Banyule City Council Agenda 14 December 2015 by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 14 December 2015 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our meeting is being held on the Traditional Land of the Wurundjeri willam people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, 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 30 November 2015 Disclosure of Interests 1. Petitions 1.1 Additional Patrons in Footpath Trading Area for 'Grape and Hop' in Were Street Montmorency ...................................................................................... 3 1.2 Barclay Park, Greensborough ................................................................................. 6 REPORTS: 2. People – Community Strengthening and Support 2.1 Banyule BestBiz Awards Report ............................................................................ 9 2.2 Women's Particpation - Gender Equality ............................................................... 15 3. Planet – Environmental Sustainability 3.1 Screening and Carparking at Council's Operations Centre in Waterdale Road, Bellfield ..................................................................................... 23 3.2 Sustainability Fund - Priority Statement ................................................................ 29 4. Place – Sustainable Amenity and Built Environment 4.1 Approval of Environmentally Sustainable Development Policy ............................. 35

AGENDA (Contâ&#x20AC;&#x2122;d) 4.2 4.3 4.4 4.5 4.6 4.7

Revisions to the Outdoor Advertising Policy .......................................................... 38 Victorian Cycling Strategy - Submission................................................................ 42 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe .................................. 45 Mixed use development at 9-11 Martin Street & 12 Powlett Street and 230 Burgundy Street HEIDELBERG .............................................................. 61 Multi dwelling development at 33 Airlie Road, Montmorency (P715/2015) .......................................................................................................... 77 North East Link - Quarterly Report ........................................................................ 90

5. Participation â&#x20AC;&#x201C; Community Involvement in Community Life 5.1 Annual Somali Community Festival....................................................................... 93 6. Performance - Use Our Resources Wisely 6.1 Proposed discontinuance and sale of section of RW028 adjacent to the rear of 4/98 Lower Heidelberg Road, Ivanhoe ............................................. 97 6.2 Scouts Association of Australia Victorian Branch - Lease ................................... 103 6.3 Sale of 14A Bannerman Avenue, Greensborough .............................................. 108 6.4 Audit Committee Charter .................................................................................... 114 6.5 Local Goverment Act 1989 Review - Submission................................................ 116 6.6 Assembly of Councillors ...................................................................................... 129 6.7 Award of Contract for Panel of Consultants for Traffic,Transport, Drainage and Civil Works Design Services - Contract 0853-2016 ....................... 134 7. Sealing of Documents 7.1 Sealing of Documents ......................................................................................... 139 8. Notices of Motion 8.1 Malahang Reserve Survey .................................................................................. 145 8.2 Mayoral Duties and Attendance 1 July - 16 November 2015 ............................... 146 8.3 Sound Barriers along Greensborough Highway .................................................. 152 9. General Business 10. Urgent Business Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matters: 11. Confidential Matters 11.1 contractual matters 11.2 contractual matters 11.3 legal advice 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 - 14 December 2015

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1.1

Petitions

ADDITIONAL PATRONS IN FOOTPATH TRADING AREA FOR 'GRAPE AND HOP' IN WERE STREET, MONTMORENCY

Author: Daniel Kollmorgen - Manager Transport, Sustainability and Municipal Laws, City Development Ward:

Hawdon

File:

2015/70

EXECUTIVE SUMMARY A petition with 94 signatures has been received seeking a review of the number of patrons able to use the footpath trading area outside of the ‘Grape and Hop’ bar in Were Street, Montmorency. A footpath trading permit has been issued to the premises allowing 12 patrons to occupy the area. It is considered appropriate to review the circumstances surrounding the site and assess whether any adjustments to existing permits are acceptable. The petition prayer is as follows: “We, the undersigned, demand that Council reconsider the restriction on the number of people allowed to stand within the confines of the licenced outdoor area of the “Grape and Hop” bar in Were Street. We find this restriction limits our enjoyment of the amenity that this venue provides us.” RECOMMENDATION That Council: 1.

Receives and notes the petition;

Investigate any issues associated with allowing more than 12 patrons to occupy the footpath trading area at 10 Were Street Montmorency and report back to Council; and

Advise the primary petitioner of the resolution.

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Petitions

ADDITIONAL PATRONS IN FOOTPATH TRADING AREA FOR 'GRAPE AND HOP' IN WERE STREET, MONTMORENCY cont’d DISCUSSION The ‘Grape and Hop’ bar is located at 10 Were Street, Montmorency, on the east side of the southern end of the street; shown in Figure 1.

Figure 1. Location of ‘Grape and Hop’ Bar Were Street, Montmorency The ‘Grape and Hop’ bar has been issued with a footpath trading permit in accordance with Council’s Footpath Trading Policy which was adopted by Council on 23 March 2015. The permit allows, amongst other things, for 12 patrons to occupy Council land between the premises and the road while maintaining pedestrian thoroughfare. The petition signed by 94 people requests that the number of patrons allowed by the footpath trading permit be reviewed. A total of 65 petitioners described their address as within Banyule, with 15 from other municipalities and 14 with no address. The suburb breakdown of petitioners is shown in Table 1. Table 1. Suburb Breakdown of Petitioners Within Banyule Montmorency Briar Hill Greensborough Lower Plenty Watsonia Bundoora Heidelberg Rosanna

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65 35 11 7 4 3 2 1 1

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Petitions

Yallambie Outside Banyule Eltham Mill Park Plenty Wattle Glen Diamond Creek Templestowe Other (No Address)

1.1

ADDITIONAL PATRONS IN FOOTPATH TRADING AREA FOR 'GRAPE AND HOP' IN WERE STREET, MONTMORENCY cont’d 1 15 7 3 2 1 1 1 14

A review of the specific circumstances at the ‘Grape and Hop’ bar at 10 Were Street, Montmorency, is considered appropriate. Such a review would consider the capacity of the Trading Activity Zone of the footpath to accommodate additional tables and chairs, whether there have been complaints about the operation of the premises, and compliance with any planning permits that have been issued. ATTACHMENTS Nil

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Petitions

BARCLAY PARK, GREENSBOROUGH

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

Bakewell

File:

F2015/1463

Previous Items Council on 7 July 2014 (Item 1.1 - Petition to rezone and name the land at 1-3 McKenzie Court Greensborough) EXECUTIVE SUMMARY A petition with 31 signatures has been received from residents in relation to the rezoning of Barclay Park, Greensborough, to public open space. The request replicates a petition lodged with Council in June 2014, which was acknowledged at Council’s ordinary meeting on 7 July 2014. The petition prayer is as follows: “We the undersigned residents of Banyule respectfully request the Council undertake the last step in ensuring Barclay Park remains in the hands of the local community. Namely, that Council officially rezone the parkland to Public Open Space.” RECOMMENDATION That Council: 1.

Receives and notes the petition.

Reaffirm its decision of 7 July 2014, which stated that Council retain the land at 1-3 McKenzie Court, Greensborough as Residential 1 Zone until a review of Council’s Public Open Space Strategy has been completed.

Notify the primary petitioner of this decision.

DISCUSSION Following an extensive consultative process, on Saturday, 7 November, the previously unnamed park situated on the corner of Plenty Lane and McKenzie Court, Greensborough, was formally named Barclay Park. Council formally lodged its naming submission with the Victorian Government’s Office of Geographic Names and has since received confirmation that the new name is now registered in the VicNames database as a feature. Further to the formal naming process, in November 2015 and in the presence of some 50 attendees, new signage, a brass commemorative plaque and new tree planting was unveiled at the park by the Mayor Cr Craig Langdon, Cr Mark Di Pasquale and the descendants of Henry and Dorothy Barclay - whom the park is named after.

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Petitions

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BARCLAY PARK, GREENSBOROUGH cont’d In July 2014, following receipt of a petition signed by more than 100 residents requesting Council to rezone the park, Council resolved to: 1)

Receive and note the petition.

Retain the land at 1-3 Mckenzie Court, Greensboough, as Residential 1 Zone until a review of Council’s Public Open Space Strategy has been completed.

Include the naming of the park located at 1-3 McKenzie Court, Greensborough, in Council Council’s future work program.

Advise the person who submitted the petition accordingly.

Given that the review of the Open Space Strategy is yet to be finalised, an urgent rezoning of the land is not warranted. Dependant on the outcomes of the Open Space Strategy review, if a rezoning is considered necessary, it may take form as part of an omnibus (bulk rezoning) amendment process. ATTACHMENTS Nil

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2.1

BANYULE BESTBIZ AWARDS REPORT

Author:

Nicole Maslin - Economic Development Officer, City Development

File:

2014/2094

2.1

People – Community Strengthening and Support

EXECUTIVE SUMMARY This report provides a summary and evaluation of the 2015 Banyule BestBiz Awards, and recommendations for their continuation in future years. The awards proved a resounding success and demonstrated: that customers value Banyule businesses; that businesses are enthusiastic about celebrating their success, and; that there is an appreciation of the role Council plays in coordinating and providing business support. The awards were a people’s choice format that attracted in excess of 4000 online votes across 9 categories. A Mayoral Choice was also awarded providing a total of 10 individual awards. 700 different businesses were voted as people’s favourites and three finalists in each category were invited to attend the awards presentation evening. A total of 170 guests attended the function that included special guest comedian Frank Woodley as well as a presentation by the Economic Development team on the new Economic Development Plan 2015-2020. Despite the very tight timelines Council had to develop and produce the awards, they were a success and the feedback from participants, finalists and winners has been very positive. Participants valued the local profile, recognition and prestige of being nominated by their customers and appreciate that their Council is acknowledging and encouraging this. Importantly, it has also provided another mechanism for Council to connect with small business and market the range of programs, services and support that Council provides. Overall the Banyule BestBiz Awards provide a great opportunity for Council to support, celebrate and connect with local small businesses and to complement the range of activity it provides through its Economic Development and ‘Banyule Business’ function. Council allocated a budget of $27,000 at the meeting on 3 August 2015 for the 2015 Banyule Biz Awards, however Council does not currently have an allocated budget to continue the awards in 2016/17 or beyond. A budget allocation of $30,000 to provide the awards in 2016 is required. RECOMMENDATION That: 1.

Council continue with the Banyule BestBiz Awards in 2016 with a similar people’s choice format to that delivered in 2015.

A budget allocation of $30,000 be considered in the 2016/17 budget to enable the awards to be adequately resourced and delivered in 2016.

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People – Community Strengthening and Support

BANYULE BESTBIZ AWARDS REPORT cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “support people to achieve their economic potential”. BACKGROUND At its Meeting of 20 July 2015 Council resolved that: 1.

Officers investigate the feasibility of establishing a Banyule Business Awards Program for delivery in early November 2015.

A report outlining the outcomes of the officer investigation be submitted to Council for consideration.

A further report was considered by Council on 3 August 2015 outlining the potential for a pilot people choice awards program, along with key risks and budget considerations. This format was selected because of the limited lead time staff would have to establish and administer the awards. Traditional awards programs tend to have detailed nomination processes and assessment/judging components which can require a 12 month lead time. At the 3 August Meeting Council resolved that it would: 1.

Deliver a pilot Banyule Business Awards program by 28 October 2015 that focusses on the following categories:          

Health and Wellbeing. Professional Services. Fashion. General Retail. Hairdressers and Beauty Services. Restaurants/ Pubs and Bars. Cafes/ Takeaway and eateries. Fresh Produce. Manufacturing. Mayoral Choice Award.

Allocate $27,000 from savings or carried forwards toward the implementation of the pilot awards program.

Receive a further report evaluating the effectiveness of the program following the delivery of the pilot.

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People – Community Strengthening and Support

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BANYULE BESTBIZ AWARDS REPORT 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. FUNDING IMPLICATIONS Following a recent benchmarking exercise, it was revealed that councils invest up to $100,000 per annum to deliver their award programs including the allocation of a dedicated staff resource. There was no funding initially for this pilot and no capacity within the Economic Development budget without sacrificing or jeopardising other projects that Council had committed to. Council made a decision at its 3 August 2015 meeting to allocate a budget of $27,000. The total budget allocation was used to implement the awards, which does not include the “in kind” staff resource to manage and deliver the project. Council does not currently have an allocated budget to continue the awards in 2016/17 or beyond. It is considered that Council should allocate a budget of $30,000 towards the BestBiz Awards in 2016. It is recognised that some costs will be significantly lower than in 2015, such as the development of the brand concept and marketing designs. However, in order to continue to deliver the awards alongside the range of other economic development activity, extra staff resources (via additional hours or temporary support) will be required. It should be noted that the business awards have proved valuable in generating further interest in, and demand for, Council’s other business support and economic development activity. As such, the BestBiz Awards complement and enhance Council’s goals for economic growth in Banyule, and their continuation adds value to Council’s economic development agenda. POLICY IMPLICATIONS Council’s recently adopted Economic Development Plan (2015 -2020) identifies as one of its actions under its strategic direction of Business Support to “introduce and deliver a Banyule Business Awards program and event”. CONSULTATION The Economic Development team consulted with others councils to understand different approaches to awards schemes, including formats, costs, budget requirements and options. The findings of this research and consultation were considered by Council on 3 August 2015. This background work assisted the decision to move quickly on a concept format once the budget had been confirmed. The people’s choice format was favoured as opposed to a nomination and judged format because of the time challenges to deliver a program and event in under three months.

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People – Community Strengthening and Support

BANYULE BESTBIZ AWARDS REPORT cont’d Local traders’ associations were also consulted via the Centre Managers network to ensure that Council’s approach and focus would appeal and support could be gained to market the awards through their networks, build profile and engage local shoppers. All shortlisted finalists and winners were sent an online survey after the awards function to get their views and opinions on a number of aspects of the awards including; format, marketing and communications, what they valued most about participating, evaluation of awards function and how they suggest that we can improve for the future. Some of this feedback is highlighted below DISCUSSION Banyule’s first business awards were a great success. This is demonstrated through the following key measures:      

4,000 online votes. 700 different businesses represented through voting. 170 people attending awards presentation. 250 new businesses added to Banyule Business database. 5 articles in local media. 1,300 businesses personally visited by staff to deliver information and marketing materials.

Fresh social media activity on Banyule Business Facebook Page, including: o o o o

1,300 views of the Banyule BestBiz Awards video with 5,254 people reached, 38 post likes, 14 shares and 6 comments. 169 people reached by the Awards Photo Album, with 18 likes and several comments. 6,075 page views during the voting period. An average time spent on the voting form and BestBiz Awards page of 9min 42sec.

Key feedback from participants via the online survey included:    



94% of participants indicated that they would get involved again next year. 80% of participants rated their overall experience of the awards as 7 or above out of 10. Banyule Business email communications and marketing stickers (“Post It Notes”) were rated highly as the most effective forms of marketing communications. Recognition, profile, promotion, celebrating achievements and customer acknowledgement were all common reasons businesses cited for getting involved in the awards. Open ended response examples included: o “For small businesses like mine, being a finalist or winner of an award like this is incredibly powerful for our brand recognition and great for staff.” o “We participated because we know that it's an honour to be recognised and appreciated by our customers.” o “Because we are a small local business and the recognition is invaluable.” Customer recognition and feedback were elements that businesses valued most about their participation in the awards. Open ended response examples included:

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BANYULE BESTBIZ AWARDS REPORT cont’d o o o o o o o o o

“The engagement with my customer” “Getting accolades from our customers” “The feedback from the community” “High recognition to be proud of throughout” “Profile raising opportunity and recognition by our current clients that we are field leaders” “We value our customer’s effort and their trust in what we do” “The recognition, the connections with other businesses, the feedback from our clients “ “Finding out how much people really like my shop” “The loyalty and feedback from our customers”

Other aspects that worked well with the Awards included:        

The venue and its location within a retail activity centre and outside the traditional Council function spaces. Keeping the format of the presentation light and entertaining and engaging comedian Frank Woodley to create the right mood and vibe. ‘Post It Notes’ distributed to businesses that they could pass on to their customers to encourage voting. The summary video taken on the night that was shared on social media and provides a great snap-shot of the look and feel of the Awards. The brand and marketing collateral developed with the support and assistance of Council’s communications department. The simplicity of the online voting. The incentive to vote by offering $1,000 cash prize. The incorporation of the launch of Council’s Economic Development Plan and video provided a great opportunity reach our target audiences and profile our work and priorities for the future.

Improvements and Investigations for future Based on the survey feedback and informal discussions with businesses, attendees of the presentation function and Centre Managers the following key aspects will be considered in future planning:         

Investigate other voting options and assist those people with home based internet access issues to vote. This can include SMS. Review award categories to ensure that the customer and businesses are clear about what businesses are eligible for which category. Investigate options for more formalised networking at the awards function. Increase lead time for awards implementation to give businesses more time to prepare. Consider advertising and profiling award winners in local papers. Further develop links with traders’ associations and ensure that they are promoting awards and leveraging the profile opportunities. Investigate opportunities for local sponsorship of awards. Develop and share the human interest stories behind the awards finalists through social media as a means to engage community. Explore opportunities for further links between the awards and Council’s range of business support provision.

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People – Community Strengthening and Support

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People – Community Strengthening and Support

BANYULE BESTBIZ AWARDS REPORT cont’d CONCLUSION The Banyule BestBiz Awards provided local businesses with a fantastic opportunity to receive endorsement from their customers and local community. They also provided the Council with an opportunity to recognise and profile the range of mainly small businesses that are such a critical component of our local economy. Celebrations and awards like this build new relationships and connections with businesses that Council can then link into the range of other support and initiatives that Banyule provides. For Banyule’s first awards it was a significant achievement and there is confidence that this success can be further developed in the future to become an integral component of Banyule’s business calendar. Council does not currently have an allocated budget to continue the awards in 2016/17 or beyond. For Council to deliver this program in in 2016, it will require an allocation of funding for $30,000. ATTACHMENTS Nil

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2.2

WOMEN'S PARTICPATION - GENDER EQUALITY

Author:

Vivien Ferlaino - Governance Co-ordinator, Corporate Services

File:

F2015/1188

2.2

People – Community Strengthening and Support

EXECUTIVE SUMMARY The Federal and State Governments have both legislated in the areas of Sex Discrimination and Human Rights and have played an important role in changing community attitudes and helping advance gender equality in Australia. Despite this progress, women and girls continue to experience inequality and discrimination in many important parts of their lives, which can limit the choices and opportunities available to them. Local Government is in a unique position to encourage and foster women’s leadership and decision-making, and ensure that women have equal representation. A Notice of Motion called by Councillor Mulholland on participation of women in government and business was considered by Council which resolved to investigate supporting frameworks that can be implemented within Banyule to encourage and support participation of Women and further requested that a report be presented to Council on possible actions/outcomes. The Municipal Association of Victoria (MAV) along with the Victorian Local Government Association (VLGA) developed a Women’s Charter. It is recommended that Council endorse the Charter and that a Charter Champion also be nominated. This report outlines the key actions and programs Council undertakes in encouraging participation of women in the workplace, business and preventing violence against women. Council also has an opportunity to respond to a call for submissions from the Victorian Government on forming a Gender Equity Strategy. RECOMMENDATION That: 1.

Council note the current work undertaken in encouraging women in business and government and continue to promote Gender equity for its community.

Council endorse the Victorian Local Government Women’s Charter and nominate Cr Mulholland as Charter Champion.

The MAV be advised and the Charter be displayed on Councils website.

A report be presented to Council in early 2016 on a possible submission to the Victorian State Government on the Gender Equality Strategy for Victoria.

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People – Community Strengthening and Support

WOMEN'S PARTICPATION - GENDER EQUALITY cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”. Gender Equity issues are represented in the Strategic objectives of Council’s themes in the City Plan, with the main themes of ‘People’, ‘Place’ and ‘Participation’ also covering these issues. HUMAN RIGHTS CHARTER & LEGAL CONSIDERATION The Equal Opportunity Act 2010 and Charter of Human Rights and Responsibilities Act 2006 provides organisations such as councils with a framework for the provision of services and how we engage with our community and our people. 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. The rights under the Charter protect women in ensuring equality before the law and require governments when making laws, decisions and policies, to fully consider the rights in accordance with the Charter. Fact sheets developed by the Gender Equity in Local Partnership, led by Victorian councils and regional health services, call upon elected representatives to achieve gender equity, and urges our elected political representatives to drive and champion policy, program and workplace reforms that build a fairer community for all. The objectives of the Equal Opportunity Act 2010 and Sex Discrimination Act 1984 aim to eliminate discrimination and sexual harassment and promote gender equity in the community. BACKGROUND Following a Notice of Motion submitted by Councillor Jenny Mulholland, Council at its meeting in December 2014 resolved: “That Council Investigate supporting frameworks that can be implemented within Banyule to encourage and support participation of Women in Business and Government and a report be presented to Council on possible actions/outcomes.” Local government is in a unique position to encourage and foster women’s leadership and decision-making, and ensure that women have equal representation. Local government has a responsibility to work towards enabling the full participation of all women within their municipality in all aspects of community and public life and to assist women in Business.

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WOMEN'S PARTICPATION - GENDER EQUALITY cont’d Local Government can strengthen women’s leadership both within their organisations and through their work with the community. CURRENT SITUATION Banyule supports and encourages women’s participation in community life, supports women in business and raises awareness on violence against women. The initiatives and events currently supported and resourced by Banyule are outlined below: Preventing Violence Against Women - White Ribbon Action Team The Team’s responsibilities include:    

to lead and be accountable for the implementation the white ribbon action plan to provide strategic direction to Council to lead the White Ribbon Campaign for Banyule. to promote the vision and principles of the White Ribbon Campaign

Some of the outcomes of the Action Team in 2015:   

 

Recommenced the Banyule Nillumbik Family Violence Network which supports/ improves coordination local family violence services. Feedback into submissions from regional partners into the Royal Commission into Family Violence. Conducted a forum in partnership with Metro Access which targeted women with a disability. The forum tackled the sensitive issue of violence against women and empowered women to recognise and talk about the issue and provided links to support services. Continued Managers training for the Family Violence Policy. Events were held on White Ribbon Day on 25 November 2015 being a day of International movement of men and boys working to end men’s violence against women. The day commenced with the annual walk Against Violence in Ivanhoe and followed an address by Mr Paul Zappa of the ‘Be the Hero’ Program speaking about his work in schools with young men and respectful relationships followed by a morning tea.

International Women’s Day Banyule held an event on Thursday, 5 March 2015, featuring comedian Justine Sless as the MC, Cr Jenny Mulholland and a panel of women sharing their insights in life, work and business. The theme was ‘Make it Happen’. The brunch was held for women leaders, volunteers and community members across Banyule to celebrate and recognize their achievements. There were 170 in attendance. Women in Business Council has recently adopted it’s 2015 – 2020 Economic Development Plan and associated Action Plan. The Plan outlines four Key Strategic Objectives including Vibrant Precincts, Business Support, Leadership & Partnerships and Investment and Attraction.

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People – Community Strengthening and Support

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People – Community Strengthening and Support

WOMEN'S PARTICPATION - GENDER EQUALITY cont’d An action associated with the Business Support objective is “Provide special events that target particular groups’, such as the Women in Business lunch. This event has been held since 2009 to fill a gap in the market for a networking lunch that is targeted towards local business women that face different challenges when establishing and growing a business. These women value the opportunity to learn from the high profile speakers and network with like-minded operators. Council’s broader business support program, including the free small business advisory service and small business workshops and seminars, is open to all business people in Banyule with a growing number of women attending. The next Women in Business Lunch is scheduled for 10 March 2016 to coincide with the week of International Women’s Day. Banyule - Employer Banyule ensures there is gender balance in recruitment panels and that positon descriptions are gender neutral. Development initiatives are targeted at all staff. Female representation is becoming more evident, not just in senior roles but also in non-traditional outdoor roles, for example, mowing hands, bushland officers and in operations. Workplace flexibility is directed equally towards men and women to encourage men to also work part time hours whilst engaged in parenting or caring responsibilities and to shift the balance of part time away from predominantly female employees. Initiatives include:   

Breastfeeding accreditation is being sought for our new building to support mothers returning to work from parental leave. Female Personal Protective Equipment is being sourced for female outdoor workers. Equipment (such mowers and brushcutters) are purchased with female users in mind. Provision for family violence leave is included in Council’s enterprise agreement.

Women in Sport Policy A review of Council’s Women in sport policy will occur in 2016. The Women in Sport Policy project will analyse sporting opportunities available to females of all ages within the City of Banyule, together with the identification of barriers to participation. Women do not participate in sport in equal numbers to men and specific strategies, which address this imbalance, should be developed and implemented at the local level. The last Banyule Women in Sport Policy was adopted by Council in 1998. Australian Women’s Association Annual Conference (ALGWA) Council will be hosting the 2016 Australian Local Government Women’s Association annual conference. The Australian Local Government Women’s Association (ALGWA) is the peak body representing women’s issues in local government across Australia. Formed in 1951, ALGWA is a not-for-profit, non-party political association whose members include councillors, council officers and supporters of women’s participation in local government and councils

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WOMEN'S PARTICPATION - GENDER EQUALITY cont’d Each year since 1964, ALGWA has held an annual conference rotating between the city and country. The conference is designed to support women in local government, encouraging women’s participation in local government as elected representative. ALGWA’s aims and objectives are:      

To assist in furthering knowledge and understanding of the function of local government; To encourage women to participate in local government; To encourage women to make a career in local government; To watch over and protect the interests and right of women in local government; To take action in relation to any subject or activity affecting local government and local government legislation; To act in an advisory capacity to intending women candidates for local government election.

General Elections 2016 Council has submitted an expression of interest to host a GoWomensLG event. The GoWomenLG 2016 project aims to maintain and increase the numbers and diversity of women’s participation as candidates in the 2016 local government elections. The Project is a partnership between the VLGA and the Victorian Government, and is supported by local government and community partners. The Project aims to:   

Encourage a diversity of women to consider local government candidacy Provide information and learning opportunities to interested women Increase the spread of women candidates across Victorian local governments in the October 2016 elections.

Council will be advised in the new year whether it has been successful in its application to host the event. Youth Services RISE – the Rise program was delivered to two separate groups of young women aged 14 -17 years in the past 12 months. The first program targeted Greensborough, and the second targeted young women from the West Heidelberg region who were either not attending school or who were at risk of disengaging from school. It was a 6 week program providing participants with exposure to a range of occupations through activities and speakers. The program resulted in fantastic outcomes with 90% of participants re-engaging in education traineeships or employment. SHYNE has a number of initiatives including the Banyule 100 project which has continued to develop a number of inspirational life profiles. Over the past year it has attracted 17,000 visitors and currently has 47 profiles of which 32 are female. Additional achievements of the SHYNE Project included the successful nomination of journalist Laura Armitage for the Positive Media Award at the National Youth Week celebrations in Canberra, the inclusion of 3 SHYNE participants in the state government’s “Inspiring Young People” book which was launched at Parliament House and the successful nomination of Amy Bryans as Banyule Young Volunteer.

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2.2

People – Community Strengthening and Support

WOMEN'S PARTICPATION - GENDER EQUALITY cont’d Banyule Youth Summit brought together young people from 17 schools and the wider community to discuss issues of importance to them. The end result was a list of recommendations. There has been significant progress in the implementation of these recommendations. Highlights include the well-attended Q&A Forum for Young Women and the establishment of African Women’s Action Group (AWAG), working with Somali Young Women around leadership and recreation opportunities. Metro Access The Enabling Women Program is a successful partnership effort between Banyule City Council, Women’s Health in the North, Victoria Police and Berry Street. The program targets 12 local women with disabilities and aims to increase their leadership skills and build individual capacity. ‘Identifying and Preventing Violence against Women with Disability’ forum was another successful event recently held and attended by an engaged audience of 30 women with disability. THE VICTORIAN LOCAL GOVERNMENT WOMEN’S CHARTER Recognising the need for increased women’s participation in the key decision making forums in the community and in democratic governance, the MAV, VLGA and Women’s Participation in Local Government Coalition (WPILGC) along with Victorian council’s developed a Local Government Women’s Charter. The Charter highlights the need for increased women’s participation in key decision making roles through three principles: Gender equity - That women and men have an equal right to be representatives in local governments, committees and decision-making positions. Diversity - The inclusion of different experiences and perspectives in local governments and community decision-making strengthens local democratic governance and helps build cohesive communities. Councils and communities encourage and welcome the participation of all women. Active citizenship - Local governments will work with the community to increase the numbers and participation of women in public life, so that decision-making more clearly represents and reflects the interests and demographics of communities. Currently 69 of the 79 Councils have signed up to the Charter. Banyule has not signed up to the Charter. Endorsing the Charter provides a formal recognition of Council’s commitment to gender equality. Councils are encouraged to nominate a Councillor as a Charter Champion and to be actively involved by following through and continually raising the importance of recognising the Women’s Charter, which is seen as critical to the successful implementation of the Charter. OTHER KEY DEVELOPMENTS IN VICTORIA Council can leverage from other initiatives being implemented by the State Government or the Human Rights Commission. These are explained in further detail:

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2.2

WOMEN'S PARTICPATION - GENDER EQUALITY cont’d Victorian Gender Equity Equality Strategy – Victorian Government The Victorian Government is developing a Gender Equality Strategy for Victoria and is seeking input on the key challenges and opportunity that gender equality presents. Submissions close 19 February 2016. Anyone can join the conversation on Twitter: #vicforwomen. The consultation paper is attached. A further report will be presented to Council in February 2016 presenting a submission on behalf of Banyule. Male Champions of Change – The Victorian Equal Opportunity & Human Rights Commission The Victorian Equal Opportunity & Human Rights Commission has established a Male Champions of Change program. Victoria's Male Champions of Change initiative unites some of Victoria’s most influential male corporate, government and community leaders to advance gender equality and more women into leadership positions. Convened by Victorian Equal Opportunity and Human Rights Commissioner, Kate Jenkins, the group works together on innovative approaches to help ensure women can thrive equally in our communities and workplaces. CONCLUSION Council undertakes a number of annual and ongoing initiatives to support women and gender equity. A number of the programs aim to strengthen and empower Women. Endorsing the Victorian Local Government Women’s Charter provides a formal framework for the activities Council undertakes and the nomination of a Charter Champion will provide further support to women. Council also has an opportunity to make a submission into the Victorian Government discussion paper on Gender Equity

ATTACHMENTS No.

Title

Victorian Local Government Womens Charter

156

Gender Equality Strategy for Victoria

157

Ordinary Meeting of Council - 14 December 2015

Page

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3.1

Planet – Environmental Sustainability

3.1

SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD

Author:

Vincent King - Operations Project Coordinator, Assets & City Services

Ward:

Olympia

File:

F2015/167

EXECUTIVE SUMMARY The Council Operations Centre is an essential facility for the provision of the many physical services that Council provides to the community. The site includes a waste recovery centre, material recovery facility, weighbridge, fleet workshop, storage and vehicle parking. It is also where many of Council’s essential services such as waste collections, street sweeping, drainage and infrastructure maintenance are managed. The Centre has residential interfaces to the north and south across Perkins Avenue and Banksia Street and the Waratah Special Development School on its western boundary. The Heidelberg Repatriation Hospital is across Waterdale Road on the eastern side. There is also a new residential development being constructed on the south west corner of Banksia Street and Waterdale Road, directly across the road from the Centre. At its Meeting on the 9 November 2015, Council called for a report on improving screening and car parking at the Council Operations Centre in Waterdale Road, Bellfield. An assessment of the perimeter landscaping along Banksia Street, Waterdale Road and Perkins Avenue has been undertaken and design plans prepared to improve the visual interface with the surrounding area. This report outlines the feature of the proposed landscaping works, some of the broader benefits to the community and built environment and funding implications. Further investigation needs to be undertaken on improving car parking at the Operations Centre and a future report provided to Council. RECOMMENDATION That: 1.

