Victoria Government Gazette, the ‘road’ status is removed and the title to resultant land then vests in Council. CURRENT SITUATION This report seeks Council’s decision to discontinue the unused ‘road’, and to then consider a further report in relation to sale of the resultant land to the owner of 7 Dudley Street, Ivanhoe. The giving of public notice does not compel Council to discontinue or sell the resultant land. Council is merely complying with its statutory obligations under the Act, which are to give public notice and to hear and consider written submissions on such a proposal, before making a decision at a future meeting of the Council. Having given public notice, and to proceed with the proposal, Council must now be able to form the view that the unused ‘road’ is no longer reasonably required for public use. A further report will be presented to Council in relation to the sale of the resultant land to the owner of 7 Dudley Street, Ivanhoe. CONCLUSION From referral responses received, and the absence of formal submissions, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use.

Ordinary Meeting of Council - 8 February 2016

Page 78

7 DUDLEY STREET, IVANHOE - PROPOSED DISCONTINUANCE OF RW053 AND SALE OF LAND - HEARING OF SUBMISSIONS cont’d Accordingly, the proposal to discontinue the unused ‘road’ and sell the resultant land to the owner of 7 Dudley Street, Ivanhoe, should be supported. ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 79

6.6

Performance - Use Our Resources Wisely

6.7

7 FLINTOFF STREET, GREENSBOROUGH PROPOSED LEASE OF CAR PARKING SPACES

Author:

Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Bakewell

File:

F2014/1320

6.7

Performance - Use Our Resources Wisely

Previous Items Council on 9 November 2015 (Item 6.6 - 7 Flintoff Street Greensborough - Proposed lease of car parking spaces) EXECUTIVE SUMMARY Council owns the multi deck car park in Greensborough located at 7 Flintoff Street, Greensborough (multi deck car park). The proposal, which is to enter into a 30 year lease with options for two further terms of ten (10) years each over part of the multi deck car park, triggered the need to give public notice under section 190 of the Local Government Act 1989 (Act). Public notice was given in the “Diamond Valley Leader” on 17 November 2015, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00pm on 16 December 2015 with no submissions being received. This report seeks Council’s decision on the granting of a 30 year lease with options for two further terms of ten years for the exclusive use of 30 car parking spaces in the basement level and a licence of 36 unallocated car parking spaces within other levels of the multi deck car park to Australian Unity Investment Management Administration Pty Ltd for $66,000 per annum with 3% increments. RECOMMENDATION That: 1.

Having complied with sections 190 and 223 of the Local Government Act 1989: a. b.

by giving public notice in the Diamond Valley Leader on 17 November 2015; by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 8 February 2016 to be heard at that meeting; and by recording that no submissions have been received;

Council grants to Australian Unity Investment Management Administration Pty Ltd a lease of 30 exclusive use car parking spaces in the basement level and a licence of 36 unallocated car parking spaces within other levels of the Councilowned multi deck car park located at 7 Flintoff Street, Greensborough, for the term of 30 years with options for two further terms of ten years for $66,000 per annum with 3% increments.

Ordinary Meeting of Council - 8 February 2016

Page 80

7 FLINTOFF STREET, GREENSBOROUGH - PROPOSED LEASE OF CAR PARKING SPACES cont’d 2.

the necessary documentation to effect the lease be signed and sealed at the appropriate time.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter, in particular, Section 20 which provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues. Any person who considers they have been deprived of their rights may make a submission in accordance with Section 223 of the Act with respect to a proposal to grant a lease. CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. BACKGROUND Council owns the multi deck car park located at 7 Flintoff Street, Greensborough (multi deck car park), identified in the plan in Figure 1. The multi deck car park, which was constructed by the former Diamond Valley Council in about 1994, originally comprised four levels. The capacity of the multi deck car park has since been increased by an additional level being constructed at the Greensborough Walk level adjacent to WaterMarc, which is located at 1 Flintoff Street. The multi deck car park currently contains 306 car parking spaces. The whole of the basement level was, until recently, secured parking assigned exclusively to the previous tenants of the Council-owned building at 9-13 Flintoff Street.

Ordinary Meeting of Council - 8 February 2016

Page 81

6.7

Performance - Use Our Resources Wisely

6.7

Performance - Use Our Resources Wisely

7 FLINTOFF STREET, GREENSBOROUGH - PROPOSED LEASE OF CAR PARKING SPACES cont’d The proposal is to grant:  

a lease of 30 exclusive use car parking spaces in the basement level of the multi deck car park; and a licence of 36 unallocated car parking spaces within other levels of the multi deck car park;

to the purchaser of 9-13 Flintoff Street, Australian Unity Investment Management Administration Pty Ltd.

Figure 1: Locality Plan

LEGAL CONSIDERATION Public notice of the proposal was given in the “Diamond Valley Leader” on 17 November 2015, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00 pm on 16 December 2015, with no submissions being received. CURRENT SITUATION The giving of public notice does not obligate Council to approve the proposal to grant the lease. It is merely an invitation to the public to make a submission in respect to the proposal. No submissions to the proposal were received. Therefore the purpose of this report is for Council to decide whether or not to grant the lease. FINANCIAL CONSIDERATIONS In considering whether or not to grant the lease Council should consider the financial implications of the proposal, namely that the proposed lease provides for an annual rent of $66,000 per annum plus GST. Also, the term of the proposed lease is for 30 years with 3% annual increments.