Council approve a budget of $65,000 in the 2015/16 financial year to undertake tree removal, fencing replacement and landscaping works on the Banksia Street boundary of the Operations Centre site, Bellfield.

Funding be considered in future capital works budgets to complete the screening and landscaping around the Centre:  

$35,000 in 2016/17 for the Waterdale Road frontage. $50,000 in 2017/18 for Perkins Avenue frontage and to extend the sound wall in the southern part of the site on the Banksia Street frontage.

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SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD cont’d 3.

A further report be presented to Council on options for additional car parking facilities in and around the Operations Centre to service the operational needs for the Centre.

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 The project aligns with Council’s Biodiversity and Environmental Stewardship objectives and the Wildlife Corridor Program. BACKGROUND Council’s Operations Centre (Centre) in Waterdale Road, Bellfield has been in existence for many decades. The original Regional Refuse Transfer Station was built in 1975 and refurbished into the current Waste Recovery Centre in 2001. The Centre is an essential facility for the provision of the many physical services that Council provides to the community. The site includes a waste recovery centre, material recovery facility, weighbridge, fleet workshop, storage and vehicle parking. It is also where many of Council’s essential services such as waste collections, street sweeping, drainage and infrastructure maintenance are managed from. The Centre has residential interfaces to the north and south across Perkins Avenue and Banksia Street and the Waratah Special Development School on its western boundary. The Heidelberg Repatriation Hospital is across Waterdale Road on its eastern side. There is also a new residential development being constructed on the south west corner of Banksia Street and Waterdale Road, directly across the road from the Centre. At its meeting on the 9 November 2015, Council called for a report on improving screening and car parking at the Council Operations Centre in Waterdale Road, Bellfield. The notice of motion highlighted that with further residential and other development occurring around the site, it is important to ensure that the screening of the site is improved to ensure that the visual amenity of the site is suitable in this environment. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. TECHNICAL CONSIDERATION Landscaping and screening Since the development of the Material Recovery Facility in 1999, there has been only minor landscaping improvements to the boundary of the Centre. Assessment of the trees on the Banksia Street side of the Centre has determined that some are at the end of life with others being stressed by age. It has been determined that many of these trees need to be removed. To better integrate the Centre into the developing new residential landscape around the centre, an assessment of the site perimeter with a view to develop landscape concepts that addressed and improved the site’s interface with the surrounding environment has been developed. Council commissioned Sam Cox Landscape Pty Ltd to develop a set of design drawings and a cost estimate for the perimeter landscaping and improvements along the frontages of Banksia Street, Waterdale Road and Perkins Avenue. The design brief outlined a preference for indigenous and native plants that are dry tolerant, low maintenance, visually attractive and provide a wildlife corridor for native animals. Where possible existing mature trees would be retained and incorporated into the overall concept. Any vegetation deemed to be a “weed” and doesn’t fulfil the design brief would be removed. The offsetting of a new chain mesh fence on the Banksia Street side of the Centre will allow for extensive planting between the pedestrian footpath and the boundary of the Waste Recovery Centre while providing a seamless integration into the surrounding landscape. As part of the investigation into the landscaping and screening of the Centre, it was identified that there would be acoustic benefits in the extension of the existing sound wall on south boundary of the Centre near the corner of Waterdale Road and Banksia Street. It is proposed that the identified tree removal, landscaping, fencing and sound wall extension works on the Banksia Street, Waterdale Road and Perkins Avenue frontages be implemented in a staged approach over the next three years.

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Planet â&#x20AC;&#x201C; Environmental Sustainability

SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD contâ&#x20AC;&#x2122;d

Locality Plan highlighting the frontages identified for improvements

Carparking In conjunction with the landscaping works, traffic management and parking was to be considered for the Centre. Currently car parking within the Operations Centre is at capacity due to the needs of the staff and the parking of plant and equipment. With sections of Waterdale Road, Banksia Street and Perkins Avenue adjacent to the site being used as day parking by visitors and staff at the Heidelberg Repatriation Hospital, there is often limited parking available for visitors to the Operations Centre site. Further investigation needs to be undertaken to look at options for improving parking in and around the Centre so that it provides improved service for staff and visitors that attend the centre as well as trying to reduce the traffic impact on the surrounding streets.

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SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD cont’d Environmental Sustainable Design (ESD) Soft landscaping is to utilise indigenous plants local to the Banyule Municipality where possible. The remaining plants are to be of a native species selection that exhibit a high drought tolerance and require minimal irrigation once established. Hard landscaping is to utilise locally sourced products where possible. Tree removal will take into consideration the use of mulch at other sites and if any trees can be utilised elsewhere for habitat purposes. FUNDING IMPLICATIONS STAGE Stage 1 Banksia Street frontage Stage 2 Waterdale Road frontage Stage 3 Perkins Avenue frontage Internal sound wall works

WORKS REQUIRED

YEAR   2015/16     2016/17      2017/18  

Tree Removal (extensive) Removal of existing fence Installation of a new chain mesh fence Landscaping Tree Removal (minimal) Removal of existing fence Installation of a new chain mesh fence Landscaping along Waterdale Road frontage and transfer station ramp Tree removal (minimal) Removal of existing fence Installation of a new chainmesh fence Landscaping Extend sound wall at the eastern end of Banksia Street frontage

FUNDING $65,000

$35,000

$40,000

As residential development is currently occurring to the south of the Centre it is recommended that the Stage 1 works along the Banksia Street frontage occur in the current financial year. Additional funds for Stage 2 and 3 will need to be referred to future capital works budgets for consideration. COMMUNITY BENEFITS There are a broad range of community benefits associated with the project including:    

Improved ascetic appeal to neighbouring streets and properties. Integration of a vegetative interface along the Banksia Street and Waterdale Road frontages. The creation of a wildlife corridor spanning the entire length of the waste transfer station. The promotion of environmental and sustainable design principle using drought tolerant plants indigenous to the area.

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SCREENING AND CARPARKING AT COUNCIL'S OPERATIONS CENTRE IN WATERDALE ROAD, BELLFIELD contâ&#x20AC;&#x2122;d CONCLUSION Due to the scale of a renewal of the landscaping to provide screening and improved amenity around the Operations Centre site, funding is required for the works to be undertaken. For these works to be successful and represent best value for Council and the community, a staged approach regarding the implementation of these works should be adopted. It is recommended that tree removal, fencing replacement and landscaping improvements occur in the second half of the 2015/16 financial year. Funding for future works will be referred to future capital works budgets. Further analysis needs to be undertaken on alternatives for improving car parking in and around the Operations Centre site and a report on potential options provided to Council for consideration.

ATTACHMENTS Nil

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Planet – Environmental Sustainability

3.2

SUSTAINABILITY FUND - PRIORITY STATEMENT

Author:

Vincent King - Operations Project Coordinator, Assets & City Services

File:

F2014/1043

EXECUTIVE SUMMARY The Victorian State Government implemented a landfill levy system in July 2001 to provide integral support for the waste management framework by providing the funds to translate Victoria’s waste management vision into reality. The levy is collected through the gate fee paid by Council to the landfill operator for the disposal of waste. The levy commenced at a relatively low level of $4 per tonne, but has increased by about 572% since 2009/10 to $60.52 per tonne currently. The landfill levy now represents over 57% of Banyule’s cost of disposing waste at landfill. All landfill levies are paid into the Environment Protection Fund. Levy funds are shared between regional waste management groups (RWMGs), Sustainability Victoria and EPA. Levy funds are also allocated by the Premier and the Minister for Environment and Climate Change through the Sustainability Fund. Early in November 2015, The Premier Hon Daniel Andrews and Minister for Environment, Climate Change and Water Hon Lisa Neville released a revised ‘Sustainability Fund – Priority Statement’ (attachment A). The Priority Statement sets out the priorities of the Victorian government within the legislated areas of waste, resource recovery and climate change and how funds in the Sustainability Fund will be invested.. While the proposed priorities are all directed towards environmental initiatives, some of it may be directed away from the waste sector that generates it. Also distribution of funds to Local Government is through a competition based model meaning that while all municipalities contribute to the fund, there is no guarantee that councils will get funding in return for waste management initiatives when they are planned. Officers believe there is opportunity to adjust the model whereby some funding is returned to all municipalities that contribute to the levy each year, to be used for behaviour changing initiatives either through education or enforcement The State Government is calling for submissions to the ‘Sustainability Fund – Priority Statement’ by the 20 December 2015. It is proposed that Banyule City Council provides an online submission as per recommendation. RECOMMENDATION That Council prepares an online submission to the ‘Sustainability Fund – Priority Statement’ requesting: 1.

A greater proportion of Landfill Levy funds be directed to Local Government, with the ultimate objective of achieving net-community benefit.

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Planet – Environmental Sustainability

SUSTAINABILITY FUND - PRIORITY STATEMENT cont’d 2. All Landfill Levy funds are used for environmental- sustainability purposes, particularly the purpose set out in the Victorian waste policy titled Getting Full Value: the Victorian Waste and Resource Recovery Policy, to divert waste from landfill and promote recycling and recovery in line with community expectations about the appropriate management of waste. 3. Collection and distribution of Landfill Levy funds be reported transparently to the public. 

Landfill Levy per tonne

Waste Sent to Landfill (Tonnes)

$ 4.00 $ 5.00 $ 6.00 $ 7.00 $ 8.00 $ 9.00 $ 9.00 $ 9.00 $ 30.00 $ 44.00 $ 48.40 $ 53.20 $ 58.50 $ 60.52

43,089 43,777 42,060 42,302 43,806 44,741 42,217 43,508 41,769 37,574 35,449 35,860 34,074

$ $ $ $ $ $ $ $ $ $ $ $ $

530,226

$ 10,987,585

Ordinary Meeting of Council - 14 December 2015

Total Levy Paid 172,356 218,885 252,360 296,114 350,448 402,669 379,953 391,572 1,253,070 1,653,256 1,715,731 1,907,752 1,993,329

Page 30

SUSTAINABILITY FUND - PRIORITY STATEMENT cont’d All landfill levies are paid into the Environment Protection Fund and the money is distributed in accordance with the Environment Protection (Distribution of Landfill Levy) Regulations 2010. Levy funds are shared between regional waste management groups (RWMGs), Sustainability Victoria and EPA. Levy funds are also allocated by the Premier and the Minister for Environment and Climate Change through the Sustainability Fund. The purpose of the Sustainability Fund as defined by the Environmental Protection Act 1970 is to foster:  

environmentally sustainable uses of resources and best practices in waste management to advance the social and economic development of Victoria; and/or community action or innovation in relation to the reduction of greenhouse gas substance emissions or adaptation or adjustment to climate change in Victoria.

In February 2012 the coalition government released the original ‘Priority Statement of the Victorian Government Sustainability Fund’. Early in November 2015, The Premier Hon Daniel Andrews and Minister for Environment, Climate Change and Water Hon Lisa Neville released a revised ‘Sustainability Fund – Priority Statement’ (attachment A). The Priority Statement sets out the priorities of the Victorian government within the legislated areas of waste, resource recovery and climate change and how funds in the Sustainability Fund will be invested. ADVOCACY Banyule is well represented in a number of Industry bodies that will be making submissions to the ‘Sustainability Fund – Priority Statement’ but an additional submission from Banyule City Council is recommended. 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. DISCUSSION The priorities as contained in the draft statement for the use of the Sustainability Fund so as to meet its legislated purpose are:  

Making alternatives to landfill more viable and cost competitive through the stimulation, creation and expansion of viable markets for recycled and recovered materials; Facilitating a network of best practice waste and resource recovery infrastructure which minimises public health and environmental impacts and maximises resource recovery opportunities;

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3.2

Planet – Environmental Sustainability

SUSTAINABILITY FUND - PRIORITY STATEMENT cont’d     

Providing equity in access to, and reducing impacts of, waste and resource recovery services on communities; and Modernising the management of legacy contamination or pollution. Supporting individuals, communities and industry to transition to a low carbon economy; Supporting Victorians to adapt to the impacts of climate change, particularly those most vulnerable and least able to do so; and Assisting Victoria's ecosystems and native species to be more resilient to climate change and/or support mitigation outcomes.

Investment will be guided by Victorian government policies, including the Statewide Waste and Resource Recovery Infrastructure Plan, Regional Waste and Resource Recovery Implementation Plans and other relevant strategies. While the proposed priorities are all directed towards environmental initiatives, some of it may be directed away from the waste sector that generates it. Also the criteria for the distribution of funds and the amount of funds available for projects changes from year to year. In most cases submissions for funds compete against each other meaning that while all municipalities contribute to the fund, there is no guarantee that councils will get funding in return for waste management initiatives when they are planned. With waste management being the single largest expense of Council, it is important that all municipalities are provided the ongoing opportunity to implement initiatives that will assist in the reducing this cost, either through more efficient delivery of services or by changing community attitude to the waste that they generate. The current model of competition based funding does not provide this opportunity. It is considered that while the current model is suitable for large cost initiatives, the focus of the proposed priority is for “end of pipe solutions” that process the waste being generated and not on reducing the waste being created in the first place by changing consumer behaviour either through education or enforcement. To address this there is opportunity to adjust the model to be similar to that currently operating in New South Wales Waste Levy whereby some funding is returned to all municipalities that contribute to the levy each year, to be used for behaviour changing initiatives. This is particularly important as most municipalities are having to deal with continual increases in litter and dumped rubbish that can clearly be linked to the high cost of disposal of waste to landfill. CONCLUSION The landfill levy increase is now indexed to the ‘value of fee and penalty units’ as set by the Treasurer of Victoria for each financial year. The current landfill levy is $60.52 per tonne which represents over 57% of Banyule’s cost of disposing waste at landfill. Based on the amount of waste disposed to landfill in 2014/15, Banyule City Council will be paying in excess of $2.06 million landfill levies in 2015/16 with no expected funding in return. The proposed submission is to get a more equable distribution of the levy back to Council.

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3.2

SUSTAINABILITY FUND - PRIORITY STATEMENT cont’d

ATTACHMENTS No.

Title

Attachment A - Draft Sustainability Fund - Priority Statement

Ordinary Meeting of Council - 14 December 2015

Page 162

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4.1

APPROVAL OF ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT POLICY

Author:

Fae Ballingall - Strategic Planner, City Development

File:

F2014/640

4.1

Place – Sustainable Amenity and Built Environment

EXECUTIVE SUMMARY After a long and challenging process that started in 2009, Amendment C73 has finally been approved by the Minister for Planning. The Amendment introduces an Environmentally Sustainable Development (ESD) Policy into the Banyule Planning Scheme (Attachment 1). The ESD Policy will provide Council’s Urban Planners, landowners and developers with a clear guide of Council’s expectations for development to achieve appropriate ESD standards. New development proposals will need to address a range of ESD principles including: energy requirements, water resources, indoor/outdoor quality, stormwater management, and urban ecology. The achievement of the ESD Policy places Banyule, along with 5 other Councils involved in this project, at the forefront of sustainable urban planning practice in Victoria. RECOMMENDATION That Council note that the Minister for Planning has approved Banyule Planning Scheme Amendment C73 and that notice of the approval was published in the Victorian Government Gazette on Thursday 19 November 2015.

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APPROVAL OF ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT POLICY cont’d In late 2013 a Joint Panel and Advisory Committee was appointed by the Minister for Planning to consider the ESD Amendments. The Committee’s report was released in April 2014 and recommended the adoption of the Amendments. Council adopted the ESD Amendment and sent it to the Minister for Planning for approval in May 2014. Since that time the Joint Councils have made several requests to the Minister to make a decision. In October this year a workshop was held with the Joint Councils and Officers from the Department of Environment, Land, Water and Planning (DELWP) to further refine the ESD Amendment. An updated proposal was then approved by the Minister on the 5 November and came into effect when a notice was published in the Victoria Government Gazette on 19 November 2015. 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. DISCUSSION Consideration of ESD principles in the design phase of a planning permit application provides the opportunity to make the greatest amount of difference in respect of sustainability, for the least amount of cost. Banyule has run a voluntary ESD assessment process for certain development types since 2013. Amendment C73 builds on this commitment to ESD by helping applicants achieve:      

Easier compliance with building requirements through passive design Reduction of costs over the life of the building Improved affordability over the longer term through reduced running costs Improved amenity and liveability More environmentally sustainable urban form Integrated water management.

The ESD Policy applies across the City to all residential and non-residential development that requires a planning permit. It sets out minimum application requirements to ensure consistent, transparent and more efficient assessment of planning permit applications. There are two different levels of ESD assessment to suit smaller and larger scale developments respectively. These are:  

Sustainable Design Assessment (SDA) Sustainable Management Plan (SMP).

An SDA is required for small to medium sized developments (e.g. 2-9 dwellings). Applicants can complete an SDA using the Built Environment Sustainability Scorecard (BESS) tool. This tool can be found at: www.bess.net.au.

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4.1

APPROVAL OF ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT POLICY cont’d Larger developments will require an SMP that has been prepared by a qualified environmental consultant. Applications for larger non-residential developments must also include a Green Travel Plan. Both types of assessment ask applicants to satisfy the Policy objectives for energy requirements, water resources, indoor/outdoor quality, stormwater management, and urban ecology. The Minister wants Victoria to be a national leader in climate change. This intention is set out in the Discussion Paper for Plan Melbourne 2016, and includes an aim to: Support a Victorian Government integrated planning and building approach to strengthen Environmentally Sustainable Design, including consideration of costs and benefits. The State Government is aiming to progress initiatives in planning and building over 2 years, including the introduction of State-wide ESD planning provisions. To reflect this commitment an expiry date of 31 December 2017 has been included in the ESD Policy. This is the finish date for the State-wide provisions to be in place. DELWP has said that the ESD Policy’s timeframe can be extended if the State’s provisions are not introduced by this time. Over the next 18 months Banyule, along with the other Councils, will monitor the implementation of the Policy and report back to the Minister for Planning. This input will be valuable for the Government’s preparation of State-wide provisions. CONCLUSION In collaboration with the Joint Councils, Banyule has done a lot of work to develop the ESD Policy and facilitate the sustainable design assessment process that supports implementation of the policy. The Minister for Planning has recognised the Joint Councils for their work, leadership and expertise. The approval of the ESD Policy has now paved the way for State-wide planning reform. ATTACHMENTS No.

Title

Approved ESD Policy

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Page 163

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4.2

REVISIONS TO THE OUTDOOR ADVERTISING POLICY

Author:

Anne North - Senior Strategic Planner, City Development

File:

F2014/676

EXECUTIVE SUMMARY At its Meeting on 5 October 2015 Council adopted an amended Outdoor Advertising Policy. Amendments were made to the policy to facilitate the opportunity for Banyule sporting clubs to increase their revenue streams. Since adopting the amended policy it has become apparent that there are some inconsistencies in the criteria and requirements for advertising signs at sporting grounds which could cause confusion for sporting clubs. As such, it is considered that revisions to be policy should be made. These revisions are shown highlighted in Attachment 1. This report also discusses the issuing of a planning permit for a ‘Promotion Sign’ on the corner of Para Road and Flintoff Street in Greensborough. RECOMMENDATION That Council: 1.

Adopt a revised Outdoor Advertising Policy which corrects inconsistencies and provides clearer guidance for long term signs on Council land.

Await a further report detailing expression of interests received from the commercial advertising industry in relation to leasing the ‘Promotion Sign’ on the corner of Para Road and Flintoff Street, Greensborough.

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REVISIONS TO THE OUTDOOR ADVERTISING POLICY contâ&#x20AC;&#x2122;d The revised policy increased the number of signs allowed to be affixed to a building and allowed signs to be located on building facades that face main roads. The revised policy also introduced standard requirements for freestanding club identification signage including standard Banyule logos and format. This will provide a consistent approach to larger advertising signs in prominent locations near sporting ground entrances. DISCUSSION Outdoor Advertising Policy The policy now includes a template that highlights that both the club and the sponsor have a display area of 2sqm. The template is shown below:

Figure 1: Template for signage at Council Reserves

Promotion Sign In 2014 Council decided to review its Outdoor Advertising Policy and examine opportunities to achieve a commercial return for advertising on Council land. One of the key focus areas was to establish commercially suitable locations for business advertising or promotional purposes such as billboards on a roadsides or carparks. An external consultant within the commercial outdoor advertising industry was engaged to provide further guidance and identified a number of potentially commercially viable sites. On the 9 June 2015 a report went to Council in relation to a Review of Opportunities for Advertising Signs on Council Land, this report also included details of locations and estimated incomes for sites identified by the consultant in relation to commercial advertising. At the meeting it was resolved in part to:

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

4.2

Place – Sustainable Amenity and Built Environment

REVISIONS TO THE OUTDOOR ADVERTISING POLICY cont’d Undertake a ‘pilot’ project for a future commercial advertising program on Council land by initially focusing on a single ‘Promotion Sign’ on the corner of Para Road Flintoff Street Greensborough. The pilot project should include: i. Engagement of an appropriate consultant to assist in preparing the necessary documentation for a planning permit application and any subsequent commercial arrangements associated with leasing of the sign; ii. Preparation of plans for a promotion sign on the corner of Para Road and Flintoff Street, Greensborough; iii. Obtaining a planning permit for the sign; iv. Undertaking an Expression of Interest (EOI) process seeking interest in the leasing of the sign to the commercial advertising industry (subsequent to a planning permit being issued). The ‘pilot’ project is well underway with Council obtaining a permit for the ‘Erection and display of a major promotion sign (freestanding double-sided billboard sign)’ on the corner of Para Road and Flintoff Street, Greensborough.

Location of Proposed Sign

Figure 2: Site for promotion sign – 1 Flintoff Street Greensborough

Following are details of the sign: Type of Sign Major Promotion – freestanding double sided billboard.

Size Sign area: 6m x 4m 10m overall height 3m height structural post with access platform

Location Para Road near corner with Flintoff Street facing northwest and southeast.

Detail/Comments Floodlight provided at top of sign. No car parking required to be removed for installation of sign.

The size of the sign is defined as a ‘Major Promotion Sign’ within the Banyule Planning Scheme. A copy of the planning permit and endorsed plans has also been attached to this report.

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REVISIONS TO THE OUTDOOR ADVERTISING POLICY contâ&#x20AC;&#x2122;d The next stage in the process is to seek interest from within the commercial advertising industry to lease the sign for commercial purposes. An expression of interest process will commence in late January 2016. In assessing the merits of the responses to the EOI consideration of the construction cost for the sign as well as impacts on future development opportunities for the site will need to be considered. 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. CONSULTATION Advertising of the Promotion Sign was done by notices being sent to surrounding properties and two signs on site. No objections were received. The proposed changes to the Outdoor Advertising Policy are minor and do not affect the number of signs allowed per sporting ground. Consultation with the sporting clubs was not considered necessary. CONCLUSION Making minor revisions to the Outdoor Advertising Policy will ensure that Banyule sporting clubs have clear guidelines in relation to advertising signage. These revisions have been made to support Banyule sporting clubs seeking to increase their revenue streams. The pilot is underway for the Major Promotion Sign with the next step being the expression of interest process. ATTACHMENTS No.

Title

Signage Permit

168

Endorsed Plans

173

Revised Outdoor Advertising Policy - Part 2

175

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4.3

VICTORIAN CYCLING STRATEGY SUBMISSION

Author:

Kathleen Petras - Transport Engineer, City Development

File:

F2013/640

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Place – Sustainable Amenity and Built Environment

EXECUTIVE SUMMARY The Victorian Government has commenced consultation on a review of directions of the Victorian Cycling Strategy. These include improving cyclist safety, encouraging cycling participation, growing the cycling economy, strategically planning networks and prioritising investment, and highlighting the environmental benefits of cycling. The revised strategy will include the establishment of Active Transport Victoria to oversee the strategy implementation. The proposed strategy directions are in line with and supported by Council’s City Plan, Integrated Transport Plan, Bicycle Strategy and Economic Development Plan. A Council submission supporting the proposed strategy update has been prepared (to be submitted by 16 December) and is attached to this report. Banyule’s Bicycle Advisory Committee (BBAC) has contributed to the submission. This is an appropriate time to request the construction of the Greensborough Highway missing link in the Principle Bicycle Network. RECOMMENDATION That Council: 1.

Lodge a submission to support the proposed Victorian Cycling Strategy update generally in accordance with the Draft Submission at Attachment 1. The proposed strategy directions are in line with and supported by Council’s City Plan, Integrated Transport Plan, Bicycle Strategy and Economic Development Plan.

Write to VicRoads and the Minister for Roads and Road Safety to request the construction of the Greensborough Highway missing link in the Principal Bicycle Network.

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VICTORIAN CYCLING STRATEGY - SUBMISSION cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “support sustainable transport”. BACKGROUND On 22 October 2015 the Victorian Government announced that Victoria’s Cycling Strategy and Action Plan is to be updated. The updated strategy will guide the establishment of a new government agency Active Transport Victoria to manage the delivery of the strategy’s objectives. A $100 million investment in cycling infrastructure will be made to support this strategy via the Safer Cyclists and Pedestrians Fund. The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) is seeking feedback on the proposed directions of the revised strategy. DISCUSSION DEDJTR has advised that the strategy is proposed to be rewritten to add two key directions and remove two existing key directions, and that the contents of the directions to be removed will still be covered in the strategy as a part of other key directions. DEDJTR have provided details of the six proposed directions of the revised strategy. No discussion paper has been prepared by DEDJTR. Table 1 below shows the detailed proposed directions and Council’s proposed response. Revised Direction Details 1. Improving cyclist safety. Safety considerations are one of the major issues that deter people from taking up cycling. For that reason, actions aimed at improving cyclist safety will be key for the success of the strategy. 2.

Encouraging cycling participation. Cycling is a relatively inexpensive form of transport and recreation which demands less of our limited urban space than other modes. More people cycling potentially means less cars on our roads—improving overall transport system efficiency, social connectedness and air quality. Promoting the health benefits of cycling. Cycling is a low-impact form of exercise, and has significant potential to improve the overall health and wellbeing for many Victorians, particularly those 55 and over and school-aged children.

Ordinary Meeting of Council - 14 December 2015

Council’s Response Support Safe cycling is supported by the Banyule Integrated Transport Plan and through the Banyule Bicycle Strategy which identify actions that contribute to improving cyclist access and safety. Support The Banyule Integrated Transport Plan supports the improvement of the cycling network throughout Banyule and beyond Banyule. It also encourages the provision of end of trip facilities and provision of wayfinding information for cyclists. Support The Banyule Integrated Transport Plan supports Bicycle Networks Ride to School program and the development of cycling infrastructure that caters for all ages and abilities.

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VICTORIAN CYCLING STRATEGY - SUBMISSION cont’d 4.

Growing the cycling economy, particularly cycle tourism and regional development. Cycling for recreation and tourism, or participating in a cycling event in regional Victoria, can stimulate regional economies and support local businesses and communities.

Support Local cycling equipment and service businesses are supported by Council’s Banyule Economic Development Plan.

Strategically planning networks and prioritising investment. This will include a focus on strategic cycling corridors and ensuring positive outcomes for cycling are achieved as a result of investment in major transport projects such as Melbourne Metro and the Level Crossing Removal Program Highlighting the environmental benefits of cycling. Cycling is a sustainable form of transport, with no direct pollution or greenhouse gas emissions. If people cycle instead of using a car, particularly for short trips, air quality and noise pollution will improve.

Support Council supports the development of direct cycling routes to key destinations as outlined in the Banyule Integrated Transport Plan

Support Council supports the use of sustainable modes of transport including cycling. This is a key direction of Councils City Plan and is supported by the actions of the Banyule Integrated Transport Plan and the Banyule Bicycle Strategy

The most significant missing link in the Principal Bicycle Network (PBN) in Banyule is part of the Banyule Shared Trail. It is located alongside Greensborough Highway from Yallambie Road to Street and on to Grimshaw Street. The Draft Regional Trails Strategy out of the Northern group of Councils identifies this link as being a high priority for completion. At this time it is appropriate to advocate to Vic Roads and the Victorian Government for the construction of this link. TIMELINES The deadline for submissions is 16 December 2015. After considering submissions, the Victorian Government (DEDJTR) intends to prepare an updated bicycle strategy, which will be made available for comment before being finalised for release in mid2016. CONCLUSION Council has the opportunity to lodge a submission in relation to the Victorian Cycling Strategy that is currently under review. A submission on behalf of Banyule Council will be prepared and submitted in line with this report.

ATTACHMENTS No.

Title

Submission Letter to DEDJTR

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4.4

PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE

Author:

Nick Helliwell - Major Developments Planner, City Development

Ward:

Olympia

File:

P635/2015

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Place – Sustainable Amenity and Built Environment

EXECUTIVE SUMMARY The proposal seeks to construct a mixed use development up to 16 storeys above ground which will have a maximum height of 53.57 metres on land at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe. The building would include a medical centre, aged care facility (151 beds), independent living units (89), apartment dwellings (224), child care centre (90 places), residential hotel (156 rooms) and bistro (100 seats) and a gymnasium. Five levels of basement car parking are also proposed to accommodate 542 car parking spaces, 190 bicycle spaces and associated building services. While 541 car parking spaces are proposed to be provided, this is 166 less than the standard Banyule Planning Scheme requirement. A key consideration for Council in determining this application is the extent to which it proposes an alternative response to the height and building form set out in both the Structure Plan for the Heidelberg Precinct 2007 and the Banyule Planning Scheme (Design and Development Overlay Schedule 5). The proposal before Council is a significant departure from these guidelines and controls which include guidelines indicating that the building should:  

Be constructed to a maximum height of 16 metres. Set back from the eastern, western and southern site boundaries.

The proposal does not achieve a sufficient degree of compliance with the Guidelines for Higher Density Residential Development and in particular, there are concerns with the design detail proposed which is a critical consideration given the scale of the development and the size of the site. The distribution of short and long term car and bicycle parking spaces within the development and resultant potential demand for on street car parking in the surrounding residential area and risk to the safety of cyclists is also a significant concern. On the basis of the assessment undertaken it is considered that the proposal should not be supported.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Refusal to Grant a Planning Permit be issued in respect of Application No. P635/2015 for Buildings and works for Use and development of the land for residential aged care units, independent living units, dwellings, residential hotel, child care centre, medical centre, food and drink premises, restricted recreation facility (gymnasium) and associated buildings and works, removal of easements, removal of vegetation and car parking waiver at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe, on the following grounds: Building Design and Scale 1.

The height, mass and elevational treatment of the proposal, including elements of the architecture, materials and finishes, are harsh in appearance and add to the upper level visual bulk of the building. These characteristics are contrary to the objectives of the Heidelberg Specialised and Major Activity Centre and would have an adverse visual impact on the streetscape and surrounding area, contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme, and Elements 1, 2, 3 and 5 of the Guidelines for Higher Density Development.

The proposed building does not represent the high quality of architectural design and visual interest that is appropriate taking into account the site’s exposure to Bell Street and the surrounding area.

The proposed building height, design, elevational treatment and setbacks to the south-eastern corner of the site at the street level interface with Linden Avenue would result in a built form that is visually intrusive and bulky and will have a detrimental impact upon the preferred character and appearance of the area contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing and 22.02 - Residential Neighbourhood Character of the Banyule Planning Scheme and Elements 1, 2 and 3 and 5 of the Guidelines for Higher Density Development.

Landscaping 4.

Inadequate consideration has been provided for the retention and protection of existing trees on the site, provision of landscaping around the site periphery and the protection of vegetation on adjoining land to ensure that the development is adequately softened when viewed from the surrounding area and neighbouring trees are suitably protected contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 21.06 – Built Environment, 22.02 Residential Neighbourhood Character and the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme and Elements 1, 2, 3 and 6 of the Guidelines for Higher Density Development.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Car and bicycle parking/access 5.

The proposal does not have a sufficient number of on-site car parking spaces to service the proposed use, and will lead to an unacceptable increase in on street car parking which cannot reasonably be accommodated within existing off street car parking facilities or within the surrounding road network, contrary to Clause 52.06 – Car Parking of the Banyule Planning Scheme.

The use of tandem car parking spaces, over bonnet and full height storage cages behind parking spaces will have an adverse impact on the use of the car park, particularly by visitors, and will lead to an unacceptable increase in on street car parking within the surrounding road network, contrary to Clause 52.06 – Car Parking of the Banyule Planning Scheme.

The distribution of car parking spaces for short and long term parking and the location of accessible spaces within the basement car park is not considered appropriate to service the various users of the building contrary to Clause 52.06 – Car Parking of the Banyule Planning Scheme.

The design of the bicycle parking spaces provided for residents and employees and the proposed basement car park layout does not provide an appropriate level of accessibility to the parking spaces, contrary to Clause 52.34 – Bicycle Facilities of the Banyule Planning Scheme.

Neighbouring residential amenity 9.

The proposal would result in an unacceptable level of overlooking of the secluded rear private open space and habitable room window of 43 Linden Avenue contrary to Element 2 of the Guidelines for Higher Density Development.

Future residential amenity 10.

The proposal fails to provide adequate amenity for future residents of a number of dwellings, in that a number of dwellings are not provided with appropriate levels daylight to habitable rooms and balconies, contrary to Elements 5 and 6 of the Guidelines for Higher Density Development.

Planning Permit Application:

P635/2015

Development Planner:

Nick Helliwell

Address:

37-63 Bell Street and 45 Linden Avenue, Ivanhoe

Proposal:

Use and development of the land for residential aged care units, independent living units, dwellings, residential hotel, child care centre, medical centre, food and drink premises, restricted recreation facility (gymnasium) and associated buildings and works, removal of easements, removal of vegetation and car parking waiver.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Existing Use/Development:

Former motor vehicle repairs/maintenance depot

Applicant:

Blue Whale Property Group Pty Ltd

Zoning:

Multiple land use zonings including Mixed Use, Residential Growth – Schedule 1 and General Residential – Schedule 1.

Overlays:

All of the site except for 45 Linden Avenue is affected by Design and Development Overlay – Schedule 5 – Heidelberg Specialised and Major Activity Centres. The two residential zones are affected by Vegetation Protection Overlay – Schedule 5

Notification (Advertising):

Five signs on site, notices to surrounding property owners/occupiers and notice in the Heidelberg Leader newspaper

Objections Received:

Ward:

Olympia

The proposal seeks to construct a mixed use development up to 16 storeys above ground with a maximum height of 53.57 metres (133 AHD). The proposal comprises the following:         

GP Clinic and allied health suites (903 sqm) Aged care (up to 151 beds and day respite areas) Independent Living Units (89 units) Child care (90 places) Residential hotel (156 rooms) Food and drink premises Gymnasium (539 sqm) Residential apartments (224 apartments) Parking for 541 cars, 190 bicycles and 364 storage cages within five basement levels.

The built form of the proposal comprises a perimeter block design with communal open space in the centre of the site and on roof top areas. Building height increases from three storeys in the southern part of the site up to a maximum of sixteen storeys on the northern part of the site abutting Bell Street. The northern part of the building splits into two towers at Level 6, whilst construction in the south-western corner presents as a separate building above ground level. Due to the slope of the land across the site, the western tower will be the highest part of the building. The basement car park would be accessed from three locations; one entry from the northern end of Linden Avenue serviced by Bell Street and to the north of the existing Linden Avenue road closure, one entry from Linden Avenue just to the south of the road closure and one entry from Myrtle Street, to the north of the Myrtle Street road closure.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d The architecture of the building is contemporary and comprises a variety of materials including face brick, smooth finish and painted precast concrete, timber look battens and panelised metal cladding. On site landscaping is proposed around the site perimeter, within the ground level central communal courtyard, medical suite and aged care courtyards, podium level 5 residents garden and child care centre roof top garden and play area. Off-site landscaping is also proposed within the Linden Avenue and Myrtle Street road reserves. A copy of the architectural plans and shadow diagrams form Attachment 1 to this report. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY There is no planning history that is relevant to the current proposal. SUBJECT SITE AND SURROUNDING AREA The site is located on the southern side of Bell Street between Linden Avenue to the east and Myrtle Street to the west. The site has an abuttal to each of these roads. The site is a rectangular shaped land holding comprising six parcels of land with a combined area of 8,924 square metres.

Figure 1 – Aerial view of site

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d The site has a boundary of 117.73 metres to Bell Street, 59.7 metres to Myrtle Street and 66.39 metres to Linden Avenue. The site has an area of approximately 8,924 sqm. The site is currently developed with workshop buildings with a three storey scale, associated open air car parking and a single storey dwelling. There are several exotic and indigenous trees on the site, including a 10 metre high Pin Oak located towards the south-western corner of the site (Tree 8). There is a fall across the site from east to west of approximately 8.36 metres. The site occupies a visually prominent position on Bell Street. The Bell Street entry ramp from Upper Heidelberg Road extends in front of the site for approximately half the length of the site frontage before it creates a third lane on Bell Street. The site sits below the Heidelberg - Eaglemont ridgeline which extends for a distance of some 6km from Heidelberg Heights to the north of the site to Ivanhoe to the south. To the east of the site are a number of single storey dwellings in Linden Avenue, to the rear of which is a decommissioned Yarra Valley Water Reservoir comprising a storage tank approximately 65 metres in diameter and approximately 8 metres above ground level. To the south of the site are a number of single and double storey detached dwellings and units whilst to the east on the opposite side of Myrtle Street is the Courtney and Patterson Ford dealership. A retail and commercial strip exists on the northern side of Bell Street opposite the site which includes Ivanhoe Cycles, beyond which lie residential properties to the north. A four storey apartment building is located close by on the northern side of the Bell Street off ramp, with the site of the recently approved 14 storey mixed use building at 443 Upper Heidelberg Road located approximately 70 metres to the east of the review site. The maximum height of the approved tower at No. 443 is 56.8 metres with an Australian Height Datum (AHD) of 149 metres at the highest point. The Heidelberg Central Shopping strip commences some 800 metres east of the site in Burgundy Street and the Heidelberg Railway Station is approximately 600 metres south east of the site, however both are physically separated from the site by the road configuration and the topography. PUBLIC NOTIFICATION Notification of the application was undertaken by way of direct mail to nearby property owners and occupiers, signs erected on site and a notice placed in the public notices section of the Heidelberg Leader newspaper. The formal public notice period ended on Tuesday, 1 December 2015. At the time this report was finalised, a total of 60 objections have been received although additional objections are expected and can be received up until a decision is made on the application by Council. The grounds of objection are summarised as follows: Height, bulk and design  

Overdevelopment of the site; Detrimental visual impact and amenity due to excessive height;

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d  

The style and size is inconsistent with the surrounding area; Does not address all the requirements of DDO5;

Traffic and parking      

Increased traffic in surrounding local streets; Increased parking problems in surrounding streets; Parking near impossible in the area; Access through Linden Avenue will increase traffic congestion; Inadequate provision of on-site car parking; Decreased safety for nearby residents due to increased traffic;

Nearby amenity and neighbourhood impacts        

Development of the site will adversely impact on neighbouring properties as well as the broader area; Overshadowing of nearby properties and associated loss of light; Loss of character for suburb and surrounding area; Overlooking and loss of privacy to surrounding properties; Loss of nearby property value; Increased noise from the use of development; Lack of access to open space; Anti-social behaviour arising from the associated hotel;

Other 

Contradicts Banyule’s City Plan Key Direction 1.3 to “Develop and promote safety and resilience in our community”;

An information session was held on 18 November 2015. The session provided an opportunity for the community to raise questions of both the permit applicant and Council staff in relation to the proposal and for a general discussion about the proposal. The Mayor, as Ward Councillor and neighbouring Ward Councillors were also in attendance. A further opportunity was provided for the applicant and objectors to make individual presentations in support of their submissions to Councillors and Council officers on 10 December 2015. REFERRAL COMMENTS Advice has been sought from VicRoads and Public Transport Victoria as well as Environmentally Sustainable Design, Urban and Landscape Design consultants, Council’s Developments Engineering and Environmental Health Sections and Development Planning Arborist. Additional details on external and internal referrals are contained in Attachment 2, however key advice is summarised as follows:

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d VicRoads VicRoads have advised that it raises no objection to the proposal subject to conditions requiring construction of a deceleration lane on Bell Street leading to Linden Avenue, a splitter island, signage and line marking on Myrtle Street to prohibit traffic from turning right out of Myrtle Street onto Bell Street at the cost of the applicant. Public Transport Victoria Public Transport Victoria raise no objection to the proposal. Urban Designer Key advice from the Urban Design consultant is summarised as follows: 

The subject site’s consolidation and subsequent capacity is significant and warrants consideration of some projection above 16m. The site however lacks the strategic policy direction enjoyed by 443 Upper Heidelberg Road in justifying a form of equivalent or similar visual prominence. Consequently the adoption of a 16 storey scale, greater than that approved at 443 Upper Heidelberg Road is not supported.

Any revised proposal should include: 

   

Refinement of the architectural massing including a reduction in scale to a height of 8-9 storeys to respond to the clear urban hierarchy established by the DDO5 and the Heidelberg Structure Plan and the primacy of the 14-storey scale of 443 Upper Heidelberg Road. Resolution of internal amenity impacts, particularly in relation to internal overshadowing of dwellings and communal space. Provide for deep-root planting along the southern boundary. Refinement of the architectural and material language to express a more appropriate balance of robust lower levels and lightweight upper level treatment. Further resolution of the southern interface, in acknowledgement of the effect of the General Residential Zone.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Environmentally Sustainable Design Key advice from the Environmentally Sustainable Design consultant is summarised as follows: Overall the proposed project Environmentally Sustainable Design response satisfies all of Council’s best practice ESD standards outlined within Council’s Environmentally Sustainable Design guidelines. In particular the development considers performance beyond current building standards in regards to energy efficiency and transport. Items identified within the non-certified Green Star assessment, proposed to achieve 4 stars, have been clearly outlined in detail in the relevant sections of the Sustainability Management Plan, including responsibilities at different project phases. In addition the development will involve a Green Star Accredited Professional and includes the provision of a post implementation report for all Environmentally Sustainable Design initiatives. Landscape Consultant Landscape architectural advice has identified the difficulty in providing landscaping on site as part of the proposal. Transport and Development Engineering Services Council’s Transport Section have raised concern with the shortfall of empirical on site car parking provision of 96 spaces. It is noted that this shortfall could be addressed by altering the intensity of some of the land uses within the development. The adequacy of the mix of short and long term car parking spaces and resultant potential demand for on street car parking in the surrounding residential as a result of this is also a concern. The use of tandem car parking spaces, over bonnet and full height storage cages behind parking spaces and the associated impact on the useability of parking spaces is also an issue with further potential for an increase in on street car parking within the surrounding road network. The distribution of car parking spaces for short and long term parking and the location of accessible spaces within the basement car park is not considered appropriate to service the various users of the building. The design of the bicycle parking spaces provided for residents and employees and the proposed basement car park layout is also not considered to provide an appropriate level of accessibility and safety for cyclists. In terms of drainage, an on site detention system for the basement car park would be required to be provided separately from the ground level gravity discharge detention system for the property. No part of the development would be permitted to encroach over the proposed new 5 metre wide easement extending along the southern boundary of the site with no alteration to existing topography within the existing stormwater drainage easement or stormwater overland flow path. Existing easements in favour of Banyule City Council would be required to be expunged at the cost of the developer.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Development Planning Arborist Council’s arborist raises concern that whilst a number of medium and high retention value trees have been identified on the site and adjoining land by the applicant’s consultant arborist, that these trees have not been shown on the development plans. Also, no attempt has been made in the design to retain and protect these trees and the Tree Protection Zones for these trees have not been shown on plan. Health Council’s Health Department raise no objection to the proposal. A number of recommendations are provided concerning trade waste, nuisance and noise. PLANNING CONTROLS The planning controls applicable to the site are outlined in Table 1 below: Table 1: Applicable Planning Controls Control Mixed Use Zone Residential Growth Zone – Schedule 1 General Residential Zone – Schedule 1 Vegetation Protection Overlay – Schedule 5 (VPO5) Design and Development Overlay – Schedule 5 (DDO5) Car Parking

Clause 32.04 32.07 32.08 42.02 43.02

Permit Triggered Yes Yes Yes Yes Yes

52.05

Yes

It is noted that tree controls only affect the residential zoned parts of the land holding. Four trees are proposed to be removed from the residentially zoned land with one tree, a 13 metre high Kentia Palm, requiring planning permission for removal. It is also noted that the aged care use does not require planning permission within the General residential Zone. POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy Policy SPPF Settlement Built Environment and Heritage (including sub clauses) Housing (including sub clauses) Economic Development LPPF Land Use Built Environment (Part Accessible area and part Diversity area) Local Places Safer Design Policy

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Clause 11 15 16 17 21.04 21.06 21.08 22.03

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Planning controls are detailed in Attachment 2 to this report. TECHNICAL CONSIDERATION In assessing the proposal, the following specific considerations require discussion:       

Suitability of the Land Use for the Site Height and Form of the Building Residential Neighbourhood Character Policy Assessment (Clause 22.02) Guidelines for Higher Density Residential Development External amenity considerations Traffic and Parking Tree removal

SUITABILITY OF THE LAND USE FOR THE SITE The size of the site presents an appropriate opportunity to provide a range of land uses on what is an underutilised parcel of land in a Major Activity Centre. The proposed range of uses responds to a number of key elements of the Municipal Strategic Statement including objectives relating to commercial and residential development. The uses proposed are considered appropriate for the site, subject to suitable built form, car parking and traffic provision. HEIGHT AND FORM OF THE BUILDING It is considered that the proposal does not adequately respond to the setting of the site, and the policies and planning scheme provisions which apply to it, with respect to both the height and form of the building. The proposal incorporates an overall height that is just under 53.6m, or approximately 11 to 12 storeys higher than anticipated by the site-specific Design and Development Overlay provisions which apply to the property. By way of comparison, the top of the proposed building would present as 12 storeys above the ground level at the intersection of Upper Heidelberg Road and the Bell Banksia Link. Whilst the provisions of the Scheme in relation to height and building setbacks are not mandatory and there is a strong case to allow a proposal which varies from the guidelines, there are a range of concerns that do not support the variations being sought:    

The additional height does not provide a positive contribution to the form of the building, in that its form is considered to be inappropriate in envelope and detailing as proposed; The resultant building does not respect the scale of surrounding development and the topography of the surrounding land; The scale and built form of the development challenges the primacy and urban hierarchy of the 14 storey building approved for the landmark site at 443 Upper Heidelberg Road; The built form does not respond appropriately to the residential interface to the south in terms of visual bulk and scale or building typology, particularly to the south-eastern corner of the site.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d 

The additional floor area created is not considered to be required in order to provide for an appropriate mix or intensity of land uses (in that a lower building could also provide the same range of uses), whilst the intensity of land use combined with the car park design put forward directly contributes to concerns with respect to off-site car parking.

The architectural form of the building is also considered to be inappropriate to the setting. The visual prominence of the site to Bell Street and the manner in which the upper levels of the building present to the street in a continuous slab like profile with solid walls, rather than a lightweight structure floating above a solid podium, increases the visual impact of the building within the streetscape but also in broader views from the residential areas to the north and south of the site. In addition, the Design Objective of DDO5 specifies that development such as this provide a positive contribution to the built form and public realm. As such, it is appropriate that any building constructed be of high architectural integrity. It is considered that the rectangular form of the tower elements, relatively flat nature of the facades and weight presentation of the upper level built form result in a building which does not fulfil this requirement. These concerns are supported by the Urban Design advice which Council has received in regard to the proposal. Whilst this site is prominent and presents as an excellent opportunity for a substantial infill development, it is not considered to be a ‘landmark’ site. As Council’s Urban Design consultant has commented, a more mid-rise building configuration, recognising the site’s status as one of a series of ‘common order’ urban blocks within the primary western approach to the Heidelberg Activity Centre, would be more appropriate. Whilst there may be merit in a building exceeding the height outlined in the DDO5, a significant departure without a full process to amend the guidelines and subsequently the Planning Scheme with community input would undermine the process to include the Guidelines in the Scheme as part of the Heidelberg Structure Plan. Further, the architectural quality and features of the building do not warrant such a significant departure from the Planning Scheme controls and guidelines. Council’s Urban Designer has advised that the following refinements are required to the proposal to address these concerns: 

   

Treatment of the architectural massing including a reduction in scale to a height of 8-9 storeys to respond to the clear urban hierarchy established by the DDO5 and the Heidelberg Structure Plan and the primacy of the 14-storey scale of 443 Upper Heidelberg Road. Resolution of internal amenity impacts, particularly in relation to internal overshadowing of dwellings and communal space. Provide for deep-rooted planting along the southern boundary. Refinement of the architectural and material language to express a more appropriate balance of robust lower levels and lightweight upper level treatment. Further resolution of the southern interface, in acknowledgement of the effect of the General Residential Zone.

These matters would be required to be addressed in any revised proposal.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d GUIDELINES FOR HIGHER DENSITY RESIDENTIAL DEVELOPMENT In assessing the acceptability of the more detailed design elements of the proposal, Council is required to consider the Guidelines for Higher Density Residential Development. A detailed assessment against the Guidelines is included as Attachment 3. The proposal is not considered to meet the following components of the Guidelines:             

Objective 1.1 – Neighbourhood character and strategic context Objective 1.2 - Design Response Objectives 2.1 and 2.2 – Height and massing Objective 2.4 – Street setbacks Objective 2.5 and 2.7 – Relationship to adjoining buildings Objective 2.9 – Views to and from residential units Objective 2.11 – Roof forms Objective 3.1, 3.2 and 3.3 – Street pattern and street edge integration Objective 3.5 – Building entries Objectives 4.1, 4.2 and 4.3 – Parking layout Objective 5.4 – Building layout Objective 5.6 – Design detail Objective 6.5 – Private and communal open space

The internal amenity of the residential apartments is on the whole considered to be acceptable except for the lack of access to northern light for south facing apartments and apartments overshadowed by the twin towers within the development. EXTERNAL AMENITY CONSIDERATIONS As detailed in Attachment 3, it is not considered that the proposal meets the requirements of the Guidelines in relation to overlooking of 43 Linden Avenue but meets the requirement for overshadowing of surrounding properties, including the residential properties to the south of the site. Overshadowing and overlooking of front gardens that are open to view from the street is not a basis for withholding planning permission. Overlooking The site is bordered immediately to the south by residential land. The relevant provisions of the planning scheme (Standard B22 of Clause 55.04-6) seek to restrict overlooking within 9 metres of a proposed window or balcony. A number of aged care facility windows on a number of levels would be within 9 metres of the rear garden of 43 Linden Avenue. As such, overlooking from the proposal is considered to be excessive.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d Overshadowing Whilst it is noted that there is some additional shadow cast to surrounding properties in the early morning on the equinox as a result of the proposal, this shadow is relatively fast-moving due to the height of the building and its separation from the residences. As a result, from 1pm onwards the development will not cast any shadow on the rear yard areas of the neighbouring properties to the south. It is acknowledged that the building will cast a much greater shadow extending through to some residential properties to the south in the morning period during the winter months, with some loss of direct sunlight for these properties. Although some overshadowing of these properties may be unavoidable in the morning, the extent of shadowing could be reduced with a decreased height and improved articulation of the proposed building. As compliance with Clause 55.04-5 is achieved, including for 43 Linden Avenue, it is not possible to conclude that the development will unacceptably overshadow adjoining properties. The impact of shadowing could however be further reduced through modifications to the design. A copy of the detailed assessment of the proposal against the Guidelines is annexed at Attachment 3 to this report. Anti-social behaviour arising from the associated hotel Concern has been expressed by objectors regarding the potential behaviour of patrons of the hotel. It is important to note that the proposed hotel is a residential hotel with a bistro. It is not a tavern. It is therefore anticipated that this use is unlikely to result in negative off site impacts from patrons. TRAFFIC AND PARKING It is considered that: 

Inadequate on site car parking is proposed to service the development. The proposed parking layout is also considered to be inappropriate, in that the use of tandem car parking spaces, over bonnet and full height storage cages behind parking spaces would have an adverse impact on the use of the car park, particularly by visitors, and will lead to an unacceptable increase in on street car parking within the surrounding road network.



The distribution of car parking spaces for short and long term parking and the location of accessible spaces within the basement car park would not be convenient or appropriate to service the various users of the building.



The design of the bicycle parking spaces provided for residents and employees and the proposed basement car park layout would not provide an appropriate level of accessibility to the parking spaces or safety.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d 

The southern part of Linden Avenue ie. south of the cul-de-sac, would be used to access the site for 70% of the traffic associated with the aged care use of the land ie. the Independent Living Units and Residential Aged Care facility. The remaining 30% of the traffic associated with these uses would utilise the northern part of Linden Avenue ie. accessed from Bell Street. The northern part of Linden Avenue would provide access for 70% of the childcare centre traffic (on the basis that primary childcare centre car parking areas would be located in the eastern parking areas) with 30% of childcare centre traffic also obtaining access from Myrtle Street. No other uses associated with the development will obtain vehicle access to the site from Linden Avenue. In terms of anticipated vehicle movements at the am/pm peak, these are expected to result in a maximum of 24 vehicles per hour along the southern stretch of Linden Avenue. This level of traffic is equivalent to the traffic associated with approximately 24 standard dwellings which typically generate one vehicle movement per hour during the am/pm peak. This equates to an average of one vehicle movement every two minutes. These generation rates are considered to be reasonable and the additional traffic can be easily absorbed along Linden Avenue and the local road network to the south. However, alternate options for access could be explored with the applicant.



As detailed by VicRoads, it is considered that access to the site is acceptable subject to design modifications in Bell Street being required as a condition of permit and undertaken at the permit applicant’s expense.

Details of comments from Council’s Developments Engineers and VicRoads advice is attached at Appendix 2 to this report.

TREE REMOVAL The minimisation of potential off site impacts on neighbouring trees has not been fully considered in the submitted documentation and is considered unacceptable. However, the removal of trees to enable a substantial redevelopment of the site is considered reasonable in this location. Residential Neighbourhood Character Policy Assessment (Clause 22.02) As part of the site located at 45 Linden Avenue is located within a General Residential zone, Clause 22.02 applies to the assessment of any part of the development located on this land. This therefore applies to part of the aged and child care facilities. The proposal fails to meet the objectives of Council’s Neighbourhood Character Policy. This section of the site should be developed in a manner that responds more appropriately to the existing and preferred neighbourhood character objectives for the area. This would involve presenting a more transitional built form scale and built form setback to the street at this corner of the site and a less institutional ground level presentation to Linden Avenue. A detailed assessment against the Policy is included at Attachment 4 to this report.

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PROPOSED MULTI-STOREY MIXED USE DEVELOPMENT UP TO 16 STOREYS IN HEIGHT AT 37-63 BELL STREET AND 45 LINDEN AVENUE, IVANHOE cont’d OBJECTORS’ CONCERNS The objectors’ concerns have been addressed above and in the attachments to this report, including the assessment of the proposal against the Guidelines for Higher Density Residential Development. CONCLUSION It is considered that the site provides a good opportunity for a large scale mixed use development incorporating commercial and residential land uses, but the proposal does not adequately address the particular characteristics of the site, and the Planning Scheme requirements. In particular: 

The proposal does not meet the existing preferred height and setback controls specified under the Scheme and a number of the design objectives for the site and does not provide a sufficiently high architectural quality to warrant such a significant departure from the controls;



The proposal is also not considered to achieve a sufficient degree of compliance with the Guidelines for Higher Density Residential Development;



The proposed car parking layout and distribution of short/long term car and bicycle parking is considered to be unacceptable and would be likely to result in increased parking in the surrounding road network and increased hazard for bicycle users.



Inadequate consideration has been given to the retention of existing vegetation on the site and the protection of vegetation on neighbouring land.

For these reasons it is considered that the proposal could not be supported. ATTACHMENTS No.

Title

Advertised plans

Additional Background Information (Under Separate Cover)

Assessment against Higher Density Design Guidelines

205

Neighbourhood Character Assessment

216

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4.5

MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG

Author:

Andy Wilson - Team Leader - Development Planning, City Development

Ward:

Griffin

File:

P417/15

EXECUTIVE SUMMARY This application seeks approval for the development of the land for a multi-level building (up to 8 storeys) to include medical and café uses at ground level and 131 apartments above. The application was amended in November to reduce the height from 10 storeys to 8 and increase some setbacks at the upper levels. While it is acknowledged that the development will result in a height that is greater than preferred under the Design and Development Overlay schedule 5, it is considered that the proposal is an acceptable response given the context of the site and the benefit of recently constructed buildings on Martin Street and the Burgundy Street multi-deck car park as well as provision of the correct number of car parking spaces. Importantly the building setbacks proposed to the boundaries shared with residential properties to the north and west of the subject site generally align with the Rescode setback standard profile. This suggests an appropriate consideration of visual bulk impacts to these properties. The proposal was advertised and 5 objections were received on the basis of the height and setbacks of the building, amenity impacts and car parking. A consultation meeting was convened to discuss these issues and present the amended proposal. Appropriate planting can occur on site which will act to soften the development as viewed from the north and west (being the most sensitive interfaces) and will result in an appropriate mix of uses including café, medical and residential. Conditions will be required to ensure the amenity of neighbouring properties is adequately protected. RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P417/2015 for Buildings and works to construct a multi-storey development, (up to 8 storeys), removal of vegetation, reduction of loading bay requirements, variation of easement and use the land for dwellings (131 apartments) and food and drink premises (café) at 9-11 Martin Street and 12 Powlett Street and 230 Burgundy Street HEIDELBERG, subject to the following conditions:

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d 1.

Before the use and development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the amended plans submitted on 5 November 2015 but modified to show: (a)

All dwellings to have an outdoor area of at least 8m2 with a minimum depth of 1.6 metres;

(b)

Appropriate screening measures included on the west elevation to avoid overlooking of secluded private open space and habitable room windows of 16 Powlett Street;

(c)

The ground floor layout amended to accord with the plan submitted for discussion and described as ‘Proposed ground floor plan Edition M’ which generally reduces the size of the café and results in a total of at least 173 car parking spaces on site;

(d)

The ground floor layout amended to remove reference to ‘Medical, shops and retails’ and replaced with ‘Medical’;

(e)

An area provided at ground level with convenient access from the street for the storage of residential hard waste;

(f)

Relocation of bicycle parking spaces to provide for at least 13 visitor parking spaces in a location conveniently accessed by visitors;

(g)

Landscaping as required by Condition 2 of this permit;

(h)

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

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

(ii)

The connection to the Council nominated legal point of discharge;

(iii)

The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

(iv)

The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan and STORM report and include drainage details as a result of landscaping.

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

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

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG contâ&#x20AC;&#x2122;d (j)

Where sustainable design features outlined in the Sustainable Management Plan cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc);

Landscaping Plan 2.

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

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

(b)

Medium and small sized trees provided along the northern and eastern elevations so as to provide a suitable visual buffer to residents to the north;

(c)

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

(d)

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

Prior to occupation 3.

Unless otherwise agreed in writing by the Responsible Authority the proposed development must not be occupied until:(a)

The parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority;

(b)

The garden and landscape area(s) shown on the endorsed plan(s) have been planted to the requirements and satisfaction of the Responsible Authority;

(c)

Drainage works have been undertaken and completed to the requirements and satisfaction of the Responsible Authority; and

(d)

The bicycle parking area and end-of-trip facilities are made available for residents and commercial tenants.

(e)

Basement and under-croft lighting is installed in accordance with the relevant Australian Standards.

Maintenance and Urban Design 4.

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

Any air-conditioning or cooling units, condensers and the like located on balconies must be concealed to the satisfaction of the Responsible Authority.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d 6.

All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.

All telecommunications and power connections (where by means of a cable) and associated infrastructure to the land must be underground to the satisfaction of the Responsible Authority.

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

Graffiti prevention measures 9.

10.

Any walls or spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority: (a)

textured or rough services that make it difficult to apply graffiti;

(b)

permeable fencing instead of solid walls;

(c)

buildings with high-density, low absorbency materials;

(d)

anti-graffiti coating to protect the surface when building or revitalising the walls (including façade);

(e)

sensor lighting and/or enhanced surveillance to deter graffitists;

(f)

the break up of large surfaces to minimise the canvas available for graffitists; and

(g)

measures to make surfaces less liable to graffiti.

The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.

Waste Collection 11.

Prior to the commencement of the development, an amended Waste Management Plan prepared by a suitably qualified person must be submitted to and approved to the satisfaction of the Responsible Authority. Such plan must specify that collection is to be by way of private contractor and detail: (a)

How waste and recycling materials are to be managed within the site and collected from the subject site;

(b)

Anticipated frequency, hours and duration of collection(s) having regard to the areas provided for bin storage.

(c)

How bin storage areas will be maintained to ensure there is no unreasonable emission of odour or noise;

Once approved, this management plan must be adhered to by the owner(s), permit holder(s) and operator(s) of the dwellings at all times unless otherwise approved by the responsible authority.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d 12.

No receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare and odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land.

13.

Unless otherwise agreed in writing by the Responsible Authority, prior to the occupation of the development, the owner of the land at 9-11 Martin Street and 12 Powlett Street HEIDELBERG must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement must state: (a) The owner acknowledges that all waste collection from the land will be carried out by a private provider.

Construction Management Plan 14.

Unless otherwise agreed in writing, prior to the commencement of the development hereby approved, a detailed Construction Management Plan must be submitted to and approved by the Responsible Authority. The plan must provide for: (a)

An Environmental Management Plan (which must include measures to be taken to minimise the waste generated during construction of the building and any recycling of materials;

(b)

An operational site management plan;

(c)

A Site Access and Delivery Management Plan;

(d)

An Asset Protection Plan;

(e)

An Emergency Action Plan;

(f)

A Site Security Plan;

(g)

A Work Methodology Plan and Works Program;

(h)

A Construction Phase Parking Plan that addresses parking and traffic arrangements associated with construction vehicles.

Once approved, this management plan will be endorsed to be read in conjunction with all other endorsed documents and must be adhered to by the owner(s), permit holder(s) and operator(s) of any use at all times unless otherwise approved by the Responsible Authority. Car Parking Management Plan 15.

Unless otherwise agreed in writing, prior to the commencement of the use hereby approved, a Car Park Management Plan must be prepared and approved to the satisfaction of the Responsible Authority. Such a plan must clearly identify, although is not limited to outlining: (a)

Unless otherwise agreed in writing, parking must be allocated as follows: (i)

Four spaces to the food and drink (café) premises to be set aside for staff parking.

(ii)

12 spaces to the medical centre set aside for staff and patient parking.

(iii)

One space to each of the dwellings.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d (b)

Details of any warning light / boom gate systems etc. to control and manage the movement of vehicles in the basement.

(c)

Where storage enclosures are provided at the end of a car space, the enclosure must be allocated to the dwelling or commercial tenancy that has been allocated the car space.

(d)

Details as to how it will be brought to the attention of prospective purchasers that occupants of the dwellings or commercial premises on the land have no entitlement to on-street or off-street parking by way of a resident or trader vehicle parking permit.

Car Parking / Access 16.

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

17.

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

18.

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

19.

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

20.