Ordinary Meeting of Council - 8 February 2016

Page 82

7 FLINTOFF STREET, GREENSBOROUGH - PROPOSED LEASE OF CAR PARKING SPACES contâ&#x20AC;&#x2122;d This proposal provides an income stream for Council from a previously non income producing asset. CONCLUSION In light of the above, the proposal, to grant a 30 year lease, with two further terms of 10 years each, for 30 exclusive use car parking spaces in the basement level and a licence of 36 unallocated car parking spaces within other levels of the multi deck car park to Australian Unity Investment Management Administration Pty Ltd for $66,000 per annum with 3% increments, should be supported.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 83

6.7

Performance - Use Our Resources Wisely

7.1

Sealing of Documents

7.1

SEALING OF DOCUMENTS

Authors:

Andrea Turville - Property Officer, City Development & Jeanette Kringle - Property Co-ordinator, City Development

Ward:

Griffin

File:

F2013/966 & F2014/665

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

Deed of Renewal and Variation of Lease between Banyule City Council and HCoA Operations (Australia) Pty Ltd for the Council-owned building at 208 Burgundy Street, Heidelberg for the term of two (2) years commencing 10 February 2016.

Transfer of Land to register in Council’s name the title to the splay corner, being R1 on PS746019S, to rectify the encroachment of Council infrastructure on the title to 292 Lower Heidelberg Road, Ivanhoe East.

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

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

Banyule City Council and HCoA Operations (Australia) Pty Ltd (“HCoA”) Andrea Turville F2013/966 Deed of Renewal and Variation of Lease 208 Burgundy Street, Heidelberg Griffin Council is the owner of the former infant welfare centre building situated at 208 Burgundy Street, Heidelberg, which is currently leased to HCoA Operations (Australia) Pty Ltd trading as Warringal Private Hospital. Council originally granted a two (2) year lease which commenced on 10 February 2014 with five (5) further options of two (2) years. HCoA has exercised its option for a further two (2) years commencing 10 February 2016. A Deed of Renewal and Variation of lease has been prepared with the commencing rent of $64,896.00 per annum plus GST, reviewed annually by 4%. Ratification of the proposal to renew and vary the lease is required by Council resolving to affix Council’s Common Seal to the Deed of Renewal and Variation of Lease.

PARTY\PARTIES: .OFFICER: FILE NUMBER: DOCUMENT:

Banyule City Council and Ellen Melaleuca Menkhorst Jeanette Kringle F2014/665 Transfer of Land

Ordinary Meeting of Council - 8 February 2016

Page 85

7.1

Sealing of Documents

SEALING OF DOCUMENTS cont’d ADDRESS: WARD: BRIEF EXPLANATION:

Splay corner – 292 Lower Heidelberg Road, Ivanhoe East Griffin At its Ordinary Meeting of 5 October 2015 (CO2015/344) Council considered a report on a proposal to rectify the title to 292 Lower Heidelberg Road, Ivanhoe East. The title rectification is an administrative process required to remedy an encroachment of Council infrastructure, namely part of the road surface and footpath, constructed on the title to that property. The process to excise the splay corner has been completed save that the transfer of land documentation, to register in Council’s name the title for the splay corner, being R1 on PS746019S, requires execution and the affixing of Council’s Common Seal.

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 86

8.1

NEW PEDESTRIAN CROSSING - HEIDELBERG ROAD, IVANHOE, NEAR THE BOULEVARD

Author:

Cr Jenny Mulholland

Ward:

Griffin

File:

F2015/57

TAKE NOTICE that it is my intention to move:

“That Council write to VicRoads and the State Government requesting the installation of a new pedestrian crossing on Heidelberg Road, Ivanhoe, near The Boulevard.” Explanation Heidelberg Road, Ivanhoe, is an extremely busy road with very few formal pedestrian crossing facilities. With the increased development on the west side of Heidelberg Road, there are few opportunities for residents to access the recreational facilities along Darebin Creek. The main and only entrance to Darebin Creek Trail is on the eastern side of Heidelberg Road at The Boulevard. Heidelberg Road is a declared Main Road under the control and maintenance of VicRoads. To assist residents accessing the Darebin Creek Trail, it is proposed that Council write to VicRoads and the State Government requesting the installation of a new formalised pedestrian crossing on Heidelberg Road, Ivanhoe, near The Boulevard.

CR JENNY MULHOLLAND Griffin Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 87

8.1

Notice of Motion

8.2

STATUS OF CLOSURE OF MYRTLE STREET, LINDEN AVENUE AND FORSTER STREET, HEIDELBERG HEIGHTS

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2016/47

TAKE NOTICE that it is my intention to move:

â&#x20AC;&#x153;That Council: 1.

Notes that the proposed development at 37-63 Bell Street and 45 Linden Avenue, Heidelberg Heights, may have an impact on traffic in the area.

Receives a report on whether the closure of Myrtle Street, Linden Avenue and Forster Street, Heidelberg Heights, were formally gazetted as permanent road closures and what would need to happen to make them permanent closures.â&#x20AC;?

Explanation The proposed mixed use development at 37-63 Bell Street and 45 Linden Avenue, Heidelberg Heights, includes a medical centre, a 151 bed aged care facility, 89 independent living units, 224 apartment dwellings, a 90 place child care centre, a 156 room residential hotel, a 100 seat bistro and a gymnasium. Five levels of basement car parking are proposed to accommodate 542 car parking spaces. Traffic generated by the development may have an impact on the surrounding streets with accesses proposed onto Myrtle Street and Linden Avenue. While approvals have been granted for access to the north of road closures from a planning perspective, there is still an opportunity for future appeals. The existing closures of Myrtle Street, Linden Avenue and Forster Street were implemented as part of the Bell-Banksia link construction around 1991. It is unclear whether they were approved as permanent closures with appropriate gazettal. If they were not gazetted, what would need to occur to make them permanent?