The loading and unloading of goods from vehicles and the delivery of goods must at all times be carried out within the boundaries of the subject land.

Loading and Unloading 21.

Unless with the prior written consent of the Responsible Authority the loading and unloading of goods associated with the operation of the commercial and medical premises must not occur outside of the hours of 7.00am to 10.00pm.

Amenity 22.

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

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d 23.

Noise emissions from the food and drink premises must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1, State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, the Environment Protection Authority’s Noise Control Guidelines Publication 1254, October 2008 and the Public Health and Wellbeing Act 2008.

24.

Effluent or polluted drainage must not be allowed to discharge beyond the boundaries of the subject land onto other land or any street or road or directly or indirectly into any watercourse.

Food and Drink Premises (café) 25.

Except with the prior written consent of the responsible authority, the food and drink premises hereby permitted must not be open to the public except between 7.00am and 10.00pm Monday to Sunday.

Medical Centre 26.

The number of medical practitioners on site must not exceed 1 to each five parking spaces (or 1 to three spaces for a subsequent practitioner where more than one practitioner is employed in a given medical centre). A total of 12 parking spaces are allocated to medical centre use on site.

Time Limits 27.

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

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



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



The use is not commenced within four years of the date of this permit; or



The use is discontinued for a period of two years.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a) Before the permit expires, or (b) Within six months afterwards, or (c) Within 12 months afterwards if the development started lawfully before the permit expired. PERMIT NOTES A.

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

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d B.

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

Building over Easements No structure, including sheds and water tanks shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

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

Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan.

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

A “Memorandum of Consent for Works” for any works within the road reserve; and/or A “Drainage Connection Permit” for any works other than within a road reserve.

Building Site Code of Practice All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

Planning Permit Application:

P417/15

Development Planner:

Andy Wilson

Address:

9-11 Martin Street & 12 Powlett Street & 230 Burgundy Street HEIDELBERG

Proposal:

Buildings and works to construct a multi dwelling development (up to 8 storeys) including 131 apartments, removal of vegetation, reduction of loading bay requirements and variation of easement

Existing Use/Development:

Residential and medical

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d Applicant:

BEG Developments Pty Ltd

Zoning:

Special Use Zone (SUZ3)

Overlays:

Vegetation Protection Overlay (VPO5) Design and Development (DDO5)

Notification (Advertising):

3 signs on site Notices to surrounding and nearby properties Notice in Heidelberg Leader

Objections Received:

Ward:

Griffin

The application, as formally amended on 5 November 2015, proposes a mixed use development including 131 apartments over 8 levels with a mix of medical and café uses at ground level. Level 1 includes floor to ceiling heights suitable to accommodate future retrofitting to medical use if required. 167 car parking spaces are proposed on site, which would result in a shortfall of 6 spaces, however a discussion plan has been submitted (edition M) which demonstrates how the ground floor could be designed to accommodate the required number of car parking spaces. This can be viewed at Attachment 2 of this report. The building is proposed to have a maximum height of approximately 26 metres when measured on the Martin Street frontage. The building then steps down incrementally towards the Powlett Street (west) and north boundaries. The building wil be constructed to the boundary at Martin Street (setback 2.4 metres from level 4 up) and setback approximately 3 metres from the western boundary at ground level. It is also noted that the site is able to take advantage of a wide road reserve in Powlett Street resulting in a setback of over 25 metres from the edge of the kerb. The building proposes to incorporate a range of materials and colours including patterned precast concrete panelling, metal panelling and some limited use of timber panelling, cement render and brick. The proposal will also result in the removal of a number of trees from the site, including 6 trees that are protected under the Vegetation Protection Overlay (VPO5). Four of these trees are located on the adjoining site to the south (trees 1, 2, 3 and 10) which has been developed as a car park in association with the Austin hospital. The applicant has obtained consent from Austin Health to remove the trees marked for removal subject to replacement planting to the consent of Austin Health. The two remaining trees are located towards the Martin Street frontage of the site and are also in good condition. It is considered that any approved landscape plan as part of the Austin Hospital car park should be amended to reflect appropriate replanting. A landscape concept plan has been submitted and indicates the planting of some low level landscaping throughout the perimeter of the site with some opportunity for medium tree planting along the north and western boundaries. The development plans can be found at Attachment 1.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG contâ&#x20AC;&#x2122;d 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 This application was lodged with Council on 29 April 2015 and initially sought the construction of a 10 storey development with 152 apartments. The application was amended on 3 August to include a reduction of the loading bay requirements. Following public notification the application was amended a second time to remove two levels of development and reducing the number of apartments to 131. The amended layout also removed the previously proposed library/lounge and theatre rooms at ground level. In addition, the extent of basement car parking was reduced.

Figure 1: Locality Plan

SUBJECT SITE AND SURROUNDING AREA The subject site has frontage to both Martin and Powlett Streets at the western end of the Heidelberg Medical Precinct. The surrounding area to the east is typically defined by medical and allied health uses with some residential use as well. Land to the north and west is primarily residential. Land immediately to the south is a multideck carpark used by the Austin Hospital. Land immediately to the west of the site is a wide road reserve.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d PUBLIC NOTIFICATION Public notification was conducted by means of erecting three signs on the site, posting notices to the owners and occupiers of surrounding properties and placing a notice in the Heidelberg Leader. To date five objections have been received. Grounds of objection are summarised as follows: 

Height and bulk of the building;



Building height inconsistent with the relevant planning policy;



Car parking and waiver of loading bay requirements;



Residential amenity including overlooking, overshadowing and noise;



Removal of vegetation.

CONSULTATION Following the receipt of amended plans, a consultation meeting was held between objector parties, the applicant, Ward Councillor and officers on the evening of 25 November 2015. The meeting provided an opportunity for objectors to review the amended plans and ask questions regarding their concerns. At the time of writing this report, an additional consultation session was being arranged to meet with objector parties, prior to the Council meeting. REFERRAL COMMENTS ENGINEERING SERVICES No objection although it is noted that visitor bicycle parking should be moved so as to be more accessible to the public. No concerns have been raised with regards to the reduction in height of the loading bay requirements from 4 metres to 2.2 metres. Furthermore, Council’s engineers have no objection to the variation to the easement. WASTE MANAGEMENT An appropriate area for the storage of hard waste for collection should be provided on the plan. PUBLIC TRANSPORT VICTORIA No objection

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d PLANNING CONTROLS Table 1: Planning Controls Control Special Use Zone – Schedule 3 (Residential and Medical Services Precinct) Vegetation Protection Overlay – Schedule 5 Design and Development Overlay – Schedule 5 Car Parking Higher Density Residential Guidelines

Clause 37.01

Permit Triggered Yes

42.02 43.02 52.06 52.35

Yes Yes No No

POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy Policy SPPF Settlement Built Environment and Heritage (including sub clauses) Housing (including sub clauses) LPPF Land Use Built Environment (Diversity area) Local Places Safer Design Policy

Clause 11 15 16 21.04 21.06 21.08 22.03

An assessment of the proposal against the relevant planning policy, including an assessment against the Guidelines for Higher Density Residential Development is detailed in Attachment 3 to this report. TECHNICAL CONSIDERATION HEIGHT AND SETBACKS The subject site is located within the Heidelberg Activity Centre and is therefore suitable for some intensification of development. However, it is also noted that intensification of development needs to respond to the traditional residential character outside the designated Activity Centre. The built form outcome for the site therefore must balance the priorities of the planning scheme to encourage a level of development intensification on one hand while at the same time being mindful of the impact of the development on surrounding properties. It is noted that the proposal has been assessed against the Higher Density Residential Guidelines and is found to be compliant while being higher than the preferred height for this precinct under the Planning Scheme Design and Development Overlay.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG contâ&#x20AC;&#x2122;d When the application was first lodged, concerns were raised regarding the height and setbacks of the building and its consistency with the preferred height of 10 metres for the site, as specified within the Design and Development Overlay (DDO5). Following public notification, the applicant amended the proposal reducing the height from 32 metres to 25 (reduced by two levels) as well the reduction of three apartments from the western elevation of level 6 and reduction of five apartments from level 7. This results in a building that is approximately 1 level higher than the existing multi-level car park to the south. This level above consists of six apartments in the south eastern corner of the site, being the least sensitive interface and furthest away from residential properties. While the height, after being amended, remains more than twice the preferred height for this area of the Activity Centre, it is considered that this site is uniquely positioned to accommodate heights that exceed the preferred height. This is as a result of the existing built form surrounding the site to the south and to the east. The multi-deck carpark to the south of the site is approximately 21 metres in height and the building at 8-10 Martin Street, diagonally opposite the subject site, has been constructed at a height of approximately 29 metres at the Martin Street frontage. In addition, buildings on the opposite side of Martin Street (to the east) which have not yet been developed are permitted to be constructed to heights of 25 metres (12 Martin) and 19 metres (14 Martin). On this basis it is considered the context of the site allows for some increase in height and it is also considered the applicant has designed the building so as to acknowledge the most sensitive interfaces. In particular, the building maintains a minimum setback of 3.4 metres from the northern interface with 16 Powlett Street, the nearest residential property. At level 4 this setback increases to 7 metres, at level 5 the minimum setback is 7 metres but the majority of the building is setback 12 metres on the north and 10 metre on the east elevations. At level 7 the building is setback almost 17 metres from the northern boundary, the interface with the neighbour at 16 Powlett Street. These setbacks are considered to be acceptable and will result in generous landscape planting opportunities along the northern elevation including small to medium trees to soften the appearance of the building. As the building increases in height so do the setbacks, resulting in an acceptable level of visual bulk. With respect to properties to the west on Powlett Street, it is acknowledged that the proposed height of the building will result in some modification to the outlook from these properties and the introduction of an extent of built form that is larger than currently on site. However, there is at least 40 metres between the front property boundary of the properties on Powlett Street and the property boundary of the subject site. Furthermore, the building has been designed to reduce its visual dominance when viewed from the west, taking on a stepped form with its massing pushed to the Martin Street end of the site. The height and setbacks will minimise the visual impact of the building with the most upper level forming a minor component in what will be seen from Powlett Street.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d USE OF BUILDING The subject site is located within the Special Use Zone Schedule 3 which is described as the ‘Residential and Medical Services Precinct’. The purpose of this zone is to encourage medical services and to enable a mix of uses within developments that provide dwellings at upper levels as well as protect the amenity of patients and nearby residents. The proposal has responded to this purpose by providing 242m2 of ‘medical, shops and retail’ and 104m2 of café, both at ground level. Level 1 above provides for floor to ceiling heights of 3.6 metres, allowing scope for future retrofitting for medical use at this level if required. Levels 2-7 above this is residential. While the designation ‘medical, shops and retail’ is not specific, it allows for flexibility depending on the demand for medical use in this area. However, it is noted that retail premises (with a few exceptions including food and drink premises) is prohibited under the zone. Furthermore, to ensure medical uses are given a priority above other non-medical uses, it is considered that a condition of any approval should be included to require this space to be designated as medical. In addition, the applicant has calculated a car parking ratio based on 1 medical practitioner per 100m2 of medical use floor area. A condition of any approval should require that this ratio is not exceeded without further consent. AMENITY IMPACTS With regards to overlooking, all windows and balconies within 9 metres of the northern elevation have been treated appropriately to minimise any overlooking to the property to the north. However, the elevation plans do not indicate treatment for windows and balconies for apartments on the west elevation that are within 9 metres of the property to the north. A condition of any approval granted will ensure that these windows and balconies are appropriately screened. With regards to overshadowing, the property to the south is a multi-deck car park and is therefore not an issue. 16 Powlett Street will receive some overshadowing in the morning as a result of the part of the proposed building that wraps around the east (rear) of this site, however this would not unreasonably overshadow the extent of private open space for this dwelling. CAR PARKING The amended proposal includes the construction of 167 car parking spaces on site, 131 bicycle parking spaces and 15 motorbike parking spaces. However, the amended proposal results in a redesigned layout for the ground level, introducing a large café and reducing the size of the area dedicated to ‘medical, shops and retails’. This would result in a car parking demand of 173 spaces, requiring a reduction of 6 spaces. However, the applicant has provided a discussion plan which redesigns the layout of the ground floor, reducing the size of the café and increasing the number of car parking spaces. This will result in 173 car parking spaces and will comply with the statutory demand for car parking. A condition of any approval granted should require the plans to be amended to reflect the ground floor layout as shown on the discussion plan described as edition ‘M’. The proposal includes an excess of on site bicycle parking, however no spaces have been designated for visitor use. A condition of any approval granted will require 13 spaces (the statutory requirement) to be designated to visitor use and easily accessible to the public.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG cont’d LANDSCAPING AND TREE REMOVAL The proposal will result in the removal of 6 trees that are protected under the Vegetation Protection Overlay (VPO5). Four of these trees are located on the neighbouring property to the south. The owner of this property (Austin Health) has consented to this removal subject to an appropriate selection of replacement planting. While the removal of these trees is not encouraged, even if they were to be retained they would offer little landscape amenity as they would be located within a five metre wide strip between two buildings of at least 21 metres height. Therefore, the replacement planting of suitable species is considered to be an acceptable outcome. The two trees towards the frontage of the site that are proposed to be removed, while being rated as in good condition, can be replaced with planting in locations that would better benefit the neighbouring properties. Spaces are available, particularly on the north and eastern boundaries, to accommodate small to medium tree planting and understorey landscaping. Setbacks generally between three to five metres on the north elevation and three metres on the west elevation (without basement below) have been maintained to accommodate suitable tree planting. This is considered to be an acceptable outcome. OBJECTOR CONCERNS The majority of objector concerns relate to the height, bulk and setback of the proposed building which has been addressed in detail above. The amenity issues including overshadowing and overlooking have also been addressed and are considered to be acceptable. The concern about car parking has been addressed in that the required number of car parking spaces on site can be accommodated and a modified ground floor layout will be required as a condition of any approval to ensure the car parking number matches the floor area allocated for medical and café uses, as demonstrated in the discussion plan edition ‘M’. Concern was also raised about the waiver of loading bay requirements however, a loading bay has been provided although its dimensions do not satisfy the requirements within the planning scheme (i.e. the height is proposed at 2.2 metres not the required 4 metres). This will still allow for smaller vehicles to provide for loading and unloading on site and this should be sufficient to satisfy the needs of the proposed uses. The concern about vegetation removal has been addressed above and the protected trees to be removed are considered suitable for removal with sufficient space on site to accommodate replanting.

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MIXED USE DEVELOPMENT AT 9-11 MARTIN STREET & 12 POWLETT STREET AND 230 BURGUNDY STREET, HEIDELBERG contâ&#x20AC;&#x2122;d CONCLUSION The proposed construction of a mixed use building and vegetation removal is considered to be an appropriate outcome for the site, despite the height exceeding the preferred maximum as specified within the Design and Development Overlay (DDO5). The most sensitive interfaces have been responded to with appropriate setbacks and massing of the building to minimise amenity impacts to surrounding properties. Furthermore, the proposal satisfies the Higher Density Residential Guidelines. The extent of vegetation removal is also considered acceptable and can be replaced with appropriate tree planting elsewhere on the site.

ATTACHMENTS No.

Title

1 2

Plans (Under Separate Cover) Discussion plan - modified ground floor layout

221

Planning policy and assessment

223

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015)

Author:

Susan Stearn - Development Planner Consultant, City Development

Ward:

Hawdon

File:

P715/2015

EXECUTIVE SUMMARY This report considers planning permit application P715/2015 which seeks approval for a multi-dwelling development (2 double storey dwellings) at 33 Airlie Road Montmorency. It is considered that a permit should be issued subject to standard conditions as well as specific changes which seek to address non-compliance with Councilâ&#x20AC;&#x2122;s Residential Neighbourhood Character Policy. This includes removal of an upper level cantilevered element from dwelling 1 which is suggested could present as top heavy and inconsistent with the Airlie Road streetscape. The proposed tree removals from the site largely include non-protected weed species. The removal of trees on site is compensated for by a high level of replacement planting including large and medium trees. Replacement planting will ensure the site positively contributes to the established and preferred neighbourhood character.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) contâ&#x20AC;&#x2122;d RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Planning Permit in respect of Application No. P715/2015 for development of two double storey dwellings, fence within 10m of the boundary and associated tree removal at 33 Airlie Road MONTMORENCY subject to the following conditions: Plans 1.

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

The fencing serving the service yard of Dwelling 1 removed and relocated behind the side wall of Dwelling 1 with associated relocation of the laundry access.

(b)

Bedroom 2 of Dwelling 1 to be recessed at least 0.5m behind the ground level sitting room wall and internal changes as necessary.

(c)

Muted earthy tones applied to the upper floor of Dwelling 1.

(d)

The upper level of Dwelling 2 to be recessed at least 0.5m from the lower level as it presents to the north.

(e)

The east facing upper floor window of Dwelling 2 serving bedroom 2 provided with fixed screening to a height of 1.7m above finished floor level with not more than 25% transparency.

(f)

Landscaping as required by Condition 2 of this permit;

(g)

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

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

(ii)

The connection to the Council nominated legal point of discharge;

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

The Tree Preservation Fencing in accordance with Condition 11 of this permit;

(i)

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

(j)

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

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(k)

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

(l)

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

(m)

Provision of 2 advanced street trees to each street frontage to the cost of the developer and to the satisfaction of Councils Parks and Gardens Department.

(n)

A corner splay or area at least 50 per cent clear of visual obstructions extending at least 2m along the frontage road from the edge of the exit lane and 2.5m along the exit lane from the frontage, to provide a clear view of pedestrians on the footpath of the frontage road. The area clear of visual obstructions may include an adjacent entry or exit lane where more than one lane is provided.

(i)

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) contâ&#x20AC;&#x2122;d

Council may consider allowing solid structures (including letterboxes, meter boxes, fences and retaining walls) to be located within the 2m x 2.5m splayed area adjacent to the driveway entrance provided they are constructed to a maximum height of 900mm, to ensure adequate sight distance to pedestrians.

The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be modified to reflect the changes required as per Condition 1 and generally in accordance with the landscaping plan prepared by MEMLA pty ltd titled Revision B dated 21/8/2015 Drawing LC submitted with the application.

General 3.

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

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

(a)

The tree protection measures required by Condition 11 are installed to the satisfaction of the Responsible Authority.

(b)

The necessary approvals and associated fee for the removal and replacement of the existing street tree(s) insert trees, which is/are shown on the plans to be removed, must be obtained and paid to the Responsible Authority (Banyule Tree Care Department).

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

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d Urban Design / External Appearance 6.

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

Car Parking / Access 7.

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

Tree Protection / Landscaping 10.

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

11.

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

Extent Tree Preservation Zones are to be provided to the extent of the canopy of Tree #10 indicated as being retained on the endorsed plan.

(b)

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

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(c)

(d)

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d Fencing (i)

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

(ii)

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

(iii)

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

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

(e)

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

(f)

Access to Tree Preservation Zone (i)

(ii)

(iii) (iv)

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

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:  Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;  All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;  Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist. Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) contâ&#x20AC;&#x2122;d 12.

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

Time Limits 13.

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

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

(b)

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

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

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

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

PERMIT NOTES (A)

(B)

Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit). Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for: 

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



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

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

Action on/for completion Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Dwelling 1 Dwelling 2

33 Airlie Road MONTMORENCY 2 McColl Street MONTMORENCY

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d

Planning Permit Application:

P715/2015

Development Planner:

Susan Stearn

Address:

33 Airlie Road, Montmorency

Proposal:

development of two double storey dwellings, fence within 10m of the boundary and associated tree removal

Existing Use/Development:

Existing double storey dwelling

Applicant:

Mr. Chris Freeman

Zoning:

Neighbourhood Residential Zone

Overlays:

Vegetation Protection Overlay (VPO1) Design and Development Overlay (DDO8)

Notification (Advertising):

Yes – signs presenting to both frontages and notices to owners and occupiers of surrounding properties.

Objections Received:

Nil

Ward:

Hawdon

The proposal is for the development of two new contemporary style double storey dwellings. Dwelling 1 will present to Airlie Road with a setback of 9.0m and Dwelling 2 presents to McColl Street has a setback of 3.0m. Both dwellings are 4 bedrooms with additional study and theatre rooms and both are provided with double garages. Secluded outdoor living areas are provided to the north and east. The proposal involves the removal of one tree protected by the vegetation protection overlay. 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 Details of previous planning applications for this site are as follows: 

P604/2014 – Development of three (3) two storey dwellings, vegetation removal and buildings and works – Refused 18 December 2014.

The proposal was refused under delegation on grounds of: -

lack of strategic support for the scale and density of the proposal overbearing impact on neighbouring property and associated impact on neighbouring residential amenity contrary to both the existing and preferred neighbourhood character

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d 

unreasonable encroachment within the Tree Protection Zone of a neighbouring tree inadequate space provided for canopy tree planting and landscaping fencing detrimental to the landscape character of the area the layout does not maximise solar access to the north facing windows Appeal lodged by applicant. Substituted plans were prepared for the hearing but not considered to satisfactorily address the above concerns. -

VCAT Order (ref: P11/2015) - The decision of the Responsible Authority is affirmed, no permit issued - 15 June 2015.

Locality Plan

SUBJECT SITE AND SURROUNDING AREA The subject site is a residential lot located on the north east corner of the intersection between Airlie Road and McColl Street. The lot is rectangular in shape. The frontage to Airlie Road measures 15.86m and to McColl Street 49.45m. The site has a fall from the south to the north of approximately 2.7m over the length of the site. The site is presently developed and contains a large double storey weatherboard dwelling which presents to Airlie Road with associated carports within the front setback. The site has three existing vehicle crossings, one located centrally to Airlie Road, and two crossings onto McColl Street, one centrally located and one to the north.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d The site contains a number of large trees and associated understorey planting. Private open space is provided within the northern portion of the site. An easement extends across the northern boundary for a width of 1.83m. Site area Subject to flooding?

986.2m2 No

PUBLIC NOTIFICATION It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding properties. To date no objections have been received. REFERRAL COMMENTS ENGINEERING SERVICES Council’s Engineering Services Section have reviewed the proposal and raised no major concerns. Formal comments are available on file. Standard conditions relating to access, parking areas and drainage requested should be included on any approval issued. DEVELOPMENT PLANNING ARBORIST The proposed tree removals have been assessed under the previous permit application TP604/2014. Those trees proposed for removal are weed species or of low retention value. Tree protection conditions will be provided for those trees within adjoining properties. The previous application as well as the current proposal has both been reviewed by Councils arborist who raises no concerns with the proposed removal subject to suitable tree protection measures for those to be retained. The proposal involves the removal of all trees form the site. Tree #11 is a Yellow Box which is protected under the Vegetation Protection Overlay having a height of 9.25m and a trunk diameter of 26cm. The removal of this tree was previously supported by the Council under P604/2014. Tree protection measures will be provided to Tree #10 which is located within the adjoining property. PLANNING CONTROLS Neighbourhood Residential Zone – Schedule 3 In accordance with Clause 32.09-5 a permit is required to construct two or more dwellings on a lot. The proposal is for two dwellings and as such a permit is triggered under this control.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d Vegetation Protection Overly – Schedule 1 A permit is required for the removal or lopping of any native vegetation with a height greater than 5.0m and a trunk diameter greater than 16cm at 1.0m above natural ground level in accordance with Clause 42.02-2. The proposal requires the removal of one native tree not listed as an exemption being #11 a Yellow Box. As such, the proposal triggers a permit under this control. Design and Development Overlay – Schedule 8 A permit is required for a fence or retaining wall within 10 metres of the front boundary or sideage to a street. The proposal involves a side boundary fence presenting to McColl Street within 3.0m of the frontage. In accordance with Clause 43.02 a permit is required. TECHNICAL CONSIDERATION Neighbourhood Character Policy The principle of the flat contemporary built form was also accepted by the tribunal in the previous decision on the site Banyule City Council v Chris Freeman Ref P11/2015 which stated the following: “It is important to recognise that contemporary designs can have a role in these character areas.” It is considered on balance that the proposed roof form will be an appropriate contribution to the streetscape which is still sympathetic to the varied architectural styles in the area. Dwelling 2 is double storey. The upper floor as it presents to the east, west and north is articulated. However, as it presents to the street the upper floor cantilevers the front façade by 0.5m for a width of 6.4m across the frontage. The cantilevered aspect of the design is treated with a dark grey render which further exaggerates the built form. The built form includes flat roofs, and while no consistent with the majority of the surrounding built forms can be considered as an appropriate variation which will contribute to the variety of housing styles. In respect to the façade, the combined impact of the flat roof, dark grey rendering treatment and the cantilevering is considered to result in variation to preferred neighbourhood character and may detract from the preferred neighbourhood character. As such, by way of permit conditions it is considered appropriate to condition the upper floor with respect to the frontage to be set back 0.5m behind the ground floor level. Conditions will also require the introduction of more muted tones which further soften this aspect of the built form. It is considered that conditions to the setback and building colours will reduce the dominance of this upper floor and will be a more sensitive interface to the street.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) contâ&#x20AC;&#x2122;d Dwelling 2 as it presents to the north is set well forward of the adjoining dwelling. Permit conditions will require the first floor be articulated form the lower level by at least 0.5m to aid articulation. Permit conditions will also require muted earthy tones applied to the upper floor. Design and Development Overlay The proposal will result in the replacement of a large number of trees on the site including two large canopy trees presenting to Airlie Road and at least 6 medium trees presenting to McColl Street. Additional landscaping will be provided throughout the site and between the dwellings. The development is capable of not only maintaining the established landscaped character of the area but positively contributing to it though the associated replacement. Front setbacks to both streets provide sufficient areas for meaningful tree planting and landscaping to occur. A side boundary fence is proposed serving Dwelling 1. Given the objectives of this overlay it is considered that the inclusion of a 1.5m increasing to 1.8m high fence presenting to McColl street is not consistent with the objectives of this policy. As such, permit conditions will require the fence to be relocated to the side of Dwelling 1 to maintain the openness to the street. The removal of the fence will provide additional opportunities for landscaping and further maintain the spaciousness of the bush garden character. It is considered that the proposal is consistent with the objectives of the overlay and subject to permit conditions for the fence removal and replacement planting is supported. Vegetation Protection Overlay The proposal involves the removal of all trees form the site. Tree #11 is a Yellow Box which is protected under the Vegetation Protection Overlay having a height of 9.25m and a trunk diameter of 26cm. The removal of this tree was previously supported by the Council under P604/2014. No issues have been raised by Councils arborist with regards to the removal of this tree which is supported subject to replacement plantings on site. Tree protection measures will be provided to Tree #10 which is located within the adjoining property. As discussed previously, permit conditions will require the replacement planting on site of large and medium trees. The number of replacement trees exceeds those proposed for removal and will ensure appropriate species are selected which will warrant protection by the overlay controls. It is considered that the replacement planting will ensure that the development not only responds to the established landscaped character but goes further so as to positively contribute to it.

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MULTI DWELLING DEVELOPMENT AT 33 AIRLIE ROAD, MONTMORENCY (P715/2015) cont’d CONCLUSION The proposed development is consistent with State and Local Planning Policies, including Council’s Residential Neighbourhood Character Policy and complies with Clause 55 of the Banyule Planning Scheme. As such, the application should be supported with appropriate conditions. ATTACHMENTS Nil

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4.7

NORTH EAST LINK - QUARTERLY REPORT

Author:

Michelle Herbert - Senior Transport Engineer, City Development

File:

F2013/333

Previous Items Council on 21 September 2015 (Item 4.4 - North East Link - Quarterly Report) Council on 9 June 2015 (Item 4.3 - North East Link - Quarterly Report) EXECUTIVE SUMMARY There has been no indication by the State Government and VicRoads of any progress on planning for the proposed North East Link in the three months since last reported to Council. VicRoads indicated recently that they currently have no plans or direction to commence planning for the North East Link. Council will continue to advocate for the North East Link as a direct orbital link between the Metropolitan Ring Road and Eastlink in line with the recently adopted Banyule Integrated Transport Plan 2015-2035. This position was reinforced by Council at a briefing of Council by VicRoads on 23 November 2015. Additionally, many community members requested an orbital North East Link at a recent community meeting held in connection with the Bolton Street upgrade. RECOMMENDATION That Council note that the State Government and VicRoads have not progressed planning for the proposed North East Link and that Council continues to advocate for the North East Link as a direct orbital link between the Metropolitan Ring Road and Eastlink in line with the recently adopted Banyule Integrated Transport Plan 20152035. 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 “support sustainable transport”. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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NORTH EAST LINK - QUARTERLY REPORT cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. BACKGROUND At its meeting on 14 December 2009, Council considered an initial report on the status of the proposed North East Link and an overview of relevant Council resolutions and positions on the link, regional transport, and associated heritage and environmental issues. Council resolved in part as follows: “That Council officers report to the Council every three months on the response from the Minister, VicRoads or other Government departments or agencies on progress in the planning of the North East link.” In line with this resolution Council considered the most recent report on this matter on 21 September 2015, and resolved that Council: “Note that the State Government and VicRoads have not progressed planning for the proposed North East Link and that Council continues to work with VicRoads to advance transport and road safety improvements in Banyule.” DISCUSSION VicRoads has indicated that the State Government has given VicRoads no directive to progress planning for the North East Link. At its Meeting of 19 October 2015, Council resolved to adopt the Banyule Integrated Transport Plan 2015-2035. A key action of the Banyule Integrated Transport Plan is to: Advocate for a North-East Link as a direct orbital link between the Metropolitan Ring Road to Eastlink. This position was reinforced by Council at a briefing of Council by VicRoads on 23 November 2015. Additionally, many community members requested an orbital North East Link at a recent community meeting held in connection with the Bolton Street upgrade. CONCLUSION There has been no indication by the State Government and VicRoads of any progress on planning for the proposed North East Link in the three months since last reported to Council. Council will continue to advocate for the North East Link as a direct orbital link between the Metropolitan Ring Road to Eastlink in line with the recently adopted Banyule Integrated Transport Plan 2015-2035. Council continues to actively work with VicRoads to progress a number of ongoing transport improvements and road safety measures in Banyule.

ATTACHMENTS Nil

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5.1

Participation – Community Involvement in Community Life

ANNUAL SOMALI COMMUNITY FESTIVAL

Author: Darren Bennett - Manager Leisure, Recreation & Culture, Community Programs Ward:

Olympia

File:

F2014/5334

EXECUTIVE SUMMARY At the Ordinary Meeting of Council held on the 30 November 2015, Council resolved the following: “That a report be prepared and presented to Council on the 14 December 2015 regarding potential Council support for the Football (soccer component) of the Annual Somali Cultural Celebration.” The Annual Somali Cultural Celebration is an initiative of the Youth Activating Youth Inc. The primary objective of this organisation is to enhance the social inclusion of marginalised and disadvantaged youth in multicultural communities. Youth Activating Youth Inc. has requested Council consider the following additional support:   

$5,000 cash grant to assist with the cost of the overall festival $3,000 in-kind support for the possible ground renovations $1,500 in-kind support for the additional rubbish bins and collection

Officers have met with representatives from the Youth Activating Youth Inc.to discuss the proposal and are currently assisting the group to finalise an event permit application. The organisers are expecting between 350-500 people each day of the event. Youth Activating Youth Inc. has indicated support from the Victorian Police has been confirmed and police and security will be on site during the event. Given the Community Grant application process has closed for 2015 officers have suggested Youth Activating Youth Inc. apply for funding during the 2016 funding round for future events. Officers have also discussed the proposal with the Heidelberg United Football Club (HUFC) who are the primary seasonal tenant at Olympic Park and also hold a lease that covers the main grandstand within the complex. The HUFC supports the proposal however have identified a number of additional items that will need to be considered such as ground marking, ground set up (nets and corner flags and cleaning of the home and away dressing rooms/showers and public toilets). The provision of in-kind support for ground renovations which may be required after the event and additional provision of rubbish bins and collection service is considered appropriate support for this group however a cash donation outside the Community Grant process is not supported. The final logistics for the event will be finalised during a further meeting with the organisers.

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ANNUAL SOMALI COMMUNITY FESTIVAL cont’d RECOMMENDATION That Council: 1.

Provide in-kind support up to the value of $3,000 for ground renovations which may be required after the event.

Provide in-kind support up to the value of $1,500 for additional rubbish bins and collection service.

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 “promote and support health and wellbeing”. BACKGROUND The Annual Somali Cultural Celebration is an initiative of the Youth Activating Youth Inc. The primary objective of this organisation is to enhance the social inclusion of marginalised and disadvantaged youth in multicultural communities. The project is particularly important to the community as it aims to celebrate Somali culture in Australia. This community event is held annually with the initial objective of promoting unity within the Australian Somali community through their love of art, folk dancing, fashion, football and a host of other activities that contribute to the overall identity of the nation. This Annual Somali Cultural Celebration will be held between the 20 December 2015 and the 27 December 2015. To achieve the outcomes of the celebration, the group propose to use different platforms such as art, music, football (soccer), fashion and increase the skills of volunteers to enhance the community’s self-efficacy and future self-sustainability. The Cultural Celebrations will primarily be delivered within Banyule, Darebin and Hume City Council’s between the 20 and the 27 December 2015. Youth Activating Youth Inc. has requested the use of Olympic Park to host the Semi Finals and Finals of a soccer tournament being staged as part of the overall Celebration. This component will take place on the 26 and 27 December 2015 and Youth Activating Youth Inc. has requested Council consider supporting the event. Officers met with representatives from Youth Activating Youth Inc. on the 11 November and explained the Community Grants process for 2015 have closed and a further round will be available in 2016. Youth Activating Youth Inc. has requested Council consider the following additional support.

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•

$5,000 cash grant to assist with the cost of the overall festival

•

$3,000 in-kind support for the possible ground renovations

•

$1,500 in-kind support for the additional rubbish bins and collection

5.1

ANNUAL SOMALI COMMUNITY FESTIVAL cont’d

Youth Activating Youth Inc. have indicated they have received in-kind support from Hume City Council for the overall organisation of the festival and also received a $5,000 from the State Government. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Officers have met with representative’s form the Youth Activating Youth Inc.to discuss the proposal and are currently assisting the group to finalise an event permit application. The organisers are expecting between 350-500 people each day of the event. Youth Activating Youth has indicated support from the Victorian Police has been confirmed and police and security will be on site during the event. The organisers have also agreed to pay a bond for use of the venue and will be responsible for the general rubbish that may be generated throughout the venue. The organisers have agreed to pick up any rubbish through the grandstand and the grounds however if the rubbish pick up is not completed in a satisfactory way a further charge will be deducted from the bond. The organisers are also aware of their responsibilities in relation to food handling and overall insurances for the event. The final logistics for the event will be confirmed during a further meeting with the organisers to finalise the event permit application. FUNDING IMPLICATIONS In addition to the in-kind support, Youth Activating Youth Inc. has also requested Council consider a $5,000 cash grant to assist with the cost of the overall festival. Given the Community Grant application process has closed for 2015 officers have suggested Youth Activating Youth Inc. apply for funding during the 2016 funding round for future events. It should be noted that not all organisations who applied for funding within the 2015 ground round were successful due to budget limitations.

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ANNUAL SOMALI COMMUNITY FESTIVAL cont’d CONSULTATION Officers have discussed this proposal internally with Council’s Parks and Gardens and Waste Management areas who have confirmed the cost associated with the potential ground renovation and waste collection service. Officers have also discussed the proposal with the Heidelberg United Football Club (HUFC) who are the primary seasonal tenant at Olympic Park and also hold a lease that covers the main grandstand within the complex. The HUFC supports the proposal however have identified a number of additional items that will need to be considered such as ground marking, ground set up (nets and corner flags and cleaning of the home and away dressing rooms/showers and public toilets. As the tournament is out of season, the ground marking required will need to be an "Initial Marking" as there will be no lines visible from this season. This requires measuring and stringing out the marking by a professional ground marker to ensure the lines are in the correct locations. The HUFC have estimated this cost will be approximately $450. The HUFC will organise the cleaning of the home and away dressing rooms/showers and public toilets after each day and on cost this to the organisers. A further meeting will be held prior to the event to confirm the event permit application, logistical arrangements between the organisers and HUFC and the overall ground preparation and cleaning cost which be passed onto the organisers from HUFC. CONCLUSION The Annual Somali Cultural Celebration is certainly a worthwhile event to enhance the social inclusion of marginalised and disadvantaged youth in multicultural communities. The provision of in-kind support for ground renovations which may be required after the event and additional provision of rubbish bins and collection service is considered appropriate support for this group however a cash donation outside the Community Grant process is not supported. The out of pocket expenses, which the HUFC have identified, seem reasonable and the final logistics for the event will be finalised during a further meeting with the organisers. ATTACHMENTS Nil

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6.1

PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE

Author:

Lorraine James - Property Officer, City Development

Ward:

Griffin

File:

F2015/451

Previous Items Council on 21 September 2015 (Item 6.4 - Proposed Discontinuance and Sale of Section of Road (RW028) Adjacent to the Rear of 4/98 Lower Heidelberg Road Ivanhoe) Council on 30 November 2015 (Item 6.1 - Section of Road (RW028) Adjacent to the Rear of 4/98 Lower Heidelberg Road Ivanhoe - Proposed Discontinuance and Sale - Hearing of Submissions) EXECUTIVE SUMMARY Consistent with Council’s resolution of 21 September 2015 (Item CO2015/320), the statutory procedures were commenced to give public notice of Council’s intention to discontinue the section of ‘road’ (known as RW028 on Council’s Road Register) currently enclosed within the property fence line at the rear of Unit 4, 98 Lower Heidelberg Road, Ivanhoe (unused ‘road’). Public notice was given in the “Heidelberg Leader’ on 6 October 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed on 3 November 2015. Three (3) submissions were received; one (1) of which included a request to be heard. All three (3) submissions on the proposal were received and considered by Council on 30 November 2015. The proposal has been considered having regard to the current and potential future uses of the unused ‘road’. The unused ‘road’ shows no evidence of being used by the public. It has been enclosed within the property fence line at the rear of Unit 4, 98 Lower Heidelberg Road, Ivanhoe, for many years. 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 the sale of the resultant land to the abutting owner of Unit 4, 98 Lower Heidelberg Road, Ivanhoe.

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Performance - Use Our Resources Wisely

6.1

Performance - Use Our Resources Wisely

PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE cont’d 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 6 October 2015; b. by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 30 November 2015 to be heard at that meeting; and c. by recording that three (3) submissions were received and considered and the submitter heard by Council at its Ordinary meeting of 30 November 2015; Council forms the view that section of ‘road’ (known as RW028 on Council’s Road Register), being the unused ‘road’ currently enclosed within the fence line of Unit 4 98 Lower Heidelberg Road 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 unused ‘road’;  the Service Authority assets will be protected;  the proposal does not involve the destruction or removal of native vegetation; and  the discontinuance of the unused ‘road’ will not affect physical access.

The unused ‘road’ be discontinued and the resultant land sold to the property owner of Unit 4, 98 Lower Heidelberg Road, Ivanhoe.

The discontinuance of the unused ‘road’ and sale of the resultant land will not affect any right, power or interest held by Council or Yarra Valley Water Ltd in connection with drains or pipes under the control of Council or 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 abutting owner of Unit 4, 98 Lower Heidelberg Road, Ivanhoe.

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PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE 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 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 they have been deprived of their rights may make a submission in accordance with Section 223 of the Act. BACKGROUND A title search at Land Registry confirms that the right of way (known as RW028) is ‘road’ on certificate of title. The right of way RW028, identified as such on the plan in Figure 1, currently provides vehicular and pedestrian access to the rear units of 98 Lower Heidelberg and 29 Locksley Roads, Ivanhoe. It also provides pedestrian access to several units at 27 Locksley Road, Ivanhoe.

Figure 1: Locality plan A section of the ‘road’ has been enclosed within the fence line of Unit 4 98 Lower Heidelberg Road, Ivanhoe, for a number of years. (See photograph in Figure 2.)

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6.1

Performance - Use Our Resources Wisely

PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE cont’d The owner of Unit 4, 98 Lower Heidelberg Road, Ivanhoe, has requested to purchase that section of the ‘road’ (unused ‘road’) enclosed within the fence line of the property in order to legitimise the occupation.

Figure 2: Fence erected across the ‘road’ A plan showing the detail of the unused ‘road’ proposed to be discontinued and sold, which has an area of 39m2, is shown in Figure 3.

Figure 3: Proposed area of discontinuance 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.

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PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE 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 EASEMENT RIGHTS If the unused ‘road’ is discontinued easement rights in favour of Council and Yarra Valley Water will be preserved in order to protect existing assets. No structure of a permanent nature can be placed over the easement without consent. ASSET MANAGEMENT The unused ‘road’ is currently listed in Council’s Road Register as ‘occupied’. The unused ‘road’, which does not portray the physical characteristics of a ‘road’, 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 Clause 3 of Schedule 10 of the Act. Public notice of the proposal was given in the “Heidelberg Leader’ on 6 October 2015, with submissions invited in accordance with section 223 of the Act. The submission period closed on 3 November 2015. Three (3) submissions on the proposal were received and considered and the submitter heard by Council at its Ordinary meeting of 30 November 2015. 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 The purpose of this report is for Council to decide whether or not to discontinue the unused ‘road’ and sell the resultant land. A further report will be presented to Council in relation to the sale of the resultant land to the abutting owner. DISCUSSION The abutting owner 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 Council formally resolves to proceed with the proposal. 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.

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Performance - Use Our Resources Wisely

6.1

Performance - Use Our Resources Wisely

PROPOSED DISCONTINUANCE AND SALE OF SECTION OF RW028 ADJACENT TO THE REAR OF 4/98 LOWER HEIDELBERG ROAD, IVANHOE cont’d 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 unused ‘road’; the service authority assets will be protected; the proposal does not involve the destruction or removal of native vegetation; and the discontinuance of the unused ‘road’ will not affect physical access.

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. CONCLUSION From responses received, and Council having considered the submissions, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required for public use. Accordingly, the proposal to discontinue the unused ‘road’ and sell the resultant land to the abutting owner of Unit 4 98 Lower Heidelberg Road, Ivanhoe, should be supported. ATTACHMENTS Nil

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6.2

SCOUTS ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH - LEASE

Author:

Andrea Turville - Property Officer, City Development

File:

F2013/1262

6.2

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The Scouts Association of Australia Victorian Branch (Scouts), many years ago, constructed a number of scout hall buildings on Council-owned land within the municipality. The former Heidelberg, Diamond Valley and Eltham Councils leased the land on which the buildings were constructed to the Scouts under separate leases. The leases have now expired and, in lieu of preparing individual leases, it is proposed that the separate leases be consolidated into one lease for the term of five (5) years commencing 1 July 2015. The lease applies to the following council owned land: Yandell Reserve Rossi Park Chelsworth Park Willinda Park AK Lines Reserve Telfer Reserve De Winton Park Donaldsons Creek Reserve Petrie Park Alma Play Park

37 St Helena Road, Greensborough 48 Ford Street, Ivanhoe 18 Irvine Road, Ivanhoe 21A Talbot Street, Greensborough 10 Peters Street, Watsonia 20 Noorong Avenue, Bundoora 1 Grove Road, Rosanna 49 Hawker Street, Ivanhoe 16 Mountain View Road, Montmorency 10 Para Road, Lower Plenty

The proposal triggers the need to give public notice under section 190 and section 223 of the Local Government Act 1989 (Act). For the purposes of giving public notice for this proposal it is noted that the “Heidelberg Leader” and the “Diamond Valley Leader” are the newspapers that are generally circulated within the municipality. Council will decide at a future meeting whether or not to grant the lease. RECOMMENDATION That: 1.

Pursuant to section 190 and section 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice in the “Heidelberg Leader” on 12 January 2016 and the “Diamond Valley Leader” on 13 January 2016, and invite submissions on Council’s intention to grant a lease to the Scouts Association of Australia Victorian Branch for the term of five years commencing on 1 July 2015 of the Council-owned land known as: Yandell Reserve Rossi Park Chelsworth Park

Ordinary Meeting of Council - 14 December 2015

37 St Helena Road Greensborough 48 Ford Street Ivanhoe 18 Irvine Road Ivanhoe

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SCOUTS ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH - LEASE cont’d Willinda Park 21A Talbot Street Greensborough AK Lines Reserve 10 Peters Street Watsonia Telfer Reserve 20 Noorong Avenue Bundoora De Winton Park 1 Grove Road Rosanna Donaldsons Creek Reserve 49 Hawker Street Ivanhoe Petrie Park 16 Mountain View Road Montmorency Alma Play Park 10 Para Road Lower Plenty in the locations generally in accordance with the plans in Attachment 1 (“subject sites”). 2.

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 7 March 2016 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe.

Council will decide on whether or not to grant the Lease at a future meeting, after considering any written 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 decide, at its meeting of 7 March 2016, whether or not to grant the Lease.

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SCOUTS ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH - LEASE contâ&#x20AC;&#x2122;d BACKGROUND The Scouts Association of Australia Victorian Branch (Scouts), many years ago, constructed a number of scout hall buildings on Council-owned land within the municipality. The former Heidelberg, Diamond Valley and Eltham Councils leased the land on which the buildings were constructed to the Scouts under separate leases. The leases have now expired and, in lieu of preparing individual leases, it is proposed that the separate leases be consolidated into one lease for the term of five (5) years commencing 1 July 2015 The scout hall buildings are located at: Yandell Reserve Rossi Park Chelsworth Park Willinda Park AK Lines Reserve Telfer Reserve De Winton Park Donaldsons Creek Reserve Petrie Park Alma Play Park

The siting of each of the scout halls can be found in the plans shown in Attachment 1 (subject sites). This matter was first presented to Council for consideration in July 2015 and subsequently deferred, pending a meeting with the Scouts. A meeting has since been held and their approach to property management and future plans are now clearer. The Scouts remain conscious and agreeable to all maintenance responsibilities and will continue to work with local scout groups to service their requirements. CURRENT SITUATION The Scouts are seeking to enter into a new lease with Council to provide security of tenure and to clarify maintenance responsibilities, which were not clearly addressed in previous lease agreements. TECHNICAL CONSIDERATION The scout hall buildings were originally constructed by the Scouts with agreement by the former Heidelberg, Diamond Valley and Eltham Councils. The structures were built on the understanding that the Scouts would be responsible for the buildings, maintenance, insurance and otherwise. It is important to note that the Scout buildings would be transferred to Council when/if: 1. 2. 3.

Scouts ended or did not renew a Lease; Voluntarily abandon a building and site; or Seriously breached the lease.

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6.2

Performance - Use Our Resources Wisely

6.2

Performance - Use Our Resources Wisely

SCOUTS ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH - LEASE cont’d The proposed five (5) year lease, commencing 1 July 2015, would also provide an entitlement to use, in common with the public, any car parking areas immediately adjacent to the subject sites. The new lease provides that the Scouts are responsible for all maintenance obligations of the scout hall buildings, and for all building insurance and all other insurances consistent with the permitted use (Scouting) and to their specific activities. FINANCIAL CONSIDERATION There is no record of expenditure for building maintenance, unscheduled, scheduled or cyclical at the 10 scout hall buildings in the past five years. However, Council’s 2014/2015 Capital Works budget reveals an expenditure item of $19,800 to replace the deck at the Petrie Park scout hall. The proposed commencing rent for the new lease will be $1040.00 per annum plus GST. This rent is commensurate with the approach of other councils to the same issue, and equates to a nominal rental of $104.00 per annum plus GST for each of the ten sites. LEGAL CONSIDERATION Public notice of Council’s intention to grant the lease must be given in accordance with Council’s Official Newspaper Policy and submissions on the proposal invited and considered in accordance with section 190 and 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. DISCUSSION The giving of public notice of Council’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 the lease. CONCLUSION Council should now direct that, pursuant to section 190 and section 223 of the Act, public notice of its intention to grant the lease be given in “Diamond Valley Leader” and the “Heidelberg Leader” and a decision on whether or not to proceed be considered at a future meeting of Council.

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6.2

SCOUTS ASSOCIATION OF AUSTRALIA VICTORIAN BRANCH - LEASE cont’d

ATTACHMENTS No.

Title

Scout site plans

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6.3

SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH

Author:

Michael Hutchison - Projects Coordinator, City Development

Ward: Beale

Beale

File:

F2014/4616

6.3

Performance - Use Our Resources Wisely

Previous Items Council on 19 October 2015 (Item 6.1 - 14A Bannerman Avenue, Greensborough Notice of Intention to sell) EXECUTIVE SUMMARY At its Ordinary Meeting of 19 October 2015, Council resolved that the drainage reserve known as 14A Bannerman Avenue, Greensborough, was surplus to Council’s and the community’s needs and directed that: 1.

An application be lodged under Part 4 of the Planning and Environment Act 1987 seeking to remove the reservation status from the land at 14A Bannerman Avenue, Greensborough pursuant to Section 24A of the Subdivision Act 1988.

In accordance with sections 189 and 223 of the Local Government Act 1989 (Act), Council commence the statutory procedures to sell the subject land as it is surplus to Council’s and the community’s needs, by giving public notice and inviting written submissions on the proposal in the “Diamond Valley Leader” on 28 October 2015.

Council receive written submissions and hear submissions on the proposal, from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act at its ordinary meeting of Council on 14 December 2015 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.

If no submissions are received, Council may, at its ordinary meeting on 14 December 2015, decide whether or not to sell the subject land.

The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of Council. The submission period closed at 5:00 pm on 25 November 2015 with no submissions being received. RECOMMENDATION That: 1.

Having complied with sections 189 and 223 of the Local Government Act 1989: a. b.

by giving public notice; providing an opportunity to be heard at Council’s Ordinary Meeting of 14 December 2015;

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SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH cont’d c.

and no submissions having been received; Council offers the sale of the former drainage reserve known as 14A Bannerman Avenue, Greensborough (the subject land) to the owners of 14 and 18 Bannerman Avenue, Greensborough.

A further report be considered in relation to the sale terms associated with the land.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”. BACKGROUND Council is the owner of the land known as 14A Bannerman Avenue, Greensborough (subject land) which is situated between the Plenty River and the rear of 14 and 18 Bannerman Avenue, Greensborough. The subject land measures 315m² and considered surplus to Council’s and the community’s needs based on the fact that it is land locked, subject to significant overland flow, has negative topography and is inaccessible to Council for maintenance purposes. It is understood that the subject land was set aside as reserve in a plan of subdivision in 1979 (Shire of Diamond Valley) for drainage and municipal purposes. Whilst it is unclear why the subject land was set aside as a reserve in isolation, it is surmised that the former Diamond Valley Council intended to reserve land along the river should subdivisions along the north side of the Plenty River continue. Further subdivisions within the vicinity of the subject land did not occur over time and consequently, the land remains inaccessible and landlocked. In March 2013, Council resolved to vest 23 reserves across the municipality pursuant to section 24A of the Subdivision Act 1988. Council undertook this process as the titles belonging to the 23 reserves were still registered in the name of the original subdivider, reserved for municipal, drainage or similar purposes. Until the introduction of the Subdivision Act in 1988, there was no automatic recording on title by Land Registry of Council’s entitlement to such reserves. One of the properties vested in Council’s name included subject land, which is shown hatched on the plan in Figure 1 below having a total land area of 315m². Following the vesting, title to the subject land was issued by Land Registry to Council on 10 April 2014.

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6.3

Performance - Use Our Resources Wisely

6.3

Performance - Use Our Resources Wisely

SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH cont’d A proposal has been received from an abutting owner requesting to purchase part of the subject land immediately adjacent to the rear of their property. In considering whether retention of the subject land accords with Council’s future needs and/or other strategic plans, the following issues have been identified: a) The subject land is “land locked” which restricts any community use. b) The subject land is subject to controls under the Banyule Planning Scheme, in particular inundation overlay and significant overland flow. c) The location, topography, size and shape of the subject land restricts any future development potential. d) Access for maintenance purposes requires crossing the Plenty River. e) Existing vegetation is likely to restrict any form of development. f) The subject land does not contain any Council drains or infrastructure. Locality Plan

Figure 1: Locality Plan of 14A Bannerman Avenue, Greensborough (shown hatched)

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6.3

SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH cont’d

Figure 2: Site plan

HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with the Charter and 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. In particular, Section 20 (Property Rights) 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 because Section 189 of the Act gives Council the legislative power to sell land owned and vested in Council’s name. Section 223 of the Act also provides an opportunity for any person to make a submission with respect to such proposal. CURRENT SITUATION Council is now in a position to decide whether or not to offer to sell to the owners of number 14 and 18 Bannerman Avenue, Greensborough the subject land which is for the most part, currently enclosed within the fence line of 14 Bannerman Avenue. TECHNICAL CONSIDERATION The use of the subject land is governed by the Banyule Planning Scheme. The subject land is subject to the following planning controls: Code NRZ3 DDO8 ESO1 Neighbourhood Character Flooding LSIO

Description Neighbourhood Residential Zone - Schedule 3 Design and Development Overlay - Schedule 8 Environmental Significance Overlay - Schedule 1 BG (East) - Bush Garden Precinct Significant Overland Flow - Consult Melbourne Water Land Subject To Inundation Overlay

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SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH cont’d AAV

Aboriginal Affairs Victoria referral

The subject land has not been identified in Council’s Public Open Space Strategy 2007-2012, or draft revised Public Open Space Strategy; and does not accord with Council’s future needs or other strategic plans. It is therefore considered surplus to the needs of Council and the community. LEGAL CONSIDERATION Local Government Act 1989 Section 189 of the Local Government Act 1989 (Act) provides that, prior to selling land, Council must give public notice and invite submissions from the public on the proposal. A valuation must be obtained not more than six (6) months prior to the date of sale. Section 223 of the Act provides that any person who makes a submission incorporating a request to be heard is entitled to appear in person or to be represented by a person acting on their behalf, before a meeting of Council. Public Notice Public notice of Council’s intention to sell the land was given in the “Diamond Valley Leader” on 28 October 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 25 November 2015 and no submissions were received. Subdivision Act 1988/Planning and Environment Act 1987 Section 24A of the Subdivision Act 1988 confers on Council the power to remove a reservation from land shown or set aside as a reserve on a registered plan (of subdivision). However, before proceeding under section 24A of the Subdivision Act, a planning permit must be obtained, in accordance with Part 4 of the Planning and Environment Act 1987, to authorise the removal of the reservation from the land and create a separate lot that can then be sold.

TIMELINES Should Council resolve to sell the land, the process will continue as follows: a) b)

Undertake statutory process to remove the "Reserve" status from the land; Make enquires with the owners of 18 Bannerman Avenue as to whether they are interested in acquiring the balance of 14A Bannerman Avenue as it adjoins their property. If they are not, Council may offer for sale the balance of the land (being the whole parcel shown as 14A in figure 2) to the owner of 14 Bannerman Avenue; and If necessary, prepare and lodge an application for subdivision associated with the land depending on whether or not the owner of 18 Bannerman Avenue selects to purchase the balance of the land immediately behind their fence line. Preparation documents to effect the sale;

The above process may take up to 18 months; with most of the time required as part the statutory processes to remove the reservation status as noted in parts ‘a’ and ‘c’.

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6.3

SALE OF 14A BANNERMAN AVENUE, GREENSBOROUGH contâ&#x20AC;&#x2122;d CONCLUSION The purpose of this report is for Council to consider any written submissions received and hear from submitters who have made a written request to be heard before a meeting of the Council. Given that no submissions were received, it is now appropriate for Council to consider the sale of the land. ATTACHMENTS Nil

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6.4

AUDIT COMMITTEE CHARTER

Author:

Peter Utri - Acting Director Corporate Services, Corporate Services

File:

F2013/963

6.4

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY A Council must establish an Audit Committee in accordance with Section 139 of the Local Government Act 1989. It is an Advisory Committee of Council. The Audit Committee Charter outlines the role of the Committee and terms of reference. The Audit Committee plays a vital role in reviewing Council’s governance arrangements and includes oversight responsibilities on financial reporting, compliance requirements, internal control systems and risk and fraud prevention management systems. The two-year appointment for Council’s current Independent Representative and Chairperson, Hugh Parkes, is due to conclude as at 31 December 2015. This Report seeks to review the appointment term for Hugh Parkes, Independent Representative and Chairperson, on Council’s Audit Committee. RECOMMENDATION That Council reappoint Hugh Parkes as an Independent Representative and Chairperson on Council’s Audit Committee for a one-year period effective from the 1 January 2016. 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 “enable good governance and accountability with minimal risk”. BACKGROUND In accordance with the Audit Committee Charter, the role of the Audit Committee is to assist Council in fulfilling its governance responsibilities by overseeing compliance with laws and regulations, accountability requirements, ensuring sound ethical standards are practised and the necessary systems controls are in place to manage risks and prevent fraud and corruption. The Charter also includes details on the appointment of Independent Representatives.

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AUDIT COMMITTEE CHARTER cont’d Council’s attention is directed to Section 9 of the Charter relating to the Duration of Committee Members’ Appointment. “The Council will review its two Councillor representatives on an annual basis and its two Independent Representatives at the expiration of their appointed term, which will not exceed a maximum to two-years. The re-appointment of Independent Representatives to serve an additional term will be at Council’s discretion. The expiry time for Independent Representatives should preferably occur in a different period to each other and that of the externally contracted Internal Auditors to ensure, as far as possible, continuity of knowledge residing in the Committee.” The current Independent Representative and Chairperson, Hugh Parkes, two year appointment is due to conclude as at 31 December 2015. Hugh Parkes has provided professional support to Councillors and the Independent Representative of the Audit Committee since his appointment and has demonstrated sound knowledge of effective governance requirements which assists Council in the discharge of its legal responsibilities. Council appreciates that Independent Representatives need to be highly skilful professionals with considerable commercial and Local Government knowledge and expertise. Accordingly, it is suggested that Hugh Parkes be re-appointed for a further period of one-year from 1 January 2016 and continue as Chairperson of the Committee given his qualifications, experience, sound judgement and excellent leadership. CONCLUSION The re-appointment of Hugh Parkes, as an Independent Representative and Chairperson on Council’s Audit Committee, ensures compliance with the Audit Committee Charter and Best Practice Standards. Hugh Parkes has extensive qualifications and experience to continue to fulfil this important advisory position. ATTACHMENTS Nil

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6.4

Performance - Use Our Resources Wisely

6.5

LOCAL GOVERMENT ACT 1989 REVIEW SUBMISSION

Author: Services

Gina Burden - Manager Governance & Communication, Corporate

File:

F2015/2806

6.5

Performance - Use Our Resources Wisely

EXECUTIVE SUMMARY The Victorian Government is conducting the first comprehensive review of local government in a quarter of a century. This review responds to calls from the local government sector for legislative reform after over 90 amending acts have resulted in hundreds of individual amendments to the Local Government Act 1989 (the Act) in the past 25 years. The outcome of the review will result in a new Local Government Act likely to be proclaimed in 2018. The review will consider all aspects of the Act and will result in updated legislation that modernises the relationship between the state and local government sectors to better reflect essential roles and responsibilities. The review will involve the release of various consultation papers and invitations for submissions over coming months. The first of these submissions based on the Discussion Paper released in early October is being sought by 18 December 2015; though there will continue to be opportunities for submissions to be made following this period and again during the early part of next year following the release of Direction Papers. A number of sector bodies have indicated that they will be making submissions, with the Municipal Association of Victoria (MAV) recently releasing its draft submission for comment from member councils. The MAV submission is representative generally of the views of councils and the proposed position on the major themes has been summarised in this report. As the review of the Act is a significant piece of work and will cover all aspects of the Act, at this stage of the process it is considered reasonable to only make a general submission on behalf of Banyule Council indicating the direction Council would like to see the Act take. More detailed submissions would be appropriate upon release of the numerous, more specific, Direction Papers in the first half of next year. RECOMMENDATION That Council: 1.

Notes the release of the Review of the Local Government Act 1989 Discussion Paper and the call for initial submissions by 18 December 2015.

Acknowledges its broad support for a thorough review of the Act

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d 3.

Forwards a submission to Local Government Victoria on the Discussion Paper which generally endorses the views contained in the Municipal Association of Victoria’s submission and expresses the following specific matters raised in this report which are considered relevant to Banyule Council:      

The role of Councils Local Laws Procurement Consultation & Engagement Service Delivery and Financial Decision Making General Matters (clarity, purpose statement, guidance material)

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 “enable good governance and accountability with minimal risk”. BACKGROUND The State Government has undertaken to complete a thorough and comprehensive review of the Local Government Act 1989. The purpose of the review is to revise the current legislation governing local government in Victoria to create a more contemporary, accessible, plain English Act that meets current and future needs of the community and the local government sector. The scope of the review will consider all aspects of the current Local Government Act 1989 with a view to more accurately and consistently reflecting policy intent and improving clarity. It is anticipated that a reform Bill will be presented to Parliament in 2017, though it could take longer. The review of the current Act was commenced in the mid 1980’s with a view to the Act being passed in 1987, but was not completed until 1989. The review will not include consideration of any changes to existing external boundaries of Victorian municipalities. An Advisory Committee has been appointed to provide independent advice to the Government. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.

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6.5

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6.5

Performance - Use Our Resources Wisely

LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. DISCUSSION Discussion Paper Over the next couple of years extensive consultation with the local government sector will occur in relation to the review of the Act. An initial, high level, discussion paper has been released by Local Government Victoria (LGV) and submissions will be sought until 18 December 2015. A full copy of the discussion paper is available through the Review’s website: www.yourcouncilyourcommunity.vic.gov.au . Through this website individuals are also encouraged to participate on online discussions and forums about the review. The Review Paper is broken up into the following categories and a series of issues are raised: 1.

The role and responsibilities of councils – looks at how councils are established as legal entities, the ambit and extent of powers provided to councils and to what extent these should be normative, prescriptive or enabling. It also looks at how councillors can balance their political role alongside their decision making responsibilities.

How councils are elected – examines how councils are elected including requirements for persons standing for election as councillors. It explores the legal basis of local government electoral structures, the conditions for local democratic representation and the conduct of elections.

How councils operate – deals with the structure of councils and the legal framework within which they operate. This includes procedures for electing the mayor, employment of the CEO and senior staff and how councils make decisions and create local laws.

Planning and reporting – addresses the planning, accountability and budgeting arrangements of councils. It deals with the timing, consultation, comprehensiveness and integration of the existing planning and reporting frameworks. Questions are raised about whether the current framework should be given a more long-term focus and on improving its scope and integration.

Council rates and charges – explore the capacity of councils to raise revenue through rates and charges and questions whether the current processes are still appropriate.

Service delivery and financial decision making – explores councils’ ability to make decisions in relation to their finances, such as the exchange or sale of land, power to borrow funds, procure goods, services and works, and engage in business investments and other entrepreneurial activities.

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d 7.

Councillor conduct, offences and enforcement – examines the framework for dealing with councillor conduct issues. It deals with offences under the Act in relation to councillor behaviour, conflict of interest provisions and asks if the level of detail provided in the Act should be retained.

Ministerial powers – explores the powers currently available to the minister under the Act with a key issue being the extent to which these powers are sufficient. It also raises the question of the appropriate balance between sector independence and state government intervention.