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 88

8.2

Notice of Motion

8.3

PROPOSED CLOSURE OF COMMONWEALTH BANK - HEIDELBERG WEST

Author:

Cr Craig Langdon

File:

TAKE NOTICE that it is my intention to move:

“That: 1.

Council advocate on behalf of the Heidelberg West community for a continued bank presence at The Bell Street Mall.

A letter be written to the Commonwealth Bank of Australia Chief Executive Officer seeking reconsideration of its decision to close the Heidelberg West branch.

In the event the branch closes, Council work with The Bell Street Mall Traders Association to attract another financial institution to establish a presence within the shopping centre.”

Explanation Council was recently notified of the Commonwealth Bank of Australia’s decision to close its Heidelberg West branch by The Bell Street Mall Traders’ Association. After providing a valuable service to the community over a number of years, the branch is scheduled to close in March 2016. Closure of the branch will result in a reduction of services available to the local community. This includes personal and business banking, foreign exchange services and financial planning. Closure of the branch will have far reaching impacts for local residents that are reliant on over the counter services and local businesses utilising the bank.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 89

8.3

Notice of Motion

8.4

RECONCILIATION WEEK 2016

Author:

Cr Craig Langdon

File:

F2014/492

8.4

Notice of Motion

TAKE NOTICE that it is my intention to move:

“That: 1.

(a)

Council give greater recognition to our indigenous people during the 2016 Reconciliation Week (May 26th to June 3rd) by honouring three significant events in the history of Aboriginal rights. The events being:



National Sorry Day (May 26th), this marks the day that the "Bringing them Home" Report was tabled in 1997 by the Human Rights and Equal Opportunity Commission which conducted a National Inquiry into the separation of Aboriginal and Torres Strait Island children from their families;



May 27th which commemorates the day in 1967 that the National Referendum, recognising Aboriginal and Torres Strait Islander people in the census, was passed by over 90% of the vote; and



Mabo Day (June 3rd), this marks the day the High Court of Australia handed down its decision which recognised the existence in Australia of Native Title Rights in 1992.

(b)

The recognition be in the way of plaques:



One to be laid at the Ivanhoe Service Centre on a significant rock in the lawn between the two main entrances on 26 May 2016; with the flag raising ceremony for Sorry Day to be held at Ivanhoe on the same day which will include a smoking ceremony and morning tea at Hatch followed by a film screening



One at the Greensborough Walk on 27 May 2016; and



One on a significant rock at the Spiritual Walk between Babarrbunin Beek and the Darebin Creek on 3 June 2016.

The Plaques recognise all three significant events and the current Councillors.

The Wurundjeri Elders and Land Council as well as Aboriginal and Torres Strait Advisory Committee, Recognition Banyule all be advised of this resolution. Their assistance be sought to commemorate these significant events.

The public be advised and invited to attend each event by placement of an article in the Banyule Banner and the Mayoral Column in the Leader Newspaper.”

Ordinary Meeting of Council - 8 February 2016

Page 90

Notice of Motion

8.4

RECONCILIATION WEEK 2016 cont’d Explanation There have been many significant historic events in the history of recognising the Aboriginal and Torres Strait Islanders in Australia including the National Apology Day on the 13th February 2008 which this Notice of Motion endeavours to reflect as it is being moved at Council on a date as close a possible to it. Council has achieved a lot over the years particularly since the Mayoralty of Cr Peter McKenna in recognising our Indigenous History. Council has a long history of working in partnership with the Wurundjeri Tribe Land Compensation and Cultural Heritage Council, Banyule Community Health, Reconciliation Banyule, Yarra Plenty Library and members of the Banyule Aboriginal and Torres Strait Islander community. Our accomplishments include:    

The 2009 Banyule Statement of Commitment to Indigenous Australians. Establishing the Babarrbunin Beek, the Aboriginal meeting place and planning for the Spiritual Walk Adopting the Aboriginal and Torres Strait Islander Plan in 2014 Establishing the Banyule Aboriginal and Torres Strait Islander Advisory committee in 2015

Every major Council building now has a Wurundjeri plaque. The Aboriginal and Torres Strait Island Flags along with the Australian Flag are now on display at every Council meeting and Citizenship Ceremonies. However Council has no permanent memorial of these significant dates in the history of these significant events at the Town Hall and One Flintoff. This resolution will address this situation and also add to the Spiritual Walk. In 2016 we continue our work with our partners to recognise, acknowledge and support the contribution of our Aboriginal and Torres Strait Islander community. A major highlight for 2016 is the Aboriginal Art exhibition and workshops at Hatch Contemporary Art space. This exhibition, which runs for 6 weeks in the lead up to Reconciliation Week, brings together and celebrates the diversity of Aboriginal and Torres Strait Islander people living or involved in community within Banyule. We hope to show the diversity of art and culture of Australia’s Aboriginal and Torres Strait Islander people, communicate the meaning of the different art forms from different countries, tell the stories of each country and perhaps tell the stories of each artist and their journey to this country.

CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 8 February 2016

Page 91

ATTACHMENTS

2.1

Fernside Avenue, Briar Hill - Children's Crossing Supervisor Attachment 1

4.2

Traffic around Loyola College, Watsonia Attachment 1 Attachment 2 Attachment 3

4.3

Section 173 Agreement ................................................................. 163 Application Supporting Documents ................................................ 174 Plan ............................................................................................... 177

Proposed Amendment of Planning Permit P589/2005 to include 'Packaged Liquor Licence' at 85-87 Silverdale Road, Eaglemont Attachment 1 Attachment 2

6.5

Flood Management Strategy - Port Phillip and Western Port ......... 104

Erection of boundary fencing at 4 Radio Drive, Viewbank Attachment 1 Attachment 2 Attachment 3

4.5

Consultation letter for parking restrictions on Loyola Court, Watsonia ......................................................................................... 95 Consultation letter for parking restrictions on Regis Court, Watsonia ......................................................................................... 98 Consultation letter for access modifications into Bungay Street and High Street, Watsonia .................................................. 101

Port Phillip and Westernport Regional Flood Management Strategy Attachment 1

4.4

Email from VicRoads' Community Road Safety Advisory Unit ......... 94

Attachment 1 - Planning Controls .................................................. 179 Attachment 2 - Detailed Technical Consideration .......................... 181

Items for Noting Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5

Banyule Disability & Inclusion Advisory Committee Minutes 4 November 2015 ............................................................................. 183 Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015......................................... 186 Banyule LGBTI Advisory Committee Minutes 8 December 2015 .............................................................................................. 191 Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015 ........................................................................ 195 Banyule Multicultural Advisory Committee Minutes 14 December 2015 ............................................................................. 200

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 93

Attachment 1: Email from VicRoads' Community Road Safety Advisory Unit

Attachment 1

2.1

Item: 2.1

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 94

4.2

Attachment 1: Consultation letter for parking restrictions on Loyola Court, Watsonia

Attachment 1

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 95

Attachment 1: Consultation letter for parking restrictions on Loyola Court, Watsonia

Attachment 1

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 96

4.2

Attachment 1: Consultation letter for parking restrictions on Loyola Court, Watsonia

Attachment 1

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 97

Attachment 2: Consultation letter for parking restrictions on Regis Court, Watsonia

Attachment 2

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 98

4.2

Attachment 2: Consultation letter for parking restrictions on Regis Court, Watsonia

Attachment 2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 99

Attachment 2: Consultation letter for parking restrictions on Regis Court, Watsonia

Attachment 2

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 100

4.2

Attachment 3: Consultation letter for access modifications into Bungay Street and High Street, Watsonia

Attachment 3

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 101

Attachment 3: Consultation letter for access modifications into Bungay Street and High Street, Watsonia

Attachment 3

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 102

4.2

Attachment 3: Consultation letter for access modifications into Bungay Street and High Street, Watsonia

Attachment 3

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 103

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 104

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 105

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 106

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 107

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 108

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 109

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 110

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 111

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 112

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 113

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 114

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 115

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 116

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 117

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 118

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 119

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 120

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 121

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 122

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 123

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 124

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 125

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 126

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 127

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 128

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 129

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 130

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 131

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 132

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 133

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 134

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 135

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 136

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 137

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 138

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 139

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 140

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 141

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 142

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 143

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 144

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 145

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 146

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 147

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 148

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 149

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 150

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 151

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 152

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 153

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 154

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 155

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 156

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 157

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 158

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 159

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 160

4.3

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 161

Attachment 1: Flood Management Strategy - Port Phillip and Western Port

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 162

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 163

Attachment 1

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 164

Attachment 1: Section 173 Agreement

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 165

Attachment 1

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 166

Attachment 1: Section 173 Agreement

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 167

Attachment 1

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 168

Attachment 1: Section 173 Agreement

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 169

Attachment 1

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 170

Attachment 1: Section 173 Agreement

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 171

Attachment 1

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 172

Attachment 1: Section 173 Agreement

4.4

Attachment 1: Section 173 Agreement

Attachment 1

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 173

Attachment 2: Application Supporting Documents

Attachment 2

4.4

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 174

4.4

Attachment 2: Application Supporting Documents

Attachment 2

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 175

4.4

Attachment 3: Plan

Attachment 3

Item: 4.4

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 177

4.5

Attachment 1: Attachment 1 - Planning Controls

Attachment 1

Item: 4.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 179

Attachment 1: Attachment 1 - Planning Controls

Attachment 1

4.5

Item: 4.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 180

4.5

Attachment 2: Attachment 2 - Detailed Technical Consideration

Attachment 2

Item: 4.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 181

Attachment 2: Attachment 2 - Detailed Technical Consideration

Attachment 2

4.5

Item: 4.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 182

6.5

Attachment 1: Banyule Disability & Inclusion Advisory Committee Minutes 4 November 2015

Attachment 1

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 183

Attachment 1: Banyule Disability & Inclusion Advisory Committee Minutes 4 November 2015

Attachment 1

6.5

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 184

6.5

Attachment 1: Banyule Disability & Inclusion Advisory Committee Minutes 4 November 2015

Attachment 1

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 185

Attachment 2: Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

Attachment 2

6.5

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 186

6.5

Attachment 2: Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

Attachment 2

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 187

Attachment 2: Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

Attachment 2

6.5

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 188

6.5

Attachment 2: Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

Attachment 2

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 189

Attachment 2: Banyule Aboriginal & Torres Strait Islander Advisory Committee Minutes 19 November 2015