Harmonisation of the Local Government Act – explores harmonising the Act with other related legislation. Dozens of other pieces of Victorian legislation impose obligations or confer powers on councils, eg the Planning and Environment Act and the Domestic Animals Act. This review is an opportunity to identify duplication and inconsistency.

Technical Working Groups have been established for each of the above themes with representatives from within the sector, including Banyule Council. The technical working groups will meet over the next couple of months with a view to preparing Directions Papers on each of the key themes in early 2016. This will be followed by a further round of public consultations. Sector Views Local Government peak bodies, the MAV and VLGA, have both indicted that they will be preparing detailed submissions on behalf of the sector. So too are some of the regional groups such as the Eastern Group of Councils; Regional Library Associations; Local Government Professionals (LGPro); and Revenue Management Association. Due to the breadth of the review, it is expected that there will be many and varied views on the themes in the Discussion Paper and generally on the way in which local government should operate into the future. This would not only vary between councils but amongst individuals within those councils. MAV Draft Submission The MAV recently released its draft submission for comment (attached). The views in the submission were prepared following a roundtable of Mayors, councillors, Chief Executive Officers and council officers on Thursday 12 November 2015 to help shape a sector submission on the discussion paper. The MAV draft submission represents preliminary sector views on those issues that are seen as being of higher order importance rather than going into detail on every theme and discussion point raised. It is intended that it stand alongside submissions made by individual councils and councillors in this first phase of consultation. The proposed positions on the various discussion points as outlined in the MAV draft submission are summarised below: Status of local government That consideration be given to ways to elevate the status and prominence of local government commensurate with its importance to the State of Victoria.

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6.5

Performance - Use Our Resources Wisely

LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d Minister’s role The Minister is requested to actively develop and strengthen the sector through: 

Increased advocacy on behalf of the sector within the State Government



Building sector capacity



Strengthening the financial viability and sustainability of councils

Role and powers of councils That the new Act: 

Recognise and encompass the multi-functional nature of local government i.e. being a distinct and essential tier of government, an enforcement agency, a planning authority, a service provider and a provider of infrastructure



Provide a general power of competence to councils



Be drafted so as to be clear and unambiguous in both legislative intent and legislative requirement



Contain prescriptive provisions based on clear principles and policy objectives. It is proposed that these principles and objectives be framed around: o

The existence of an overriding public interest, including transparency and accountability

The need to safeguard the rights and entitlements of individuals

Requirements for ensuring natural justice and due process

Government assurance and probity requirements

That the practice of using local government as a collection agency on behalf of the State Government cease. Sector consultation on legislative changes That: 

the State Government commit to a formal consultation process for the consideration of any proposed amendments to the Local Government Act



the formalised consultation process provide for sector consultation when a policy gap is first identified

Administrative decision-making That: 

Additional guidance should be provided to councils in undertaking their administrative decision-making functions

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d 

Any consideration of external review processes should be based on those that apply to the administrative functions exercised by State Government agencies

Penalties That: 



Council non-compliance with legislative provisions be managed by: o

Clearer and unambiguous legislative provisions

Sector capacity building

The issue of frequent and timely advice and guidelines by LGV, particularly where compliance issues with certain legislative provisions are identified

Providing for the voiding of decisions (where this can be justified because of the denial of natural justice) or in the absence of compliance with prescriptive legislative provisions

A comprehensive review of the existing penalty provisions for individuals be reviewed to achieve a consistent approach

Regulatory oversight That consideration be given to the existing oversight and regulatory framework of local government with a view to reviewing and establishing clear demarcations between the roles and responsibilities of the various regulatory bodies. Representational ratios That: 

in order to accommodate increasing population numbers in growth councils and to provide for appropriate voter to councillor ratios, the upper limit of the band be increased to 15



Councillor numbers should be set at odd numbers only between 5 and 15

Electoral structures That: 

the current options for electoral structures be maintained to provide flexibility for a structure to be implemented that better accommodates local circumstances.



The VEC be directed to place greater weight on the structure preferred by the council and the local community in making electoral structure recommendations to the Minister.

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d Voter franchise It is proposed to support in principle the recommendation of the Electoral Review subject to the proposed qualifications advocated in the MAV submission on the Review. Compulsory voting That the position taken in the submission to the Electoral Review be reaffirmed. Voter information That a key objective of the new Act and any regulations should be to implement measures that will assist voters to make informed decisions/judgements when voting on candidates standing for election. Voting method That: 

The sector response to the Local Government Electoral Review (i.e. that councils should be able to choose between full postal or attendance voting) be reaffirmed OR



the implementation of uniform postal voting be supported.

Electoral material That the provisions in relation to electoral material be comprehensively reviewed in the light of new and emerging technology and the requirements and obligations on council officers and candidates be clearly expressed to ensure that their compliance requirements and obligations are clearly understood. Electoral disputes That: 

The additional powers provided to the Returning Officer and the VEC under the Local Government (Improved Governance ) Act be supported



Additional resources be provided to enable the MET to expedite electoral disputes

Allowances, role clarity, training That: 

Mayoral and councillor allowances, training and support and reimbursement of expenses be set at a level that properly reflects the level of commitment required to discharge the roles



Consideration be given to the way in which mayoral and councillor allowances may be set by Councils to enable additional flexibility in the quantum of the

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d allowance to reflect the level of councillor commitment required and local circumstances 

The roles of mayor, councillor, Chief Executive Officer and council administration be detailed clearly and comprehensively



All Councillors receive training on roles and statutory obligations within two months of election.

Delegated decision making That consideration be given to more effective models of enabling community involvement in the management of local facilities Consultation That no additional mandated processes are considered necessary or desirable CEO Complaints That the role of the council be clearly enunciated in relation to complaints made against the CEO. Mayoral elections / arrangements That the current arrangements which provide for mayors to be elected by their colleagues be continued. Role of CEO That: 

further consideration be given to clarifying the demarcation between the roles of councillors and the CEO



the CEO recruitment and performance evaluation arrangements be left to individual councils to manage

Local laws That councils continue to have the power to make local laws, such powers to be within the general power of competence proposed in this submission in Chapter 2. Integrated Planning and Reporting That: 

The Planning and reporting framework be reviewed and streamlined to remove duplication in reporting



The LGPRF be reviewed in the context of reporting requirements from one tier of government to another.

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d Rates as revenue source It is considered that councils should continue to have the power to raise revenue by declaring rates and charges. Rating powers That: 

Councils should continue to have the full suite of rates and charges available under the existing Act



Councils should have the discretion to set rates and charges without being subject to a rates cap

Rating power restrictions The current legislative provisions are considered to be satisfactory and no further obligations or restrictions should be imposed. Ratepayer rights That: 

The provisions for submissions and appeal processes in relation to special rates and charges in the current Act are adequate to safeguard the rights of individuals affected by a special rate or charge



The budget submissions process is adequate to provide for the community to make submissions on the budget process and the setting of the rate in the dollar

Penalties That no penalties should apply for breaches of legislative provisions committed by councils. The broader issue of penalties should be dealt with as suggested in the comment in the section on the role of councils. Flexible and efficient service delivery The Act should provide an enabling approach to procurement and service delivery which supports flexible, innovative and collaborative solutions. Best value principles That a comprehensive review of all elements of the annual budget process be undertaken in the context of the process adopted at other levels of government. Clarity of roles and obligations: timely intervention That:  There is a pressing need for role clarity in respect to councillor and CEO roles and the obligations attached to those roles

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d  Arrangements for the resolution of councillor conduct issues involving health and safety matters be established as the responsibility of the council and properly resourced to ensure timely and effective outcomes  The role and involvement of oversight bodies be reviewed and clarified  The Local Government Compliance and Investigations Inspectorate be properly resourced to perform its role and functions expediently  A comprehensive training program be developed to fully equip councillors to perform their role and functions Conflict of interest That the conflict of interest provisions be reviewed and revised to achieve a clear understanding of the requirements by any person. Ministerial intervention An objective in the framing of the new Act should be to limit the circumstances in which the Minister can intervene in the internal affairs of a council. As a general principle, the power for the Minister to intervene should be subject to stringent checks and balances as befits a democratically elected tier of government. Power to issue guidance That: 

The status and expectations in relation to Ministerial guidelines be the subject of detailed discussion in the next phase of the review



The other state regulatory authorities should channel their views and recommendations in relation to local government functions through Local Government Victoria

Banyule Submission The MAV submission broadly covers many of the views shared by councils. However, a call for feedback on the review from both Councillors and Officers at Banyule, has elicited a number of responses. These comments which are additional to, or vary from, the points raised in the MAV submission are summarised as follows: The role of Councils 



The key roles of Councils should include to: o act as a representative government for the local community o advocate for the interests of the local community within their own LG or to other communities and governments o facilitate community cohesion and encourage active participation in civic life Describing the roles in the legislation helps facilitate understanding of them. Retain and improve these.

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d 

There is opportunity to improve the balance of prescriptiveness in the legislation – prescriptive enough that Councils and Community can clearly understand exactly what is expected (broad or detailed as appropriate for the particular section) - and supported by Guidelines that are developed by State Gov’t working together with the LG sector to develop the guidelines.

Local Laws  

The idea of a model local law that councils can select from is appealing and efficient approach that should be explored further. The indexing of penalties should also occur.

Procurement  



The threshold in seeking ministerial exemption under section 186 is too onerous and Council often needs to enter into contracts with non-contestable entities where the expenditure is over 200K and there is only one provider. Suggest that CEOs be granted authority to approve expenditure over the tendering threshold in one or all of the following circumstances: 1. where the Council has resolved that the contract must be entered into because of an emergency 2.

The expenditure is for non-contestable goods or services

Where Council seeks to delay a tender in order to enter into a collaborative tendering arrangement with other Councils

Where delaying the tender will result in a more favourable outcome for Council.

Any contract entered into using one of the four exemptions will need to abide by the following process: o The purchase must be approved by Council or an officer delegated to enter into the level of expenditure o

Council’s Audit Committee must be notified

The purchase and the reason for Council entering into the contract must be published in the annual report and any other public domain considered appropriate by Council.

Consultation and Engagement 



There is merit in having a more general requirement for councils to consult. Consultation is currently buried in Best Value, though councils generally understand and practice consultation more broadly, and as a governance underpinning. The imposition of the 28 days advertising period in newspapers for major documents such as the budget and Council plans needs to be reconsidered. This is too late in the process for real change and engagement. There is a need for a range of consultation and engagement methods much earlier in the planning and decision making process. The requirement to advertise in newspapers is an out-dated and blunt process that is not necessary. Councils should be able to demonstrate a range of processes and tools that they have used to inform, consult and engage in their planning and decision

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION cont’d



making. There is not a ‘one-size fits all for consultation, Councils use a range of methods to engage with different segments of the community to ensure that the needs and interests of the whole of the municipality are considered in planning. Community input should only ever be one input into the decision making process, and needs to be considered together with demographic data, research, legislative requirements, and the need for long term planning and investment.

Service Delivery and Financial Decision Making 



Best Value is a fairly broad approach now and the demonstration of Best Value is somewhat rubbery. There is a need for Continuous Improvement practices to be strengthened in the sector. Whether this is through stronger Asset Management Planning, Service Planning, Integration, Best Value tweaks, or more transparent evidence-based planning mechanisms remains for discussion. The Act currently has no framework for regional collaboration/shared services and actually impedes action in this space. Need to remove impediments and consider what would be good for the sector into the future, to ensure council nimbleness, with accountabilities (risk assessment) to the community.

General   

Readability and ease of use – amendments, latest versions, links to Regulations, etc. There is an opportunity to make the Act clearer, easier to understand, and say why something is required. Consider including a brief ‘purpose statement’ as an introduction to each key Section (or each Part). This will more clearly articulate the particular intent of each Section or Part. Improve the links between different parts of legislation in terms of their interaction (and the clarity and understanding of how these integrate). An example is the reporting in the Annual Report and the confusing aspects around how this works in with reporting required for the Municipal Public Health and Wellbeing Plan, National Competition Policy, Victorian Local Government Indicators, Carers Recognition Act, and also Best Value. Guidance on what should be reported where would be helpful – this might require prescriptiveness in the Act supported by guidelines (similar to the recent LG Practice Guides).

CONCLUSION The review of the Local Government Act 1989 is a significant reform proposal for Victorian Local Government and it is appropriate therefore that Banyule Council contribute to the discussion on the development of a new Act. The State Government, having released an initial high level Discussion Paper, is seeking submissions and feedback by 18 December 2015. At this early stage of the review it is proposed to make a submission on behalf of Banyule Council which states a general support for the MAV submission and the specific Banyule feedback outlined in this report.

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LOCAL GOVERMENT ACT 1989 REVIEW - SUBMISSION contâ&#x20AC;&#x2122;d Council will also have the opportunity to be represented as part of other peak bodiesâ&#x20AC;&#x2122; submissions and there will be further consultation sought by the Government once the Directions Papers are released. Members of the public are also being encouraged to participate in the review, particularly if they have a keen interest in the future of local government in Victoria.

ATTACHMENTS No.

Title

MAV Draft Submission - LGA Review

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6.6

ASSEMBLY OF COUNCILLORS

Author:

Kellie O'Shea - Senior Governance Officer, Corporate Services

File:

F2015/337

6.6

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:

23 November 2015

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

- Confidential Matters

Councillors Present:

Steven Briffa Mark Di Pasquale Craig Langdon Jenny Mulholland

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Joseph Tabaco – Manager, Property & Economic Development Jeanette Kringle – Coordinator, Property Carol Richards - Scouts Association Victoria Jan Ryan - Scouts Association Victoria John De Wijin - Scouts Association Victoria

Others Present:

Conflict of Interest:

Nil

Date of Assembly:

23 November 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

 Local Government (Improved Governance) Amendment Act 2015  Local Government Act Review

Councillors Present:

Steven Briffa

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ASSEMBLY OF COUNCILLORS cont’d Mark Di Pasquale Craig Langdon Jenny Mulholland Rick Garotti

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Gina Burden – Manager, Governance & Communication James Kelly – Manager, Assets & Infrastructure

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

30 November 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 30 November 2015 as listed below: 1.1 Divest Banyule City Council from Fossil Fuels 2.1 Supervised Children's Crossings 2.2 Traffic Investigation - Frye Street, Meakin Street and Trist Street, Watsonia North 4.1 State Government Review of Metropolitan Planning Strategy - Plan Melbourne Refresh 4.2 Martins Lane, Viewbank - Proposed Children's Crossing 4.3 Planning Scheme Amendment C110 – Greensborough Activity Centre Review 4.4 Alphington Paper Mills Proposal - Revised Development Plan 4.5 Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment 5.1 Macleod Recreation and Fitness Centre Master Plan 5.2 General Code of Conduct - Public Meetings 5.3 Banyule Arts and Cultural Advisory Committee - appointment of members 6.1 Section of Road (RW028) Adjacent to the Rear of 4/98 Lower Heidelberg Road Ivanhoe - Proposed Discontinuance and Sale - Hearing of Submissions 6.2 The rear of 43 Haig Street Heidelberg Heights Proposed Road Discontinuance and Sale of Land 6.3 Creation of Plantation Lane 6.4 Proposed Lease to Montmorency, Ivanhoe and Rosanna Bowling Clubs Permission - commence

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ASSEMBLY OF COUNCILLORS cont’d statutory procedures 6.5 Air rights over Forge Lane between 37 Burgundy and 4 Villa Street Heidelberg - Licence 6.6 Assembly of Councillors 8.1 Annual Somali Community Festival

Councillors Present:

Steven Briffa Craig Langdon Jenny Mulholland Tom Melican

Staff Present:

Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Joseph Tabaco – Manager, Property & Economic Development Joel Elbourne- Manager, Urban Planning & Building Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Gina Burden – Manager, Governance & Communication Emily Outlaw – Governance Officer

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

7 December 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

Amendment C107 - Planning Matters

Councillors

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

Present:

Staff Present:

Others Present:

Sarah Lockyer – Ecoline Dean Savage – FR Perry Rob Black – Parks Victoria Gary French – Parks Victoria

Conflict of Interest:

Nil

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ASSEMBLY OF COUNCILLORS cont’d 5

Date of Assembly:

7 December 2015

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

Confidential Matters

Councillors Present:

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

Staff Present:

Others Present:

Nil

Conflict of Interest:

Nil

Date of Assembly:

7 December 2015

Type of Meeting:

Councillor Briefing

Matters Considered:

 One Flintoff Update  Anniversary of Long Tan  La Trobe Sporting Precinct Masterplan  Banksia Street Community Stadium Update  Parking Permit Policy Steven Briffa Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Councillors Present:

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Joseph Tabaco – Manager, Property & Economic Development Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Bailey Byrnes – Team Leader, Transport Planning Arun Chopra – Manager, Capital Projects Kate Chapell – Coordinator, Greensborough Office Project Tom Zappulla – Coordinator, Leisure Facilities Darren Bennett – Manager, Leisure, Recreation & Culture Services

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Others Present:

Natalie Macdonald – La Trobe University Susan Davies - La Trobe University Russ Hoyle - La Trobe University

Conflict of Interest:

Nil

6.6

ASSEMBLY OF COUNCILLORS cont’d

RECOMMENDATION That the Assembly of Councillors report be received.

ATTACHMENTS Nil

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6.7

AWARD OF CONTRACT FOR PANEL OF CONSULTANTS FOR TRAFFIC,TRANSPORT, DRAINAGE AND CIVIL WORKS DESIGN SERVICES - CONTRACT 0853-2016

Author:

Bailey Byrnes - Transport Planning Team Leader, City Development

File:

F2015/5333

EXECUTIVE SUMMARY This report considers the awarding of contracts to a panel of 13 engineering consultants across three categories for a period of one (1) year commencing on 1 January 2016 with the option to extend each contract for a further four (4) x one (1) year periods subject to continued satisfactory performance of the individual contractor. Council’s previous panel for traffic and transport engineering services expired on 1 January 2015. The panel has been extended to provide investigation, concept and detailed design services and support across three engineering categories: traffic and transport engineering, drainage engineering, and civil design services. The tender document required each tenderer to submit a schedule of rates, details on current and past projects, project personnel and evidence of environmental management and OHS processes. A total of 27 tenders were received. Thirteen (13) tenderers are recommended for the panel and have been selected on the basis of their respective scores from the tender evaluation matrix. RECOMMENDATION That: 1.

The following contract be awarded for the provision of traffic, transport, drainage and civil works to Banyule City Council: Contact No: 0853-2016 Allocate contracts to the following panel of 13 engineering contractors for one year commencing 1 January 2016 with the option to extend the contracts by a further four (4) x one-year periods. Transport Services  Traffix Group Pty Ltd  Trafficworks Pty Ltd  One Mile Grid Pty Ltd Drainage Services  BMT WBM Pty Ltd  Cardno Victoria Pty Ltd  Engeny Management Pty Ltd  Water Technology Pty Ltd

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AWARD OF CONTRACT FOR PANEL OF CONSULTANTS FOR TRAFFIC,TRANSPORT, DRAINAGE AND CIVIL WORKS DESIGN SERVICES CONTRACT 0853-2016 cont’d Civil Works Services  CRE Consulting Engineers Pty Ltd  Civil Road Solutions Pty Ltd  Argot Consultants Pty Ltd  FMG Engineering  Van der Meer Consulting  Inframanagement Pty Ltd 2.

The Common Seal of the Banyule City Council be affixed to the above Contracts accordingly.

Council authorise the Chief Executive Officer or delegate to negotiate more favourable terms if available.

Council authorise the Chief Executive Officer to approve future extensions under the existing agreements. 5.

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AWARD OF CONTRACT FOR PANEL OF CONSULTANTS FOR TRAFFIC,TRANSPORT, DRAINAGE AND CIVIL WORKS DESIGN SERVICES CONTRACT 0853-2016 cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. DISCUSSION The engineering services panel will provide support in the investigation of traffic, transport and drainage issues, and prepare concept and detailed designs for transport, drainage and civil works projects. Tenderers were invited to apply for up to three categories of service provision: traffic and transport engineering, drainage engineering, and civil design services. The tender closed on 24 November 2014. A total of 27 companies made a tender submission, 16 for the Transport panel, 13 for the Drainage panel, and 15 for the Civil Works panel. It is noted that some companies applied for more than one panel. TECHNICAL CONSIDERATION The tender document required each tenderer to submit a tender schedule detailing rates, details on current and past projects, project personnel and evidence of environmental management and OHS processes. The tenders were evaluated and scored using the following criteria:      

Pricing structure; Demonstration of qualification, experience and skills in provision of similar types of services; Capacity to provide a broad range of consultancy services & flexibility to add value; Methodology & understanding of Local Government legislation; Existence of Accredited Management System, Quality and OH&S; and Referee feedback.

The tender evaluation team comprised staff from Council’s Engineering Services, Capital Projects and Procurement departments. After evaluating the response 13 panellists were chosen for the mix of services that can fulfil Council’s needs across the three service categories: Transport Services  Traffix Group Pty Ltd  Trafficworks Pty Ltd  One Mile Grid Pty Ltd Drainage Services  BMT WBM Pty Ltd  Cardno Victoria Pty Ltd  Engeny Management Pty Ltd  Water Technology Pty Ltd

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AWARD OF CONTRACT FOR PANEL OF CONSULTANTS FOR TRAFFIC,TRANSPORT, DRAINAGE AND CIVIL WORKS DESIGN SERVICES CONTRACT 0853-2016 cont’d Civil Design Services  CRE Consulting Engineers Pty Ltd  Civil Road Solutions Pty Ltd  Argot Consultants Pty Ltd  FMG Engineering  Van der Meer Consulting  Inframanagement Pty Ltd These contractors have been chosen for the panel as they offer a mix of engineering services suitable for Council’s needs. Some of the tenders cannot fulfil all of Council’s requirements, however collectively Council can achieve competitive pricing for the different services required. No contractor will be guaranteed a specific volume of work under the panel arrangement. FUNDING IMPLICATIONS Works awarded through this contract will be funded through operating and capital budgets. The value of works awarded under this contract will be dependent on the allocation of funding for engineering and civil works in future council budgets. TIMELINES The contract if successfully awarded is scheduled to begin on 1 January 2016, for a contract term of up to five (5) years. The contact structure will be for a period of one (1) year with a further four (4) one-year extension options, at Councils discretion and subject to continued satisfactory performance of the individual contractor. CONCLUSION A tender process has been undertaken for a panel of engineering contractors for the provision of traffic, transport, drainage and civil works services. 27 submissions were received across the three categories of service provision: traffic and transport engineering, drainage engineering, and civil design services. After a thorough tender and evaluation process, 13 tenderers have been recommended for the inclusion on the panel: Transport Services  Traffix Group Pty Ltd  Trafficworks Pty Ltd  One Mile Grid Pty Ltd Drainage Services  BMT WBM Pty Ltd  Cardno Victoria Pty Ltd  Engeny Management Pty Ltd  Water Technology Pty Ltd Civil Design Services  CRE Consulting Engineers Pty Ltd  Civil Road Solutions Pty Ltd  Argot Consultants Pty Ltd

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6.7

Performance - Use Our Resources Wisely

AWARD OF CONTRACT FOR PANEL OF CONSULTANTS FOR TRAFFIC,TRANSPORT, DRAINAGE AND CIVIL WORKS DESIGN SERVICES CONTRACT 0853-2016 cont’d   

FMG Engineering Van der Meer Consulting Inframanagement Pty Ltd

These contractors have been chosen as they offer a mix of engineering services suitable for Council’s needs and provide competitive pricing for the different services required.

ATTACHMENTS Nil

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7.1

Sealing of Documents

7.1

SEALING OF DOCUMENTS

Author:

Andrea Turville - Property Officer, City Development

Ward:

Bakewell, Olympia, Hawdon

File:

F2013/1133 x F2013/1160, F2013/1014, F2015/4298, F2015/1774, F2013/1303

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

The Deed of Renewal and Variation of the agreement between Banyule City Council and Willinda Park Management Committee Inc for the management of the Willinda Park athletic track and pavilion located at 21a Talbot Street, Greensborough for the term of ten (10) years commencing 31 March 2014 and ending 30 March 2024.

The Deed of Surrender of Lease between Banyule City Council and Royal District Nursing Service Limited for the land and improvements located at 100 Oriel Road, Bellfield.

Contract No: 0855-2016, Construction of Timber Paling, Chain Wire and other Fences.

Jonathan Atkinson, Student Planner and Mitchell Goodfellow, Planning Technical Officer be appointed and authorised as set out in the Instrument of Authorisation and the Common Seal of the Banyule City Council be affixed to the Instrument.

The Deed of Variation of Lease between Council and the Retuned Services League of Australia Inc as Trustee for the Montmorency RSL Sub-Branch Building Patriotic Fund to limit the number of gaming machines to 50.

The Deed of Variation of the Trust Deed between Council and the Montmorency-Eltham RSL Sub-Branch Inc (Sub-Branch) to increase the contributions to $50,000 per annum.

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

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

Ordinary Meeting of Council - 14 December 2015

Banyule City Council and Willinda Park Management Committee Inc. Andrea Turville F2013/1133 x F2013/1160 Deed of Renewal and Variation 21a Talbot Street, Greensborough Bakewell

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Sealing of Documents

SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:

Council is the owner of the land and improvements known as Willinda Park located at 21a Talbot Street, Greensborough. The Willinda Park athletic track and the pavilion are currently leased under a Management Agreement to Willinda Park Management Committee Inc. (“the Committee”). The Committee is comprised of representatives from the Diamond Valley Little Athletics, the Diamond Valley Athletics Club and the Ivanhoe Harriers, who collectively manage the athletic track and pavilion on behalf of Council. The agreement expired on the 30 March 2014 and the Committee exercised the option to renew the agreement for the further ten (10) years commencing 31 March, 2014 and ending 30 March, 2024. A Deed of Renewal and Variation (Deed) has been prepared with the commencing fee of $10,000 per annum plus GST, reviewed annually and indexed by CPI. The Deed has also been varied to: 1) 2) 3) 4) 5)

oblige the Committee to increase the limit of public liability insurance to $20,000,000; include standard Rules and Regulations and a current Asbestos Report; update the Additional Provisions; include an updated list of Council’s Installations; and include an updated Site Plan.

The Deed has been executed by the Committee. Council should support the proposal to renew and vary the agreement by formally ratifying and resolving to affix its Common Seal to the Deed of Renewal and Variation. 2

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

Ordinary Meeting of Council - 14 December 2015

Banyule City Council and Royal District Nursing Service Limited (“RDNS”) Andrea Turville F2013/1014 Deed of Surrender of Lease 100 Oriel Road, Bellfield (“Premises”) Olympia

Page 140

SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:

Council is the owner of the land and improvements located at 100 Oriel Road, Bellfield (Premises). The premises were leased by the former Heidelberg Council to the Royal District Nursing Service Limited (“RDNS”) for a period of 75 years. Due to a recent review of its operations, RDNS now seeks to surrender the balance of the term of the lease, which does not expire until 17 November 2044. Agreement has been reached in relation to the surrender date and for RDNS to vacate the premises by 31 December 2015. A Deed of Surrender of Lease has been executed by RDNS. Council should now support the proposal to surrender the balance of the lease term by formally ratifying and resolving to affix its Common Seal to the Deed of Surrender of Lease.

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

Prowire Fencing Group t/as Melbourne Chainwire Fencing (Contractor) and Banyule City Council Mark McNamara F2015/4298 Novation of Contract PO Box 1045, Research 3095 N/A Council currently has a contract with Melbourne Chainwire Fencing, U6, 62 Dunvegan Crescent, Macleod. (Contractor) for the construction of chainwire fencing requirements. This business has since been sold to Prowire Fencing Group Pty Ltd to trade as Melbourne Chainwire Fencing commencing 1st January 2016. The original Contract, entered into on 21 October 2015 provided for a term of two (2) years with 3 x 1 year extension options. The novated contract is on the same terms and conditions as the current contract. Council should support the proposal to novate the current contract for the current term of two (2) years by resolving to affix its Common Seal to the Deed of Renewal and Variation of Lease.

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

Banyule City Council Ellen Kavanagh F2015/1774 Instrument of Authorisation

Ordinary Meeting of Council - 14 December 2015

Page 141

7.1

Sealing of Documents

7.1

Sealing of Documents

SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:

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



Demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed. To enter land at any reasonable time and to enforce the Planning and Environment Act.

The Instrument of Authorisation for Jonathan Atkinson and Mitchell Goodfellow requires the Council Seal. 5 PARTY\PARTIES: .

OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD:

Ordinary Meeting of Council - 14 December 2015

Banyule City Council (Landlord) and the Returned Services League of Australia (Victorian Branch) Inc As Trustee for the Montmorency RSL Sub-Branch Building Patriotic Fund (Tenant) Jeanette Kringle F2013/1303 Deed of Variation of Lease 16 Mountain View Road Montmorency Hawdon

Page 142

SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:

At its Meeting of 25 May 2015 (CO2015/132) Council agreed ‘in principle’ to an amendment to the lease for the Council-owned land occupied by the Montmorency Eltham RSL to allow for an increase in the Electronic Gaming Machines to fifty (50) subject to securing appropriate lease clauses in relation to the community benefit initiatives to be provided by the RSL. It is proposed that the lease be varied, amongst other things, to limit the number of gaming machines as specified in the permitted use to no more than 50. (The current number of machines is 35). The proposal to vary the lease is also subject to agreement being reached with the MontmorencyEltham RSL Sub-Branch Inc (RSL) to amend the Banyule Montmorency-Eltham RSL Trust Deed to incorporate the community benefit initiatives referred to above. Council should support the proposal to vary the Lease by formally ratifying and resolving to affix its Common Seal to the Deed of Variation of Lease.

PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD:

Ordinary Meeting of Council - 14 December 2015

Banyule City Council (Council) and the MontmorencyEltham RSL Sub-Branch Inc (Sub-Branch) Jeanette Kringle F2014/1801 Deed of Variation of Trust Deed 16 Mountain View Road Montmorency Hawdon

Page 143

7.1

Sealing of Documents

7.1

Sealing of Documents

SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:

At its meeting of 25 May 2015 (CO2015/132) Council agreed ‘in principle’ to an amendment to the lease for the Council-owned land occupied by the Montmorency Eltham RSL to allow for an increase in the Electronic Gaming Machines to fifty (50) subject to securing appropriate lease clauses in relation to the community benefit initiatives to be provided by the RSL. The Trust Deed between the Montmorency-Eltham RSL Sub-Branch Inc (RSL) and Council dated 17 April 2014 is ancillary to the Lease. The Trust Deed established a charitable trust and the mechanisms by which the funds contribute to community benefit initiatives. It is proposed that the Trust Deed be varied, amongst other things, to limit the number of gaming machines permitted to no more than 50 (the current number of machines is 35). The proposal is also subject to agreement being reached to oblige the RSL to increase the annual contributions payable under that Deed to $50,000 per annum on and from the date any additional gaming machine become operational or 16 May 2016 whichever is the earlier and if earlier then pro rata from the date such additional gaming machine becomes operational. Council should support the proposal to vary the Trust Deed by formally ratifying and resolving to affix its Common Seal to the Deed of Variation of Trust Deed.

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 December 2015

Page 144

8.1

MALAHANG RESERVE SURVEY

Author:

Cr Craig Langdon

File:

F2014/58

8.1

Notice of Motion

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

(a) (b)

Council survey the next stage of the Masterplan covering Malahang Reserve to the 3081 postcode area north of Bell Street; and The survey includes the possibility of paving the car park, creating a kiosk/cafĂŠ (possibly for the purposes of a training facility or social enterprise) including new toilet facilities near the playground, extending the Bike Shed as well as the existing proposal.

A report be prepared on the cost and feasibility of (a) (b) (c)

constructing the Malahang Reserve carpark; extending the Bike Shed; building a kiosk/cafe as well as replacing the existing old toilet block.

The matter be subject to a business case.

The survey includes the contact details of the Ward Councillor.

Explanation Malahang Reserve is listed in the Top 10 of the Playgrounds within Melbourne and scores a 4 star (out of 5) rating in others across for the State. The Malahang Festival is an outstanding success and keeps growing every year with more stall holders, events and visitors. It unfortunately has a gravel car park which can blow dust onto the playground which is situated nearby. The toilet facilities are extremely old and inadequate. The Kiosk/cafe at Possum Hollow is heavily utilised during peak periods by users of the park and those traveling past. A similar proposal could be considered for Malahang Reserve potentially seeking opportunities for a facility used to train people in hospitality (eg. Social enterprise). The Bike Shed is heavily utilised but has become inadequate for the demands placed on it. The survey seeks support/comments on extra BBQ areas and other works. CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 14 December 2015

Page 145

8.2

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015

Author:

Cr Craig Langdon

Ward:

Olympia

File:

F2014/492

TAKE NOTICE that it is my intention to move: “That Council notes the report from the Mayor on the meetings he has attended from 1 July – 16 November 2015 (end of 2014/15 Mayoral term).” Explanation Below is a summary of the various meetings I have attended, including Council Meetings, Council Briefings, Advisory Committee meetings and Community meetings and events. Council Meetings Council Briefings 6 July 2015 13 July 2015 20 July 2015 27 July 2015 3 August 2015 10 August 2015 17 August 2015 31 August 2015 7 September 2015 14 September 2015 21 September 2015 28 September 2015 5 October 2015 12 October 2015 19 October 2015 26 October 2015 *22 October 2015 9 November 2015 16 November 2015 *18 November 2015 *Denotes Special Confidential Meeting

Cemetery Trust  5 October 2015

Other Council Related Meetings: 1 July 2015 2 July 2015 3 July 2015 6 July 2015

10 July 2015 14 July 2015 15 July 2015 16 July 2015

Planning Consultation Meeting & NOM Discussion Disability Inclusion Advisory Committee Meeting Planning Applications Meeting – Olympia Ward Planning Meeting with Resident Banyule Age Friendly City Advisory Committee Mayoral Ball Discussion Community Safety Working Group Meeting Development Planning Meeting Council Resident Meeting Banksia Community Stadium FAQ Strategic Planning Meeting Planning Meeting - Victorian Heritage Nomination at Yallambie Parklands MAV Metro East Region Reps, Mayor & CEO Session Banyule’s Change Makers 2015 Volunteers of Banyule (VoB) Merger

Ordinary Meeting of Council - 14 December 2015

Page 146

8.2

Notice of Motion

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015 cont’d

17 July 2015 20 July 2015

21 July 2015

22 July 2015 23 July 2015

24 July 2015 24, 25, 26 July 2015 25 July 2015 28 July 2015 29 July 2015

30 July 2015

31 July 2015 1 August 2015 3 August 2015 4 August 2015 5 August 2015 6 August 2015

7 August 2015 8 August 2015 10 August 2015

11 August 2015

12 August 2015 13 August 2015

Strategic Planning Meeting Community Grants Presentation Evening 2014-2015 Round 2 Meeting with Shadow Minister for Planning & Local Government Meeting with BANSIC and Volunteers of Banyule (VOB) and Diamond Valley Community Support (DVCS) Planning Applications Meeting - Bakewell, Griffin & Olympia Wards Council Resident Meeting Re: Watermarc White Ribbon Action Team Meeting - July Olympic Park Master Plan - Initial Meeting Drop-in community information sessions for the Draft Banyule Integrated Transport Plan – July 2015 Banksia Stadium Community Consultation - Session 1 Banksia Stadium Community Consultation - Session 2 Melbourne Northern Metro Mayor & CEO Forum Notice of Community Information Drop-In Sessions Relating to the Draft Banyule Integrated Transport Plan - July 2015 Citizenship Ceremony Youth Foundation - Basketball Court Meeting Councillor Development Weekend Community Event - EID Celebrations and PSIF Launch Notice of Community Information Drop-In Sessions Relating to the Draft Banyule Integrated Transport Plan - July 2015 Manningham Ordinary Council Meeting Community Briefing Community Workshop - Public Open Space Strategy Review Resident Meeting Launch - Lower Plenty Serpent Sculpture Planning Consultation Meeting Community Workshop - Banyule Public Open Space Strategy Review Strategic Planning Meeting Eaglemont Dirt Jumps Launch Celebration Community Safety Working Group Meeting Customer Service Team Leader Meeting Open House Meeting Special Meeting Darebin Creek Management Committee (DCMC) Opening Night - 'WE - Inclusive Arts' Exhibition at Hatch Malahang Reserve – Planning Workshop Planning Meeting SRV Yarra Valley Hockey Centre Meeting Vic Roads Truck Curfews - Community Info session Multicultural Advisory Committee meeting Catch Up Re: Victoria Cross Estate Council & Local Members Meeting Vic Roads Truck Curfews - Community Info session Montmorency Community Group Australian Political Exchange Council - 5th Delegation from the Republic of South Presentation and Luncheon Strategic Planning Discussion Victoria Cross (VC) Estate Project Graffiti Management Strategy Launch Planning Applications Meeting - Griffin & Olympia Ward Meeting with Constituent LGBTI Advisory Committee Opening of Simms Road Pavilion - Stage 2 BEAC Meeting Metropolitan Local Government Waste Forum

Ordinary Meeting of Council - 14 December 2015

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8.2

Notice of Motion

8.2

Notice of Motion

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015 contâ&#x20AC;&#x2122;d 14 August 2015

15 August 2015 17 August 2015 18 August 2015 19 August 2015

21 August 2015 24 August 2015

25 August 2015 26 August 2015

27 August 2015

1 September 2015 2 September 2015 3 September 2015 4 September 2015 7 September 2015

8 September 2015 9 September 2015

10 September 2015 12 September 2015 13 September 2015 14 September 2015 15 September 2015 17 September 2015 29 September 2015 30 September 2015

1 October 2015 5 October 2015 6 October 2015

7 October 2015 8 October 2015 12 October 2015 13 October 2015 14 October 2015

Banyule Age-friendly City Advisory Committee Malahang Basketball Court Meeting Banksia Community Stadium Meeting Haigh Street Development Site Office Meeting Vic Roads Meeting CEO / Mayor / Communications Meeting Development Planning Meeting Roundtable Discussion with the Salt Foundation Consultation Meeting Disability Inclusion Advisory Committee Meeting Strategic Planning Meeting Resident Meeting Planning Meeting Planning Applications Meeting - Griffin, Olympia and Hawdon Wards Nillumbik Council - Ordinary Council Meeting North West Emergency Exercise Jewell VIP Session 1 - Yarra North West Emergency Exercise Jewell VIP Session 2 - Moreland Aboriginal & Torres Strait Islander Briefing Resident Meeting Aboriginal & Torres Strait Islander Advisory Group Community Meeting Ivanhoe Aquatic Fitness redevelopment meeting Malahang Working Group Meeting Banyule Disability Advisory Committee 3081 Project meeting Northern Eastern Prayer Breakfast Community Safety Working Group meeting Planning meeting Olympia Ward Strategic Planning meeting Planning /Consultation meeting Minister Meeting Consultation meeting Early Grants Assessment meeting (BEAC )Banyule Environmental Advisory Committee MAV Metro Forum and Dinner Community Meeting Youthfest 2015 Community Meeting La Trobe Sports Precinct Presentation 25 Anniversary of the Vic Parliamentary Internship VC Estate signage site meeting Olympia Ward Planning meeting VC Estate Signage opening Planning meeting Planning meeting Banyule Scout Ass Annual Report and presentation Seniors Morning Tea Community Safety Working Group Clyde James Smith Memorial Police Leadership Award Presentation LGBTI Advisory Committee meeting Planning discussion Planning meeting Youth Summit Report Card Banyule Award for Works on Paper Banyule Environmental Advisory Committee meeting (BEAC)

Ordinary Meeting of Council - 14 December 2015

Page 148

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015 contâ&#x20AC;&#x2122;d 15 October 2015 20 October 2015 21 October 2015

22 October 2015 23 October 2015

26 October 2015 27 October 2015

28 October 2015 29 October 2015

30 October 2015 4 November 2015 5 November 2015

6 November 2015

7 November 2015 8 November 2015 9 November 2015 10 November 2015 11 November 2015

12 November 2015

Multicultural Advisory Committee Warringal Cemetery Presentation to Yarra Plenty Library Banyule Liquor Forum Community Safety Month Community Meeting Planning meeting MAV Conference & Dinner Cartedge Reserve Turning of the Sod Ivanhoe Aquatic redevelopment meeting Banyule Community Ball Strategic Planning Meeting Children's Week- Banyule children's book launch Department of Education meeting Greensborough Project Community Information session Childrenâ&#x20AC;&#x2122;s week film festival Banyule BestBiz Awards Presentation Presentation of Clyde James Smith Award plaque. Citizenship Ceremony Darebin-Yarra Trail Link Stage 1Familiarisation Walk Site Inspection - Brind Niche Wall at Springvale Botanical Cemetery Banyule Disability Advisory Committee meeting Budget review Planning meeting Greensborough Project Community Information Session Planning meeting One Flintoff - Greensborough Launch Shop 48 Community Hub Launch Official naming of Barclay Park Cherry St Remembrance Day ceremony Petrie Park Remembrance Day Ceremony CEO & Mayors Briefing on Plan Melbourne Greensborough RSL Grants Assessment meeting Greensborough War Memorial Time Capsule dedication Austin Hospital Observance Ceremony for Remembrance Day 2015 Conversation and Presentation about the Spiritual Walk at Babarrbunin Community Meeting Sporting Club Meeting Naming of Pavilion at Seddon Reserve

Community Meetings/Events 3 July 2015 5 July 2015 8 July 2015 9 July 2015 14 July 2015 22 July 2015

Ramadan Iftar Dinner Bellfield Community Garden Working Bee Victorian Government NAIDOC Week Reception Better Apartments Discussion Youth Employment Forum Lions Club Meeting Bellfield Community Garden Meeting Sporting Club Meeting

29 July 2015 1 August 2015

Sporting Club Meeting

6 August 2015

Heats for Banyule has Talent St Margaret's Eltham Commemorative Service Sporting Club Meeting Makers Olympic Village Market - Winter Market Ivanhoe Photographic Society Meeting

Ordinary Meeting of Council - 14 December 2015

Page 149

8.2

Notice of Motion

8.2

Notice of Motion

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015 cont’d 9 August 2015 10 August 2015 12 August 2015 14 August 2015 15 August 2015 16 August 2015 18 August 2015 20 August 2015 26 August 2015 27 August 2015 28 August 2015 29 August 2015 3 September 2015 4 September 2015 9 September 2015 12 September 2015 14 September 2015 15 September 2015 16 September 2015 19 September 2015 20 September 2015 21 September 2015 22 September 2015 23 September 2015 24 September 2015 25 September 2015 29 September 2015 30 September 2015 1 October 2015 4 October 2015

8 October 2015 10 October 2015 11 October 2015 13 October 2015 14 October 2015 15 October 2015 16 October 2015 17 October 2015 19 October 2015 20 October 2015 21 October 2015 24 October 2015

Open House Meeting La Trobe University Opening event Rosanna Fire Station & Community House - AGM Observance Ceremony for Vietnam Veterans Day Montmorency RSL Vietnam Veterans Day Monty Artist on Were Street – Official Opening Bellfield Community Garden Juniors West Ivanhoe Roosters Grand Final Football Party Livingstone Community Centre AGM Montmorency Scout Hall - Official Opening Bellfield Community Centre Meeting Darebin Creek Management Committee Meeting Sporting Club Meeting Growing Abundance Dinner Sporting Club Meeting Spring Fair 2015 Eaglemont Village Northern Business Achievement Award Breakfast Annual Art Exhibition for People with a Disability Bedford Dewar meeting Launch of Life Hacks Book Sporting Club family festival Macleod Park Café Opening Youth Foundation 2015 Celebration Principal for the day Melbourne Fringe Furniture Opening & Presentation Sporting Club Lunch BullyZero Australia Foundation Charity Ball Bellfield Community Garden Community Working Bee NEJTA Tennis Tournament Eaglemont and Viewbank Diamond Valley Community Support AGM Greensborough Chamber of Commerce AGM Bellfield Community Garden meeting Run for your Life Australian Artist Gillie and Marc Ivanhoe RSL meeting FFA Soccer Greensborough Business Breakfast Warringal Conservation Society AMG Wellness Walk, Function and Street party Banyule Housing Support Group 40th Anniversary celebration and book launch Ivanhoe library 50th Celebrations Banyule L2P Learner Driver Mentor Program Ivanhoe Library Community Day Celebrations Book Launch - A Farm on the Plenty Olympic Child and Family Official Opening Break the Silence Event Kalparrin AGM Pinpoint Workshop – The art of storytelling Olympic Adult Education Meeting City of Whittlesea Annual Mayoral Dinner Ivanhoe Grammar School Transition to Compliance Charles La Trobe College & Olympic Village Writers festival Pinpoint Screening – Hatch Contempory Arts All Saints Anglican Church Community Lunch Community Session Community Safety Month Diamond Village Shopping Centre Reclaim the Night event

Ordinary Meeting of Council - 14 December 2015

Page 150

MAYORAL DUTIES AND ATTENDANCE 1 JULY - 16 NOVEMBER 2015 cont’d

25 October 2015

30 October 2015 4 November 2015 6 November 2015 7 November 2015

8 November 2015 9 November 2015 11 November 2015 12 November 2015 13 November 14 November 2015 15 November 2015

The Textile Art Community Joint opening Darebin & Banyule Ivanhoe Photographic Society 60 year dinner dance Bellfield Community Garden Official opening Picnic in the Park and Playground Launch Celebrating the Centenary of the 1st Catholic Church in Ivanhoe Cyril Cummins Hockey end of year celebrations Breakfast with the Birds Ivanhoe RSL Meeting Roadrunner Tball Smash Malahang Working Group Meeting Community Meeting Resident Meeting Greensborough Skate & BMX Competition Sporting Club Meeting Voda Fest Czech & Slowvak Festival Music in the park – EJ Andrew Reserve Briar Hill Meeting with resident Darebin Creek Management Committee AGM Meetings with Residents x 3 Banksia Palliative Care Services AGM Rosanna Primary School formal assembly 75th Anniversary Northern Health Annual Dinner Malahang Community Festival – and Banyule’s got talent judging Rosanna Primary School fair

The listing of these events does not cover the numerous meetings I have with the CEO and other staff, nor does it include meetings with individual constituents. The meetings listed usually include various staff and/or a number of community / residents. Council-related meetings and community meetings have been separated. I have endeavoured to attend all meetings for the entire time they were conducted but it was not always possible.

CR CRAIG LANGDON Olympia Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 December 2015

Page 151

8.2

Notice of Motion

8.3

SOUND BARRIERS ALONG GREENSBOROUGH HIGHWAY

Author:

Cr Mark Di Pasquale

Ward:

Bakewell

File:

F2015/57

8.3

Notice of Motion

TAKE NOTICE that it is my intention to move:

“That Council: 1.

Recognise that VicRoads is the responsible authority for sound barriers associated with declared Main Roads like the Greensborough Highway.

Advocate to VicRoads that the amenity needs of the residents surrounding Greensborough Highway be respected and appropriate noise barriers be installed.

Request VicRoads review: a.

The standard of sound barriers along the Greensborough Bypass/Greensborough Highway in comparison with relevant standards and guidelines as well as to more recently installed barriers along similar roads.

Measures along the Greensborough Highway in the Macleod area where sound barriers don’t exist and traffic is travelling directly outside residential dwellings and other areas that are not protected by sound barriers and have only wire mesh fencing.

Whether the bridge that is above Kempston Street Greensborough should also be fitted with sound barriers to minimise noise travelling down the valley.

The possibility of tree planting within residential areas along the existing sound barriers to create a ‘green’ screen. Where there are existing trees they may require maintenance of replacement.”

Explanation VicRoads is the responsible authority for sound barriers associated with freeways and highways. The original design of the Greensborough Bypass included a service road along the existing Greensborough Road in Macleod however, due to budget constraints the service road was not constructed. This has led to the absence of sound barriers in this location which is predominantly a residential area. The sound barriers currently in place along the Greensborough Highway/ Greensborough Bypass are thought to be inconsistent with standard practices along similar highways and it is appropriate for them to be replaced with barriers that comply with current standards.

Ordinary Meeting of Council - 14 December 2015

Page 152

SOUND BARRIERS ALONG GREENSBOROUGH HIGHWAY contâ&#x20AC;&#x2122;d It is believed that there are measures that could be taken to improve the current conditions, both in relation to noise and the visual aspect of the sound barriers. This will also improve the amenity of local residents.

CR MARK DI PASQUALE Bakewell Ward

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 December 2015

Page 153

8.3

Notice of Motion

ATTACHMENTS

2.2

Women's Particpation - Gender Equality Attachment 1 Attachment 2

3.2

Sustainability Fund - Priority Statement Attachment 1

4.1

Discussion plan - modified ground floor layout............................... 221 Planning policy and assessment.................................................... 223

Scouts Association of Australia Victorian Branch - Lease Attachment 1

6.5

Advertised plans ............................................................................ 204 Assessment against Higher Density Design Guidelines ................. 205 Neighbourhood Character Assessment ......................................... 216

Mixed use development at 9-11 Martin Street & 12 Powlett Street and 230 Burgundy Street HEIDELBERG Attachment 2 Attachment 3

6.2

Submission Letter to DEDJTR ....................................................... 202

Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe Attachment 1 Attachment 3 Attachment 4

4.5

Signage Permit .............................................................................. 168 Endorsed Plans ............................................................................. 173 Revised Outdoor Advertising Policy - Part 2 .................................. 175

Victorian Cycling Strategy - Submission Attachment 1

4.4

Approved ESD Policy .................................................................... 163

Revisions to the Outdoor Advertising Policy Attachment 1 Attachment 2 Attachment 3

4.3

Attachment A - Draft Sustainability Fund - Priority Statement ........ 162

Approval of Environmentally Sustainable Development Policy Attachment 1

4.2

Victorian Local Government Womens Charter ............................... 156 Gender Equality Strategy for Victoria ............................................. 157

Scout site plans ............................................................................. 238

Local Goverment Act 1989 Review - Submission Attachment 1

MAV Draft Submission - LGA Review ............................................ 248

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 155

Attachment 1: Victorian Local Government Womens Charter

Attachment 1

2.2

Item: 2.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 156

2.2

Attachment 2: Gender Equality Strategy for Victoria

Attachment 2

Item: 2.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 157

2.2

Attachment 2: Gender Equality Strategy for Victoria

Attachment 2

Item: 2.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 159

2.2

Attachment 2: Gender Equality Strategy for Victoria

Attachment 2

Item: 2.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 161

Attachment 1: Attachment A - Draft Sustainability Fund - Priority Statement

Attachment 1

3.2

Item: 3.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 162

Attachment 1: Approved ESD Policy

22.05

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT

--/-/2015

This policy applies throughout the City of Banyule to residential and nonresidential development that requires a planning permit in accordance with the thresholds in Table 1 of this Policy.

Prop osed 22.05-1 C73

4.1

Item: 4.1

Policy Basis

Banyule is committed to creating an environmentally sustainable city. Critical to achieving this commitment is for development to meet appropriate environmental design standards. This policy provides a framework for early consideration of environmental sustainability at the building design stage in order to achieve the following efficiencies and benefits:      

Easier compliance with building requirements through passive design; Reduction of costs over the life of the building; Improved affordability over the longer term through reduced running costs; Improved amenity and liveability; More environmentally sustainable urban form; and Integrated water management.

If environmentally sustainable design is not considered at the time of planning approval, the ability to achieve environmentally sustainable development may be compromised by the time these matters are considered as part of a building approval. In addition, there may be difficulties or extra costs associated with retrofitting the development to implement environmentally sustainable design principles. This policy does not prescribe performance outcomes. The policy enables the provision of information and provides decision guidelines which will assist in the assessment of whether development meets environmentally sustainable development objectives. This policy complements a range of non-statutory measures aimed at encouraging environmentally sustainable development. These measures include educating residents and applicants, assisting applicants to use Environmentally Sustainable Development (ESD) tools, leading by example with Council projects, promotion of exemplary private projects and promotion of use of materials with favourable life cycle impacts. 22.05-2

Objectives

The overarching objective is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation. In the context of this policy best practice is defined as a combination of commercially proven techniques, methodologies and systems, appropriate to the scale of development and site specific opportunities and constraints, which are ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 163

Attachment 1

This policy builds on and implements the sustainability objectives and strategies expressed in Clause 21.06 of the MSS relating to sustainable design.

4.1

Item: 4.1

Attachment 1: Approved ESD Policy demonstrated and locally available and have already led to optimum ESD outcomes. Best practice in the built environment encompasses the full life of the build. It is a policy to encourage innovative technology, design and processes in all development, which positively influence the sustainability of buildings. The following objectives should be satisfied where applicable: Energy performance

Attachment 1

To improve the efficient use of energy, by ensuring development demonstrates

design potential for ESD iniatives at the planning stage. To reduce total operating greenhouse gas emissions. To reduce energy peak demand through particular design measures (eg. appropriate building orientation, shading to glazed surfaces, optimise glazing to exposed surfaces, space allocation for solar panels and external heating and cooling systems). Water resources  To improve water efficiency.  To reduce total operating potable water use.  To encourage the collection and reuse of stormwater.  To encourage the appropriate use of alternative water sources (eg. greywater). Indoor Environment Quality

To achieve a healthy indoor environment quality for the wellbeing of building occupants, including the provision of fresh air intake, cross ventilation, and natural daylight. To achieve thermal comfort levels with minimised need for mechanical heating, ventilation and cooling. To reduce indoor air pollutants by encouraging use of materials with low toxic chemicals. To reduce reliance on mechanical heating, ventilation, cooling and lighting systems. To minimise noise levels and noise transfer within and between buildings and associated external areas. Stormwater Management  To reduce the impact of stormwater run-off.  To improve the water quality of stormwater run-off.  To achieve best practice stormwater quality outcomes.  To incorporate the use of water sensitive urban design, including stormwater re-

use. Transport To ensure that the built environment is designed to promote the use of walking,

cycling and public transport, in that order. To minimise car dependency. To promote the use of low emissions vehicle technologies and supporting

infrastructure. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 164

Attachment 1: Approved ESD Policy

Waste management

4.1

Item: 4.1

 To promote waste avoidance, reuse and recycling during the design,

construction and operation stages of development.  To ensure durability and long term reusability of building materials.  To ensure sufficient space is allocated for future change in waste managenement needs, including (where possible) composting and green waste facilities.

 To protect and enhance biodiversity within the municipality.  To provide environmentally sustainable landscapes and natural habitats, and minimise the urban heat island effect.  To encourage the retention of significant trees.  To encourage the planting of indigenous vegetation.  To encourage the provision of space for productive gardens, particularly in larger residential developments. 22.05-3

Policy

It is policy that applications for the types of development listed in Table 1 be accompanied by information which demonstrates how relevant policy objectives will be acheived. It is policy that applications for larger non-residential developments (as specified in Table 1) be accompanied by a Green Travel Plan. 22.05-4

Application Requirements

An application must be accompanied by either a Sustainable Design Assessment or a Sustainability Management Plan as specified in Table 1, as appropriate. A Sustainable Design Assessment will usually not need to be prepared by a suitably qualified professional. It should:  provide a simple assessment of the development. It may use relevant tools from the examples listed in the table or an alternative assessment approach to the satisfaction of the responsible authority; and  identify environmentally sustainable development measures proposed in response to policy objectives, having regard to the site’s opportunities and constraints. A Sustainability Management Plan should:  provide a detailed assessment of the development. It may use relevant tools from the examples listed in the table or an alternative assessment approach to the satisfaction of the responsible authority; and  identify achievable environmental performance outcomes having regard to the objectives of this policy (as appropriate); and  demonstrate that the building has the design potential to achieve the relevant environmental performance outcomes, having regard to the site’s opportunities and constraints; and  document the means by which the performance outcomes can be achieved.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 165

Attachment 1

Urban Ecology

4.1

Item: 4.1

Attachment 1: Approved ESD Policy

Various assessment tools have been listed in Table 1 which may be used to assess how the proposed development addresses the objectives of this policy, as appropriate. Table 1 – ESD Application Requirements

Type of Development

Application requirements

Example tools

Sustainable Design Assessment (SDA)

BESS

Attachment 1

Accommodation/Mixed Use with residential component of:

2- 9 dwellings; or Development of a building

STORM

for accommodation other than dwellings with a gross floor area between 50m2 and 1000m2.

Development of 10 or more dwellings.

Sustainability Management Plan (SMP)

Development of a building

BESS Green Star

for accommodation other than dwellings with a gross floor area of more than 1000m2.

MUSIC STORM

Non-residential Development of a nonresidential building with a gross floor area between 100m² and 1000m².

Sustainable Design Assessment (SDA)

BESS MUSIC STORM

Development of a nonresidential building with a gross floor area of more than 1000m².

Sustainability Management Plan (SMP)

Green Star BESS

Green Travel Plan (GTP) MUSIC STORM

Note 1: Development (in Table 1) has the same meaning as in Section 3 of the Planning and Environment Act 1987, but does not include subdivision. To remove any doubt, development also includes alterations and additions. In the case of alterations and additions, the requirements of the Policy apply only to the alterations and additions. Note 2: Mixed Use developments are required to provide the information applicable to each use component of the development. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 166

22.05-5

Attachment 1: Approved ESD Policy

Decision Guidelines

4.1

Item: 4.1

In determining an application, the responsible authority will consider as appropriate:  The extent to which the development meets the objectives and requirements of this policy from the design stage through to construction and operation.

 Whether the proposed environmentally sustainable development initiatives are reasonable having regard to the type and scale of the development and any site constraints.  Whether an appropriate assessment method has been used.  Whether an ESD plan or framework has previously been approved by the responsible authority (whether under a planning control or otherwise). 22.05-6

Reference Documents

BESS (Built Environment Sustainability Scorecard) bess.net.au, Council Alliance for a Sustainable Built Environment (CASBE), 2015 Green Star, Green Building Council of Australia www.gbca.com.au Guide for Best Practise for Waste Management in Multi-Unit Developments, Sustainability Victoria, 2010 Nationwide House Energy Rating Scheme (NatHERS), Department of Climate Change and Energy Efficiency, www.nathers.gov.au STORM, Melbourne Water, www.storm.melbournewater.com.au Urban Stormwater Best Practice Guidelines, CSIRO, 2006. Note: The above reference documents and websites may be amended from time to time. It is intended that these documents and websites (or amended versions) are relevant reference documents to this policy. 22.05-7

Commencement

The ESD Application Requirements in Table 1 do not apply to applications received by the responsible authority before the gazette date of this clause. 22.05-8

Expiry

This policy will expire on 31 December 2017, or earlier if it is superseded by an equivilant provision of the Victoria Planning Provisions.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 167

Attachment 1

 Whether the proposed environmentally sustainable development performance standards are functional and effective to minimise environmental impact.

Item: 4.2

Attachment 1: Signage Permit

4.2

ď&#x201A;ˇ

PLANNING PERMIT

P991/2015

Planning and Environment Regulations 1988 Form 4.4

PLANNING SCHEME:

BANYULE

RESPONSIBLE AUTHORITY:

BANYULE CITY COUNCIL

ADDRESS OF THE LAND: 1 Flintoff Street GREENSBOROUGH

Attachment 1

THE PERMIT ALLOWS: Erection and display of a major promotion sign (freestanding double-sided billboard sign) THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

Signs not Altered 1.

The location and details of the sign(s) and sign structure(s) shown on the endorsed plan(s) must not be altered except with the written consent of the Responsible Authority.

No Flashing Light 2.

Flashing or intermittent lighting must not be used in the sign(s) permitted by this permit.

Sign within Boundary 3.

The sign(s) permitted by this permit must be located wholly within the boundaries of the subject land.

Sign Maintenance 4.

The sign(s) permitted by this permit must be maintained in good condition to the satisfaction of the Responsible Authority.

No Bunting 5.

Bunting, streamers, flags, windvanes or similar material must not be displayed except with the prior written consent of the Responsible Authority.

Time Limits 6.

In accordance with section 68 of the Planning and Environment Act 1987 and Clause 52.05 of the Banyule Planning Scheme, this permit will expire ten (10) years from the date of this permit. In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

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

PERMIT NOTES (A)

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 168

Item: 4.2

Attachment 1: Signage Permit

permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy. Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (i.e. Local Law Permit). Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:  A “Memorandum of Consent for Works” for any works within the road reserve; and/or  A “Drainage Connection Permit” for any works other than within a road reserve. . Asset Inspection Fee

Attachment 1

(B)

4.2



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

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

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 169

Item: 4.2

Attachment 1: Signage Permit



4.2

IMPORTANT INFORMATION ABOUT THIS NOTICE WHAT HAS BEEN DECIDED? The Responsible Authority has issued a permit. (Note: This is not a permit granted under Division 5 or 6 of Part 4 of the Planning and Environment Act 1987.) CAN THE RESPONSIBLE AUTHORITY AMEND THIS PERMIT? The Responsible Authority may amend this permit under Division 1A of Part 4 of the Planning and Environment Act 1987.

Attachment 1

WHEN DOES A PERMIT BEGIN? A permit operates: from the date specified in the permit, or if no date is specified, from: (i) the date of the decision of the Victorian Civil Administrative Tribunal, if the permit was issued at the direction of the Tribunal, or (ii) the date on which it was issued, in any other case.

WHEN DOES A PERMIT EXPIRE? 1.

A permit for the development of land expires if:  the development or any stage of it does not start within the time specified in the permit; or  the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the plan is not certified within two years of the issue of the permit, unless the permit contains a different provision; or  the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan of subdivision or consolidation under the Subdivision Act 1988. A permit for the use of land expires if: the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the permit, or the use is discontinued for a period of two years. A permit for the development and use of land expires if: the development or any stage of it does not start within the time specified in the permit; or the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit; or the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion of the development; or the use is discontinued for a period of two years. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment Act 1987, or to any combination of use, development or any of those circumstances requires the certification of a plan under the Subdivision Act 1988, unless the permit contains a different provision:the use or development of any stage is to be taken to have started when the plan is certified; and the permit expires if the plan is not certified within two years of the issue of the permit. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.

WHAT ABOUT APPEALS? The person who applied for the permit may apply for a review of any condition in the permit unless it was granted at the direction of the Victorian Civil and Administrative Tribunal, in which case no right of review exists. An application for review must be lodged within 60 days after the permit was issued, unless a notice of decision to grant a permit has been issued previously, in which case the appeal must be lodged within 60 days after the giving of that notice. An application for review is lodged with the Victorian Civil and Administrative Tribunal. An application for review must be made on an Application for Review form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee. An application for review must state the grounds upon which it is based. An application for review must also be served on the Responsible Authority. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 170

Item: 4.2

Attachment 1: Signage Permit



Details about application for review and the fees payable can be obtained from the Victorian Civil and

4.2

Tribunal.