Attachment 2

6.5

Item: 6.5

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 190

Attachment 3: Banyule LGBTI Advisory Committee Minutes 8 December 2015

6.5

Item: 6.5

Minutes 8 December 2015, 5.30pm-6.30pm LGBTI Advisory Committee Tom Roberts Room – Ivanhoe Town Hall

Attendees: Cr Jenny Mulholland (Chair – left at 6pm), Cr Craig Langdon (left at 5.45pm), Rachel Jovic, Karen Joy Mccoll, Karen Bain, Jane Grace, Meaghan Holden, India Mortlock, Theonie Tacticos, Angela Brophy Apologies: Vita Catalano, Rhett Mcphie, Samantha Soggee, Nicole Coad, Sharelle Rowe, Paul Wiseman, Allison Beckwith Welcome and Introductions Councillor Mulholland formally opened the meeting and welcomed Committee members and noted the apologies. 2. Minutes The minutes of the previous meeting were emailed on 18 October 2015, adopted on 20 August 2015 and posted on the website as per the terms of reference. The minutes were noted by Council on 9 November 2015. There was one recommendation; that Council consider extending the term of the LGBTI Advisory Committee until September 2015 (see item 3.2). 3. Business Arising 3.1

Replies Received from MPs regarding Council support for Marriage Equality

Cr Mulholland updated the committee that additional replies had been received from MPs. Three additional replies were received from: - Mark Dreyfus (Labor) – supportive of marriage equality -

Anthony Albanese (Labor) - supportive of marriage equality

Shayne Neumann (Labor) – noting the receipt of the letter

Eighteen responses were received previously so 21 responses were received in total 3.2

Extension of the term of the Committee

Cr Mulholland updated the Committee that at the Council meeting on 9 November, Council resolved to extend the term of the LGBTI Advisory Committee until September 2016. This will allow the Committee to sign off on the Achievements Report of the LGBTI Plan for 2015/16. The meeting dates are: - 16 February 2016 ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 191

Attachment 3

1. Attendances & Apologies

6.5

Item: 6.5

3.3

Attachment 3: Banyule LGBTI Advisory Committee Minutes 8 December 2015

12 April 2016

21 June 2016

16 August 2016 – this will be the final meeting for the term of the Committee

Update on the playgroup for same sex parented families

Attachment 3

A council officer updated the Committee that the same sex parents playgroup is no longer meeting. The playgroup was changed to Saturday mornings and the facilitator ran two sessions but no one attended. There was positive feedback but difficulty in finding a time when everyone could attend.

4. New Business 4.1

Update on Rainbow Tick accreditation for the Home and Community Care (HaCC) Program

A council officer from the Home and Community Care team updated the Committee on Council’s progress towards achieving rainbow tick accreditation. Rainbow tick accreditation requires that Council meet six service standards. One of the standards is around consumer consultation. The HaCC team has advertised in the HaCC chat newsletter asking LGBTI consumers of their service to provide feedback on whether the service is inclusive. Another standard is around access and intake processes. The Council officer asked the committee’s advice on a draft intake script that had been prepared which aimed to ensure that LGBTI consumers would feel safe to disclose. The committee suggested some small changes to the script to add a non-discrimination statement.

4.2 Midsumma Carnival and Pride March A council officer updated the committee on plans for Midsumma and Pride March. Council is hosting a stall at the Midsumma Carnival on 17 January in partnership with Darebin and Moreland councils. Council will ask several engagement questions around: - how employers can make LGBTI employees feel safe and included -

how businesses can make LGBTI customers feel safe and welcome

how Councils can show support and celebrate the LGBTI community.

Council will also host a screening of Gayby Baby on Thursday 28 January at Hatch Gallery Council will participate in Pride March on 31 January. Committee members were encouraged to march with Council staff, Councillors and community members. 4.3 Update on IDAHOT event A council officer updated the committee about the progress on plans for IDAHOT. Council will host the flag raising in the morning on 17 May. Montmorency traders association, in ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 192

Attachment 3: Banyule LGBTI Advisory Committee Minutes 8 December 2015

partnership with Council, will host the IDAHOT evening event on 17 May. A working group has been established to organise the event and is currently enquiring about musicians and comedians. Montmorency Traders Association will also run a photography competition about gender and identity and display some of the photos at the event.

6.5

Item: 6.5

A representative from Victoria police spoke about the GLLO program. The program was established in 2000 in response to a number of bashings in Prahran. Each police division has 2-3 GLLOs, who have undertaken extensive training in working with LGBTI community. The role of a GLLO is to be a trusted, first point of contact for the LGBTI community. 4.5 Setting the agenda for the meeting with Rowena Allen A council officer updated the committee that Rowena Allen, Victoriaâ&#x20AC;&#x2122;s first Gender and Sexuality Discrimination Commissioner, will attend Councilâ&#x20AC;&#x2122;s next LGBTI Advisory committee meeting on 16 February. The committee agreed that it will meet for 30 minutes before (or after) the meeting with the Commissioner to talk about other business.

Action: Extend the 16 February meeting by 30 minutes Responsibility: All

5. Other Business There was no other business 6. Thank you and next meeting The next meeting will be on Tuesday 16 February (start time to be confirmed).

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 193

Attachment 3

4.4 Presentation on Victoria Police Gay and Lesbian Liaison Officers (GLLO)

Attachment 3

6.5

Item: 6.5

Attachment 3: Banyule LGBTI Advisory Committee Minutes 8 December 2015

Action Progress sheet – LGBTI Advisory Committee – 8 December 2015 Item:

Action Required:

Letters to MPs regarding Council’s support for marriage equality Extension of Committee

Table any additional responses Council received at the next LGBTI Officers Committee meeting

Completed

Council to consider extending Councillors the term of the Committee by 6 months until September 2016.

Completed

Meeting time

Extend the 16 February meeting by 30 minutes

In progress

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 194

Responsibility:

All

Status:

Attachment 4: Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015

Banyule Age-friendly City Advisory Committee

6.5

Item: 6.5

Present Cr Jenny Mulholland, Banyule City Council (Chair) Cr Craig Langdon (not in attendance for all items) Giovanna Savini, Banyule City Council Virginia Masters, Resident Glen Reigo, Resident Judy Elsworth, Resident Eric Rosario, Resident Jenny Dale, Resident Ken Young, OM:NI Menâ&#x20AC;&#x2122;s Group Robert Barron, COTA Vic Elaine Anderson, Watsonia Probus Catherine Simcox, Banyule City Council Apologies Lisa Raywood, Banyule City Council (Chair) Leanne Horvath, Banyule City Council Jack Kelly, Resident Julie Watson, North East Primary Care Partnership 1. Welcome by Cr Mulholland Giovanna Savini, Manager Youth & Family Services attended the meeting to represent Senior Management in absence of Lisa Raywood. 2. Adoption of October Minutes and noting actions - adopted 2a. Banyuleâ&#x20AC;&#x2122;s Open Space and Playground Strategy Eric Rosario and Jenny Dale are representing older people on the Banyule Open Space Committee. Jenny updated the Committee on the development of the strategy. 2b. Online accessibility and the Banyule Best Biz Awards Older people and online accessibility will be explored in 2016. Initial conversations have commenced with Youth Services around the sharing of skills to support each other. The Committee raised the importance of a transition period for older people in accepting modern communication techniques. The outcomes of the 2015 Banyule Best Biz Award will be presented to Council on 14 December. The Committee raised the need for paper entry forms to be made available. In future, a reply paid entry card could be made available at the shops for older people to complete. The importance of local shopping strips for the wellbeing and social connections of local older people was raised. The Committee felt the awards were important to recognise local businesses that are doing a great job. The Committee would like to work with Council on the establishment of an Age-friendly Banyule business category.

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 195

Attachment 4

Meeting Date: Friday 11th December 2015 Location: Tom Roberts Room, Banyule City Council

Attachment 4

6.5

Item: 6.5

Attachment 4: Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015

ACTION  Cr Mulholland to table at Council, the Advisory Committees comments on alternative voting methods for the Banyule Best Biz Awards.  In 2016 conduct conversation with Youth Advisory Committee members on online accessibility and communication techniques. Also discuss sharing of skills opportunities. 3. World Report on Ageing and Health  Banyule City Council initiated a state forum for local governments to learn and discuss the implications of the World Report on Ageing and Health. The forum was conducted on 18 November at the MAV. Thank you to Jenny Dale for assisting Catherine Simcox in running the event.  Presentation on the WHO report. The report is focusing on the capacity of a person (not solely on their age). http://www.who.int/entity/ageing/events/world-report-2015-launch/ageing-andhealth-report.ppt?ua=1 4. MAV New Futures Project New Future: Clubs for older adults. Having healthy Clubs is essential for improving the quality of life of Banyule older residents. Council is undertaking a research project and developing a tool to support Banyule Clubs which focus on older adults. During October, 18 Champions conducted street surveys at nine Banyule shopping strips, with a total of 134 surveys conducted. The results from the survey where presented. A futuristic workshop was conducted in November with the members of the Banyule Seniors Network. The results from the survey and the workshop will be combined with other data to help identify some common items for enhancing Clubs for older people. The Committee contributed a number of further ideas for consideration. Topics included use of technology, functional abilities, longer employment, ‘the willing few’, second generation migrants. 5. Banyule Age-friendly City planning Why do a strategic plan?  It builds a framework for taking action designed to achieve a long-term aim.  A strategic plan can guide an intersectoral response, and ensure coordination that spans multiple sectors and levels of government. Policy context:  WHO Global Network of Age-friendly Cities  National Living Longer Living Better age care reform  Victorian Health Plan – older people priority (hints that there will be a State Agefriendly City Plan)  Strong links to Council Plan and broad spectrum of Councils core business and enables cross-council efforts.  22% of Banyule population are over 60 years.

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 196

Attachment 4: Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015

Proposed direction for Banyule City Council: Position statement to be presented to Council by mid 2016

6.5

Item: 6.5

Strategic Plan 2017 – 2021 to be presented to Council by early 2017. It will contain the goals and objectives and annual action plan.

6. Banyule Age-friendly City Champion Program 6a. Health in the Heat The Champions are assisting in distributing brochures on health in extreme heat. In Banyule, heat is the biggest cause of unnecessary death in times of emergency. The Council has access to many frail older residents, where our Champions are able to reach many other older residents – neighbours, friends, Club members etc. ACTION Advisory members to assist in distributing the brochure to older residents.

6b. Arty-farty Festival This kids festival is full of activities and experiences, Sunday 20th March. Agefriendly Banyule has a space at the festival to host an activity. Our focus will be on breaking down intergenerational barriers and letting kids have some fun with the past. ACTION Workgroup involving Champions and Council staff to be established. Virginia Masters, Judith Elsworth and Ken Young will represent the Advisory on the working group. 6c. Shop 48, the Mall – Photographic exhibition During the month of March 2016, Age-friendly Banyule has access to the shop in the Mall, Heidelberg West. It is a great space to host a photographic exhibition of Agefriendly Banyule and hold a variety of other activities. The dates are Tuesday 22 March – Thursday 31 March 2016.

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 197

Attachment 4

Committee agreed on the proposed direction and agreed that this is the priority for Advisory meetings during 2016.

6.5

Item: 6.5

Attachment 4: Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015

ACTION Workgroup involving Champions and Council staff to be established. Jenny Dale, Elaine Anderson, Glen Reigo and Ken Young will represent the Advisory on the working group.

Attachment 4

6d. February first birthday celebration Wednesday 17th February is the date of the celebration of the first birthday of the Champions and to workshop future ideas on the development of the Champion program. Advisory Committee expressed interest in assisting in the development of the content. ACTION Conduct meeting about the event content. Jenny Dale, Elaine Anderson, Glen Reigo and Virginia Masters to be invited to discuss content.

7. Seniors Festival event The Banyule City Council Seniors Festival Morning Tea has grown from an attendance of 40 people in 2010 to this year where we had 390 people attend in the Great Hall. Popularity of the event has been growing with most people wishing to attend each year. Advisory Committee read over a confidential summary on the ticketing, timing and ongoing issues for consideration about future events. A range of ideas where discussed on how to increase the opportunity for a greater range of Banyule older residents to attend. The Advisory Committee agreed that the purpose of the Seniors Festival is  To celebrate ageing.  For older Banyule residents to have fun.  For Banyule older residents to try something that they would not normally do.  To have older people get involved in their local community.  For local Clubs to build their memberships. ACTION At the February meeting, present options to the Advisory Committee on the 2016 Banyule Seniors festival and the Seniors festival morning tea.

8. Meeting dates for 2016 The Advisory Committee would like to continue to meeting on the second Friday of the month. It was raised that due to the high number of items the committee would like to contribute too, the meetings go monthly while developing the position

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 198

Attachment 4: Banyule Aged Friendly Cities Advisory Committee Minutes 11 December 2015

statement. A trail on monthly meetings will be conducted for February, March and April.

6.5

Item: 6.5

9. Other business Meeting ran over time, all other items were deferred to 2016 agenda.

2016 Meeting dates All meetings will be from 10am â&#x20AC;&#x201C; midday Tom Roberts Room, Ivanhoe Council building 275 Upper Heidelberg Rd, Ivanhoe Friday 12 February 2016 Friday 11 March 2016 Friday 15 April 2016 Friday 10 June 2016 Friday 12 August 2016 Friday 14 October 2016 (Councillor caretaker period) Friday 9 December 2016

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 199

Attachment 4

Next Meeting: Friday 12 February 2016, 10:00 â&#x20AC;&#x201C; midday

6.5

Item: 6.5

Attachment 5: Banyule Multicultural Advisory Committee Minutes 14 December 2015

Banyule Multicultural Advisory Committee (BMAC): Minutes from committee meeting 14/12/15 Council Chambers â&#x20AC;&#x201C; Ivanhoe Town Hall

Attachment 5

1. Attendances & Apologies Attendees: Cr Mark Di Pasquale, Cr Craig Langdon (until 5pm), Cr Steven Briffa (until 5pm), Cr Tom Melican (until 5pm), Hussein Haraco, Uma Vijay, Albert Fatileh, Rosemary Crosthwaite, Ryoko Williams, Gillian Hirst, India Mortlock, Allison Beckwith, Shawn Neilsen, Theonie Tacticos Apologies: Jane Grace, George Giuliani, Simeon Yang, Beverley Moss, Abdirizak Mohamed, Essan Dilleri, Maxine Matthews 2. Welcome and Minutes of previous meeting Cr Di Pasquale formally opened the meeting and the apologies were noted. The minutes of the previous meeting were adopted on 23/10/15, noted by Council on 9/11/15, and posted on the website. 3. Business Arising 3.1 Bus Tour for New Arrivals in Banyule Three members of the committee and a council officer are working together on how the bus tour might work. Two committee members provided an update on the progress of the project. They have identified that the tour would target all migrants to Banyule, as well as asylum seekers living in the community on bridging visas. In 2014/15 approximately 420 migrants arrived in Banyule. The biggest challenge will be reaching new migrants. It was proposed that the first tour be run for service providers as this would raise their awareness of the tours, which they could then promote to their clients. The committee agreed with the idea of doing the pilot tour with service providers and that this will be funded through the Multicultural Plan budget. The working group will look at data showing where new migrants move to within Banyule and use this information to identify which services and facilities should be included in the tour. The group will report back on the progress of this project to the next meeting. Action: Plan the pilot bus tour for service providers Responsibility: Working group comprising committee members and council officer

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 200

Attachment 5: Banyule Multicultural Advisory Committee Minutes 14 December 2015

3.2 Update - Women’s Only Friday Night Swimming

6.5

Item: 6.5

A council officer provided an update about the Friday night swimming program at Olympic Leisure Centre. At the previous meeting, a representative from Banyule Leisure Centres presented to the Committee about the challenge of ensuring pool safety at the Women’s Only Friday Night Swimming.

Running a water safety session for kids on 11 December

Over Summer, rostering an additional staff member whose role will be to build relationships with the women attending the pool

From March 2016, targeting members of the Somali community to be trained as lifeguards

3.3 Extension of Multicultural Advisory Committee A Council officer updated the committee that at the Council meeting on 9 November, Council resolved to extend the term of the Multicultural Advisory Committee until September 2016. This will allow the Committee to sign off on the Achievements Report of the Multicultural Plan for 2015/16. The meeting dates are: -

22 February 2016

18 April 2016

27 June 2016

22 August 2016 – this will be the final meeting for the term of the Committee

3.4 Malahang Festival Activity Review A council officer presented about the prayer flag making activity that Council ran at the Malahang Festival. Over 250 flags were made and were sewn together on site at the Festival. Several committee members volunteered on the day. The flags will now be displayed at different council events and can be hired out by community groups or schools for their own events. A short video about the activity was shown. 4. New Business 4.1 Presentation – Council’s advisory committees ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 201

Attachment 5

Since the meeting, Banyule Leisure Centres have now planned to take the following actions:

6.5

Item: 6.5

Attachment 5: Banyule Multicultural Advisory Committee Minutes 14 December 2015

A council officer presented to the committee about some of Council’s other advisory committees: Aboriginal and Torres Strait Islander, Aged Friendly, LGBTI, Disability and Environment.

Attachment 5

4.2 Presentation – Victorian Multicultural Commission Regional Advisory Councils A committee member, who also sits on one of the Regional Advisory Councils (RACs), presented to the committee about the role of the RACs. In 2012, the Victorian Multicultural Commission (VMC) has established eight Regional Advisory Councils across the State. The role of the Regional Advisory Councils is to:  provide advice to the VMC on settlement, multicultural affairs, service delivery and citizenship issues;  advocate on behalf of culturally and linguistically diverse (CALD) communities; and  promote the benefits of cultural and religious diversity at the local level. Banyule is covered by the North and West Metropolitan Regional Advisory Council however Council is not represented on the RAC and has had no interaction. It was discussed that Council should write to the VMC about the best way of establishing links between the RACs and Council. A committee member also discussed that they had met with the VMC about making West Heidelberg a cultural precinct. The Committee will invite the centre manager for the Mall in West Heidelberg to present at the multicultural advisory committee. Action: Write to the VMC about the best way of establishing links with Council Responsibility: Council officer

Action: Invite the Centre Manager from the Mall to present to the Multicultural Advisory Committee about becoming a cultural precinct Responsibility: Council Officer

4.3 Cultural Diversity Week 2016 A council officer updated the Committee about the planned activities for Cultural Diversity Week in March 2016. Council will run a number of activities including: -

Taste of Harmony in the Bell St Mall in partnership with the Traders Association

Mini grants round for clubs and school groups to visit cultural museums or host an event with a guest speaker or cultural performer

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 202

Attachment 5: Banyule Multicultural Advisory Committee Minutes 14 December 2015

The committee discussed the challenge of engaging new audiences to participate in Cultural Diversity Week events. It was suggested that schools are a great way of capturing new audiences. Council should promote the events to schools and encourage them to include it in their newsletters.

6.5

Item: 6.5

Council officers will also suggest to the arts and culture team that they make the Grand Parade theme in 2017 about cultural diversity. The Grand Parade is usually held on the Sunday in Cultural Diversity Week so this would be a good fit.

Action: Write to schools to: - Encourage them include cultural diversity week activities in their newsletters - Ask them about how cultural diversity week could be incorporated into their curriculum - Find out if they have any activities planned Responsibility: Council Officer

5. Emerging Advocacy Issues A council officer noted that information had been circulate about the Syrian refugee intake. The first refugee family has arrived and significant arrivals are expected by February but processing may take until first quarter 2017. Four thousand are expected to go to Victoria. A council officer also updated that the Commonwealth Parliament passed amendments to the Australian Citizenship Act which will allow for citizenship for dual citizens to be revoked. Council had made a submission in July 2015 advocating that citizenship should not be revoked for dual citizens. Further information was circulated to committee members.

6. Thank you and next meeting Cr Di Pasquale closed the meeting. The next meeting will be held on 22 February 2015.

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 203

Attachment 5

The committee also suggested that Council should support schools to incorporate cultural diversity week into their teaching program. A first step would be to write to schools and ask them about how cultural diversity week could be incorporated into their curriculum. Council could also promote and celebrate the cultural education activities that schools do and in the future consider having an award.

6.5

Item: 6.5

Attachment 5: Banyule Multicultural Advisory Committee Minutes 14 December 2015

Banyule Multicultural Advisory Committee â&#x20AC;&#x201C; Action Progress Sheet â&#x20AC;&#x201C; 14 December 2015 Note: The actions in the Action Progress Sheet have come out of the Committee meetings. They are in addition to the actions being progressed through the Multicultural Plan. Action Required:

Responsibility

Status

Plan the pilot bus tour for service providers

Council Officer

In progress

Engaging with Victorian Multicultural Commission Regional Advisory Councils Cultural Precinct

Write to the VMC about the best way of establishing links with Banyule Council

Council Officer

In progress

Invite the Centre Manager from the Mall to present to the Multicultural Advisory Committee about becoming a cultural precinct

Council Officer

In progress

Engaging with schools around cultural education

Write to schools to: Council Officer - Encourage them include cultural diversity week activities in their newsletters - Find out if they have any activities planned for cultural diversity week in 2016 - Ask them about how cultural diversity week could be incorporated into their curriculum

In progress

Attachment 5

Item: Bus Tour for new arrivals

ORDINARY MEETING OF COUNCIL ON 8 FEBRUARY 2016 Page 204