Attachment 1

Administrative

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 171

4.2

Attachment 2: Endorsed Plans

Attachment 2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 173

Attachment 2

4.2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 174

Attachment 2: Endorsed Plans

Attachment 3: Revised Outdoor Advertising Policy - Part 2

PART TWO â&#x20AC;&#x201C; POLICY SHEETS SPECIFIC LOCATIONS AND TYPES OF SIGNS

Part 2 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 175

Attachment 3

4.2

Item: 4.2

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

1. Signs in the Greensborough Principal Activity Centre

Attachment 3

Context The Greensborough Principal Activity Centre is a place for retail, commercial and entertainment activities and is a place with a strong identity. A consistent landscaping theme and a high level of pedestrian activity is promoted. Main Street’s integrity is to be retained with new building’s facades being two storeys in height with greater bulk behind this facade if required. The entrances to the Centre are to be enhanced as Gateways. The views from the Centre to the open space areas and wooded hills to the north and north-east are to be protected and enhanced. The landscaped central median strip and extensive nature strip landscaping distinguishes Main Street/Grimshaw Street from other ribbon shopping centres in the City. Reduced through traffic and limited on-street car parking reinforces the pedestrian focus of Main and Grimshaw Streets. The size and mass of the Greensborough Plaza separates this building from others in the Centre. From the entry points on the Circuit, the Greensborough Plaza can be considered a Freestanding Centre. Eight distinct development precincts have been identified within the Greensborough Principal Activity Centre (Plan 1 within the Municipal Strategic Statement at Clause 21.08 indicates the precinct boundaries). Consideration should be given to the style and location of signage in each precinct to ensure consistency in design and siting. Specific Objectives  To allow signs to contribute to a lively day time and night time character in the Centre.  To ensure that signs respond to the architecture of the building and the landscaping and setting of the Centre and the individual precinct in which the site is located.  To reduce the visual clutter of signs on Main and Grimshaw Streets to ensure the effectiveness of the message and to enhance the streetscape.  To standardise the dimensions of under verandah signs to increase ease of comprehension unless unique design circumstances exist.  To avoid signage structures which increase the overall height of the parapet wall or verandah fascia to an inconsistent standard with the built form in the immediate area.

Part 2 – Section 1 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

The Purpose of Signs

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 176

Attachment 3: Revised Outdoor Advertising Policy - Part 2

Main & Grimshaw Streets In general, signs in Main and Grimshaw Streets should aim to be attractive to pedestrians.

4.2

Item: 4.2



Internally illuminated under-verandah lightbox signs;



non-illuminated verandah fascia signs;



attractive window displays; and

 above verandah signs (to attract pedestrians from further away) where they are located flush to the wall to maintain the continuity of the streetscape and are designed to enhance the streetscape and respond to the character of the building. Where the rear of buildings are visible from car parks or other public access viewpoints, such as on the east side of Main Street and the south side of Grimshaw Street, signs should consist of a simple message and notice of a walkway through to the street, if appropriate. Greensborough Plaza Signs which identify the Greensborough Plaza and have a consistent theme are encouraged. The signs external to the building should identify the Plaza itself rather than a proliferation of individual signs identifying the various tenants. Master or directory signs are encouraged. Seasonal or festive decorations of the building’s exterior are also encouraged. Signs within the Plaza are exempt from this policy as they cannot be seen outside the building. The Gateways Sites at the Gateways to the Centre are important entry points to the Centre. Signs at these sensitive locations should enhance the visual appearance of these entry points and should include landscaping consistent with the District Centre theme planting where possible. The existing signs at the Centre Gateways fulfil important traffic, directional and parking control functions. Pedestrian access points are also identified. It is important that any new signs, not interfere or conflict with important “information” or traffic signage.

Part 2 – Section 1 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

Major Promotion Signs

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 177

Attachment 3

Examples of such signs are:

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

Major Promotion Signs should only be supported in limited circumstances at key entry points to the centre. The amount of major promotion signs visible from any one point should be limited to ensure that the signs do not detract from the built form, surrounding landscape, or capacity of externally facing tenancies to convey appropriate business identification signage (particularly for smaller tenancies) without imposing visual clutter. Signs which are not encouraged

Attachment 3

Sky, panel, animated, illuminated fascia, “V”- board, and bunting signs.

2. Signs in Freestanding Centre’s Context In the City of Banyule, the following places are described as Freestanding Centres: Bell Street Mall (The Mall), Diamond Village, Warringal Village, Heidelberg Safeway, Ivanhoe Plaza. These Centres tend to attract patrons who drive directly there. All provide large areas for vehicular access and car parking. Each has a distinct and self-contained architectural style. Where a Centre contains specialty shops around the perimeter of a major tenant (such as a Supermarket) or is in a mall configuration, the specialty shops can be treated similarly to shops in the ribbon shopping centres. Landscaping of the car parking area, site and building perimeter is encouraged. Clear trunk trees and ground level planting will retain a view of the Centre and enhance the site and surrounds. New signs should be respectful of urban improvement initiatives. Specific Objectives 

To encourage simple, uncluttered and coordinated signs.



To encourage combined Master signs.



To discourage signs above the parapet or roof line.



To discourage signs which directly abut or unnecessarily face residential areas.

 To ensure illuminated signs do not cause light spill or glare into residential areas or distract road users.

Part 2 – Section 2 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 178

4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

Attachment 3

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 179

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

The Purpose of Signs In general, signs should inform motorists and pedestrians of what shops, activities or services exist in the Centre and direct pedestrians to the entry. Examples of such signs are:  single freestanding Master Sign announcing the Centre and listing its tenancies; and

Attachment 3



signs located at the entry to the building.

Speciality shops can be treated similarly to shops within Ribbon Shopping Centres. Signs which are not encouraged Sky, panel, animated, bunting and promotion signs.

Part 2 – Section 2 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 180

Attachment 3: Revised Outdoor Advertising Policy - Part 2

3. Signs in Ribbon Activity Centres

4.2

Item: 4.2

Most of the retail areas in the City of Banyule are alongside roads which carry varying amounts of traffic. There are a large number such centres in the municipality ranging from small groups of shops in residential areas to larger centres including Watsonia, Heidelberg Central, and Rosanna. Many were developed in the 1950s and 1960s as the suburban areas of the City expanded. In the older areas such as Heidelberg, much of the activity centre development occurred between 1915 and 1940. The Centres of Eaglemont, Ivanhoe, East Ivanhoe and Montmorency have been identified as centres of special significance, are mostly affected by Heritage controls, and are referred to separately in Section 4. Ribbon Activity Centres generally consist of single or double storey buildings with verandahs or canopies protruding over the footpaths. Many of the smaller centres were built as one development and share a common architectural style. Typically there is either parallel or angled on-street car parking in front of the shops. In some centres, street beautification works including improved street furniture and upgraded footpath paving has occurred.

Specific Objectives 

To encourage signs which enhance the cohesiveness of the Centre.



To encourage signs which respond to the architecture of the building(s).

 To reduce the visual clutter of signs to ensure the effectiveness of the message and to enhance the streetscape.  To ensure there is equal access to advertising space and that signs do not adversely affect the advertising capability of adjoining or nearby premises. 

To discourage signs above the parapet or roof line.

 To ensure that illuminated signs do not cause light spill or glare into residential areas nor distract road users. The Purpose of Signs Signs in these Centres should aim to be attractive to pedestrians and to identify businesses for passing motorists. Examples of such signs are: 

non-illuminated verandah fascia signs

Part 2 – Section 3 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 181

Attachment 3

Context

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2



internally illuminated under-verandah lightbox signs



attractive window displays

 above verandah signs where they are located flush to the wall to maintain the continuity of the streetscape and are designed to enhance the streetscape and respond to the character of the building.

Attachment 3

In particular, verandah fascia’s contribute significantly to the character of these streets and should be carefully treated. Verandah awnings are functional for protecting premises from direct sunlight or rain however they are not appropriate for signs or to be left down at all times. Where the rear of buildings are visible from car parks, signs should consist of a simple message and notice of a walkway through to the street, if applicable. Signs which are not encouraged Sky, panel, animated, illuminated fascia, “V”- board, verandah awning signs, bunting and promotion signs.

Part 2 – Section 3 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 182

Attachment 3: Revised Outdoor Advertising Policy - Part 2

4. Signs in Activity Centres of Special Significance and Heritage Controls

4.2

Item: 4.2

Context

Eaglemont The Eaglemont Shopping Centre is the most intact commercial development within Banyule. 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. East Ivanhoe The shopping centre is part of the Beauview Estate which was developed as the fourth Jennings’ estate in Melbourne. That Estate is of local historical significance. The shopping centre is substantially intact and is an integral part of the estate. Ivanhoe The Ivanhoe Shopping Centre is of local historical and social significance. It is a traditional strip shopping centre sited on one of the earliest thoroughfares in the area and represents a range of building forms, including some from the 19th century, but is predominantly form the period c1915-1940. The character of the Centre is dominated by austere commercial style which preceded and followed World War One. It is a dominant part of Banyule’s urban fabric and is the most homogenous of Banyule’s two largest strip shopping centres. Montmorency Were Street is lined on both sides with shops, predominantly single storey but some two-storey. The Centre is characteristic of the post-war period and is of local interest as an intact 1950’s and 1960’s local shopping centre.

Specific Objectives  To ensure signs are designed and located to conserve and enhance these Centres. 

To promote signs which enhance the cohesiveness of these Centres.

Part 2 – Section 4 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 183

Attachment 3

Within the City of Banyule there are numerous examples of buildings and areas of architectural and historic significance. Four commercial areas have been identified as of heritage significance, including Eaglemont, East Ivanhoe, Ivanhoe and Montmorency Shopping Centres. Careful consideration should be given to the design of any advertising in these centres.

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

The Purpose of Signs Signs in these Centres should aim to be attractive to pedestrians and to identify businesses for passing motorists.

Attachment 3

Examples of such signs are:  non-illuminated verandah fascia signs; 

under-verandah signs;



attractive window displays.

Applicants should consider using floodlit signs as they may be more in character than internally illuminated signs. Lettering which imitates or responds to styles used in the 1920s and 1930s is also encouraged as it is considered to be more in character with the Centre. Due to the need to maintain the integrity of these buildings, sign opportunities will be more limited. Signs which are not encouraged Sky, panel, animated, “V”-board, internally illuminated, bunting and promotion signs.

Part 2 – Section 4 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 184

Attachment 3: Revised Outdoor Advertising Policy - Part 2

5. Signs in Industrial Areas

4.2

Item: 4.2

Context Banyule’s principal area of industrial activity is located in Heidelberg West with other significant areas in Greensborough and Bundoora. Buildings in these areas range considerably in size and height but most are set back from the street to allow car parking, access to loading bays and landscaping. Multiple occupancies on the one site are common.



To ensure signs enhance the appearance of the building or site.



To minimise visual clutter and disruption.



To encourage a coordinated approach in multiple occupancy sites.

 To ensure signs are located so as not to adversely impact on the advertising capability of adjacent premises. The Purpose of Signs The purpose of signs in these areas should be to direct clients to the site. Such signs need only describe the operator and business. Examples of signs which serve this purpose are:  a sign on the face of the building in a similar location to those on adjoining buildings. 

a freestanding Master sign (for multiple occupancy sites).

Signs which are not encouraged Sky, panel, “V”-board, animated, bunting and promotion signs.

Part 2 – Section 5 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 185

Attachment 3

Specific Objectives

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

6. Signs in Stand Alone Premises Context

Attachment 3

Stand Alone Premises are attracted to main road locations as their clients are generally motorists passing by. The buildings are often set back from the street with car parking or concrete aprons at the front. Such Premises are often located next to or near residential properties. Examples include Convenience Restaurants, Petrol Stations, and Car Wash Centres. Signs on these developments must be able to attract the attention of passing traffic yet should not intrude into nearby residential areas.

Specific Objectives  To encourage clear coordinated signs.  To encourage complementary landscaping using tall “clean trunk” trees and low ground cover.  To discourage signs adjacent to residential properties or signs which cause light spill or nuisance to such properties. The Purpose of Signs Signs for Stand Alone Centres should identify the business and direct customers to the premises. They should also enhance the building or site. Examples of signs which serve this purpose are:  Illuminated or non-illuminated Pole sign: - one sign per premises.  Direction sign: - one to each entry.  Limited wall or building fascia sign.  Illuminated or non-illuminated canopy fascia sign. Signs which are not encouraged Sky, panel, above verandah, “V”-board, animated signs, promotion and bunting signs.

Part 2 – Section 6 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 186

Attachment 3: Revised Outdoor Advertising Policy - Part 2

7. Signs for Freestanding Offices

4.2

Item: 4.2

Context

As the City of Banyule is generally suburban in character, most freestanding offices are adjacent to or nearby residential areas. Signs need to respond to this setting and complement any landscaping associated with the office building to maintain and enhance this residential setting.

Specific Objectives  To provide an appropriate image for the building and its tenants.  To locate signs on wall spaces designed for this purpose and not obscure architectural features such as windows and parapets.  To encourage complementary landscaping.  To locate signs on the ground floor ceiling line and in the case of single storey buildings below the top of the parapet or fascia of the building.  To encourage limited freestanding signs in the building setback.

The Purpose of Signs Signs for Freestanding Offices should identify the street address of the building and identify the main tenant or tenants. Examples of signs likely to serve this purpose are:  Limited non-illuminated wall, canopy, or building fascia sign.  Limited freestanding signs within the building setback.

Signs which are not encouraged Sky, panel, animated, bunting, promotion and pole signs.

Part 2 – Section 7 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 187

Attachment 3

In general, less outdoor advertising is required for freestanding offices than for retail areas. External signs giving corporate or head tenant identification are common with other tenants being identified on internal directory boards. The purpose of such signs is to identify the street address, provide direction for visitors and to establish corporate identity.

4.2

Item: 4.2

Attachment 3: Revised Outdoor Advertising Policy - Part 2

8. Signs in Residential Areas Context

Attachment 3

Certain commercial and community uses such as medical centres, churches, milk bars, community halls, child care centres and nurseries can be located in residential areas if they are granted a planning permit. Occupants of any dwelling can also run a business from home if it complies with the Banyule Planning Scheme requirements with respect to a Home Occupation. As expectations in residential areas include high levels of privacy and amenity, signs associated with non-residential uses should not dominate the residential setting. Some residential areas have been identified as of heritage significance and signs in those areas should be designed and located having regard to that heritage context. Signs associated with uses on main roads may be more prominent than those in local streets, given reduced residential amenity levels at main road locations. Specific Objectives  To ensure signs do not impact on residential amenity.  To ensure signs are of an appropriate design in areas of heritage significance.  To ensure that signs provide direction and information to customers.  To ensure that where a site is not adjacent to a road zone as specified in the Banyule Planning Scheme, signs are limited. The Purpose of Signs A sign in a residential area should identify the business or occupation which occurs at the site. a.

Sites which are located in residential neighbourhoods where the land use is exclusively or predominantly residential and is in a local street is likely to have very high residential amenity. In these neighbourhoods advertising may be erected to identify the business which is conducted on the site.  Business identification or home occupation sign should be limited to one square metre.  Signs slightly larger than one square metre may be acceptable in circumstances where the design of the sign is not intrusive or allows for the retention of existing or incorporation of new landscaping. Part 2 – Section 8 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 188

Attachment 3: Revised Outdoor Advertising Policy - Part 2

 Milk Bars, neighbourhood convenience stores or other small shops which are surrounded by residential uses will be restricted in the extent of signage if they are not adjacent to a road zone, so as to maintain the residential character of the area. Sites which are located adjacent to a road zone where traffic volumes are higher and identification is more difficult, may be justified in seeking additional identification signage. Floodlit or illuminated signs may be appropriate for those locations. Illuminated signs should minimise any reflection, glare or light spillage to adjoining dwellings.

In any residential area located adjacent to a road zone signs should:  be located wholly within the boundary of the site and be in a well landscaped setting. They should face the street rather than adjoining residential properties.  use colours and materials of construction that have regard to the amenity and character of the area.  be sympathetic to the existing streetscape. This is particularly important for those premises affected by a Heritage Overlay where the architectural and historic significance of the building and neighbourhood should be taken into account. NOTE:

Stand Alone Premises

Signs proposed for standa lone premises such as convenience stores and restaurants, petrol stations and car wash centres are discussed in Section 6 of this policy. Section 6 - Signs to Stand Alone Premises is available as a separate sheet.

Signs Which Are Not Encouraged Promotion, pole, floodlit and reflective signs.

Part 2 – Section 8 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 189

Attachment 3

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

9. Long Term Signs on Council Land Context

Attachment 3

Long Term signs promoting local sporting teams, clubs or community services or commercial sponsorship of those teams, clubs or services may be appropriate on Council owned or managed land. Such land includes open space, sporting fields, libraries, community centres and maternal and child health centres. In these instances Council plays the dual role of land owner and planning authority. While Council recognises the role of sponsorship advertising in the development of recreational groups and sporting clubs, at the same time it recognises the wider community’s expectation that its open spaces and other areas of the public environment have limited advertising. Signs identifying businesses or promoting products sold may be appropriate on footpaths. Temporary signs on Council land have different requirements. These are outlined separately in Section 10. Specific Objectives for Signs on Buildings and Reserves  To allow adequate identification of places and activities.  To promote groups, activities or events without commercial sponsorship.

undue intrusion of

 To recognise the role of recreational groups and sporting clubs in the community and the role of sponsorship in their development.  To recognise that the public has the right to expect its open spaces and other areas of the public environment to have a limited amount of advertising signs. The Purpose of Signs on Buildings and Reserves Signs on Council buildings and reserves should: 1) identify the reserve and/or building and identify the regular occupier user group/s; 2) allow appropriate recognition of sponsorship of specific user groups; and 3) maintain high standards of design and appearance.

Part 2 – Section 9 These documents should be read in conjunction with Part 1 which outlines general ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 190

principles for Outdoor Advertising signs in the City of Banyule.

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

Examples of signs likely to serve this purpose are: 

One freestanding sign at the frontage of the site identifying the user group/s.



Business identification or promotion signs attached to a building.

Number and Location of Signs Signs should be located on structures according to the following criteria: Freestanding signs:

Attachment 3



A Freestanding sign should be located at the entrance to the reserve to identify the main occupants of the facility and provide recognition of the main sponsors of the group(s).



The sign must be located to face a road under management of VicRoads (Road Zone Category One) where applicable.



The Size of lettering on any freestanding sign should be generally consistent with The VicRoads Traffic Management Note No 26 – Guidelines for Community Message Signs.



The sign must be appropriately sited to ensure that the sign does not directly face and impact on the amenity of an existing dwelling. Where vegetation or topographical features provide sufficient screening, signs may be permitted to a minimum of 25metres from an existing dwelling.



The size and layout of the sign should reflect the specifications of the ‘Best Reserve’ signage template (below) which sets out the maximum user group identification component and the maximum promotion/sponsorship component.

Part 2 – Section 9 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 192

Attachment 3: Revised Outdoor Advertising Policy - Part 2



Where there is more than one (1) occupier of the reserve and associated buildings, the applicant must provide written proof of an amicable agreement between such occupiers in relation to the apportionment of signage rights. Where this is not obtained, the signs will need to be removed at the end of each seasonal allocation for the group that has obtained the sign.



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The sign should not be permitted in a historically sensitive area.



The sign must not be designed in an arch form to ensure that vehicular access to the reserve is not restricted by the height limitation of the sign. The sign must not be illuminated or floodlit.



A freestanding sign will not be supported on sites where there is no pavilion, scoreboard or coaches box. Such signs should only be permitted where no other signs are located intentionally to face outside of the site. Signs attached to buildings:



No more than six signs on buildings or structures are to be permitted and each sign must not exceed a maximum of 2m2



The sign(s) should be located so that it integrates well with architectural features of the facade and adopts proportions which are consistent with those used within the design of the facade.



Signs shall not be located above the roofline or extending outside the building envelope in any way, including being fixed on a supporting structure at an angle to walls or other parts of the structure.



Signs will only be permitted on buildings directly related to the lease, license or seasonal tenancy of the applicant for the sign including pavilions, scoreboards or coaches boxes



Signs may be located on a building facade which faces a main road. Where the main road is in a Road Zone Category 1 the consent of VicRoads may be required.



Long term advertising signs on structures such as coaches boxes and fences may be supported where the advertising has exposure to an abutting road way.

Attachment 3



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Attachment 3: Revised Outdoor Advertising Policy - Part 2

General Requirements:



Signs on Council owned or managed land will not be permitted to advertise alcohol, tobacco, gaming, a brothel or escort service.



Long term signs other than the match signs (see below), will not be approved on other structures such as fences.

Attachment 3



Tennis clubs, bowling clubs and the like that have securely fenced facilities may erect limited signs on the inside of these fences provided they are not visible to passersby and the appearance of the back of the sign is not intrusive or unsightly. Match Signs Council will permit sporting clubs to display temporary advertising signs on buildings, fences, coaches' boxes, goal posts and other such structures, directly relating to the activity, when teams are playing at their grounds. This does to apply to training sessions or registration days, however does include match days and match nights when competing against other clubs. These are “Match only” signs and they shall comply with the following requirements:  No more than one (1) key sign measuring no more than 12 square metres. Council may provide written approval for a sign slightly larger than 12 square metres where the sign is not considered to be of detriment to the amenity of the nearby area.  Additional individual signs are permitted but must not be more than 4 square metres in area and must be securely and safely affixed to a structure.  Advertising on perimeter fences of an oval or pitch should be suitably secured to the fence to reduce player injuries.  Match Signs may be displayed no more than three hours before the commencement of matches on a particular day and must be removed by the Club or its associates within two hours of the finish of the matches on that day.  Where a match sign is displayed after 4pm on a match day and is intended to be displayed the following day due to additional matches, then the match sign may remain in place overnight when approved in writing by Council’s Leisure and Cultural Services Department.  Upon application in writing, goalpost pads with advertising may be permitted on a temporary basis on training nights. Signs which are not removed in compliance with these requirements may be impounded by an authorised officer. The organisation or individual responsible may incur a penalty and be required to pay the costs associated with impounding the sign.

Part 2 – Section 9 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

Design Requirements

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

All signs attached to a building or structure should be non-illuminated, screen printed or painted, flat signs, securely fixed to the building façade or structure in such a manner that, when the signs are removed, the fixing points of the building can be readily made good so that the appearance of the buildings is not degraded.

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Internally illuminated, floodlit, pole, reflective and above verandah signs are not encouraged. Ongoing Requirements Should Council grant approval for the erection and display of signage on Council land, it is likely that the following restrictions may be applied to any approval issued: 

The signage must not be floodlit or illuminated by external or internal lights.

 The signage must be maintained in good condition to the satisfaction of the Responsible Authority, including the removal of any graffiti as soon as possible.  The signage must be located wholly within the boundaries of the subject land.  The signage must not advertise tobacco, alcohol, gaming, a brothel or escort service or other advertising which may be deemed to be inappropriate or offensive by Council. Where Council issues planning approval for a sign specifically supported by the Outdoor Advertising Policy, it is likely that a fifteen (15) year expiry will apply, as provided for by the Banyule Planning Scheme. Where Council consents to the display of other signage, it is likely that a reduced sign expiry of five (5) or ten (10) years (depending on the nature of the sign) will be imposed.

Part 2 – Section 9 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

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Attachment 3

All freestanding signs must be durable, attractive and designed to ensure structural integrity. The sign must be of solid construction, preferably incorporating the use of high quality and permanent materials.

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

Specific Objectives for Signs on Footpaths  To ensure pedestrian movement is not obstructed. The Purpose of Signs on Footpaths

Attachment 3

“A” board signs are only appropriate where they do not impede pedestrian movement on the footpath. “A” board signs will not be supported if they add to visual clutter within any shopping centre. Further information concerning signs on footpaths are detailed in Councils Local Law No. 1 - Part 2. Permits for Signs on Footpaths An applicant seeking to place a sign on Council land will generally require a planning permit and Council’s written approval as manager/owner of the land. Local Laws Permit Local Laws advertising sign permits expire on a common expiry date and a new permit will need to be obtained each year. Signs Which Are Not Permitted Signs on Council owned or managed land will not be permitted to advertise tobacco, alcohol, gaming, a brothel or escort service or other advertising which may be deemed to be inappropriate or offensive by Council. Signage painted on sporting fields and ovals will also not be permitted. In addition, promotion signs which rename the public place based on commercial sponsorship are inappropriate and present risks to public safety due to potential confusion between registered place names and emergency services. These signs will not be permitted.

Attachment 3: Revised Outdoor Advertising Policy - Part 2

10. Temporary Signs

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Specific Objectives  To promote local educational, cultural, religious, social or recreational events.  To enable the sale or lease of real estate and other goods.  To ensure that signs respond to the building or setting and the surrounding area.  To encourage signs of the minimum possible size which are erected for the shortest possible time necessary to reasonably perform their function.  To ensure that signs do not affect residential amenity. The Purpose of Signs Temporary signs should identify a particular event or activity and have a limited impact on the surrounding area. Examples of signs likely to meet this purpose are:  only one sign on each frontage of the site;  signs for the sale or lease of a property being confined to the subject site;  community notice boards limited to one per property;  community notice boards with a maximum of 15% of the total sign area showing sponsor advertising. Permit Requirements Temporary signs relating to community events or property sales which are displayed on private property generally do not require a planning permit. However this should be verified in relation to any particular sign by contacting the Development Planning Section. However for temporary signs on Council owned land a permit will be required under Council’s Local Law (Local Law No. 1 – General Local Law, Schedule 3). Applicants are advised to contact Council’s Administration and Laws Unit in these instances. Part 2 – Section 9 These documents should be read in conjunction with Part 1 which outlines ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 197

Attachment 3

Context Other sections deal with signs which are long term fixtures. This section relates to temporary signs, i.e. signs which are displayed for a limited period (except for match day signs on Council reserves which are considered in Section 9). Such signs can be on private or Council owned land. Temporary signs are often used to promote local educational, political, religious, social or cultural events or the sale of goods or the sale or lease of a property. They are often displayed at schools, churches, public halls, vacant land and buildings for sale or lease.

Attachment 3: Revised Outdoor Advertising Policy - Part 2 general principles for Outdoor Advertising signs in the City of Banyule.

Attachment 3

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Attachment 3: Revised Outdoor Advertising Policy - Part 2

Requirements for Temporary Signs on Council Land

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For the purposes of the policy: • a charitable organisation is one that can demonstrate to the satisfaction of Council that at least 75% of funds collected from its fundraising activities are used directly for the relief of some aspect of poverty, suffering or social distress. • a local community group is one that can demonstrate to the satisfaction of Council that it is a non-profit group which provides a service to the community in general, or to a particular section of it and which has a principal objective the enhancement of the wellb eing of residents of Banyule. Location details, standard permit conditions and standard dimensions for any sign are provided on the Local Law application form. Such a sign may with a permit also be displayed on Council owned land which is the site of the event referred to on the sign. Signs on Council owned or managed land will not be permitted to advertise alcohol, tobacco, gaming, a brothel or escort service. Electronic or Variable Message Signs will not be permitted within the road reserve unless for traffic management purposes, community safety messages or as otherwise authorised by the relevant road authority.

Part 2 – Section 10 These documents should be read in conjunction with Part 1 which outlines ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 199

Attachment 3

Some Council owned sites may, subject to written approval, be used by a charitable organisation or local community group for the display of a temporary sign promoting a local educational, cultural, religious, social or recreational event not held for commercial purposes.

Attachment 3: Revised Outdoor Advertising Policy - Part 2 general principles for Outdoor Advertising signs in the City of Banyule.

The following 18 sites have been nominated to allow ‘two’ community notice boards per site with approval from the Local Laws Section:

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No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

RESERVE

LOCATION OF SIGN

Sparks Reserve (Melway Ref: 31 D10) Burke Road North Reserve (Melway Ref: 31 K10) Yulong Park (Melway Ref 9 K12) Greensborough War Memorial (Melway Ref 20 H2) Road Reserve, Karingal Drive (Melway Ref: 21 D1) Malcolm Blair Reserve (Melway Ref: 21 E2) Yandell Reserve (Melway Ref: 21 B1) Bolton Street Road Reserve (Melway Ref: 21 G9) Montmorency Park (Melway Ref): 21 B6 Rosanna Parklands (Melway Ref: 20 B9) Malahang Reserve (Melway Ref: 19 F12) A K Lines Reserve (Melway Ref: 20 E2) Greensborough Park (Melway Ref: 10 J12) Ivanhoe Park (Melway Ref: 31 H8) De Winton Park (Melway Ref: 32 B1) Warringal Parklands (Melway Ref: 32 E3) Heidelberg Park

The Boulevard and Heidelberg Road, Ivanhoe The Boulevard near Burke Road North, Ivanhoe East. Note: Part of this site is owned by VicRoads Bent Street and Plenty Road, Bundoora Corner Esther and Henry Street, Greensborough Karingal Drive opposite intersection with St Helena Road, Greensborough Corner Weidlich Road and Karingal Drive, Greensborough St. Helena Road, Greensborough Corner of Bolton Street and Cressy Street, Eltham Para Road, near Rattray Road, Montmorency Corner of Chapman Street and Thomson Drive, Macleod Corner of Southern and Oriel Roads, Heidelberg West Grimshaw Street, Watsonia Diamond Creek Road, Greensborough Lower Heidelberg Road, Ivanhoe East Grove Road, Rosanna Beverley Road, Heidelberg Beverley Road Heidelberg

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18.

Attachment 3: Revised Outdoor Advertising Policy - Part 2 (Melway Ref: 32 C3) Ford Park (Melway Ref:31 E3)

Banksia Street, Bellfield

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Contravention of the Local Law

Part 2 â&#x20AC;&#x201C; Section 10 These documents should be read in conjunction with Part 1 which outlines general principles for Outdoor Advertising signs in the City of Banyule.

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Attachment 3

Any sign erected on Council land or on a Road Reserve in contravention of the Local Law may be impounded by an Authorised Officer. The organisation or individual responsible may incur a penalty and required to pay the costs associated in impounding the sign.

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Attachment 1: Submission Letter to DEDJTR

9 December 2015

Mr Richard Bolt Secretary Department of Economic Development, Jobs, Transport & Resources Victorian Government Level 21, 1 Spring St MELBOURNE 3000

Attachment 1

Dear Mr Bolt, Victorian Cycling Strategy update - Submission I am writing to provide consultation feedback from Banyule City Council on the Victorian Governments proposed update to the Victorian cycling Strategy as announced on 22 October 2015. Council has considered the proposed directions of the strategy as outlined by the Victorian Governments information brochure which are understood to be: 1. Improving cyclist safety 2. Encouraging cycling participation 3. Promoting the health benefits of cycling 4. Highlighting the environmental benefits of cycling 5. Growing the cycling economy, and 6. Strategically planning networks and prioritizing investment We support the proposed directions of the Victorian Cycling Strategy and have detailed our response below. Improving cycling safety is supported by the Banyule Integrated Transport Plan and through the Banyule Bicycle Strategy which identify actions that contribute to improving cyclist access and safety. Encouraging cycling participation and strategically planning networks and prioritising investment are supported by the Banyule Integrated Transport Plan (BITP) and the Banyule Bicycle Strategy. The BITP includes directions to promote a cycling culture and develop cycling infrastructure that caters for all ages and abilities. Specific BITP actions include the removal of gaps in the cycling network, the development of direct cycling routes to key destinations, the provision of end of trip facilities at theses destinations and wayfinding for cyclists. Promoting the health benefits of cycling is also supported by the BITPâ&#x20AC;&#x2122;s directions to promote a cycling culture and develop cycling infrastructure that caters for all ages and abilities. Specific actions support Ride to School programs and behavioural change programs that promote cycling as a fun, practical and healthy transportation choice.

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Attachment 1: Submission Letter to DEDJTR

Growing the cycling economy is supported. Local cycling equipment and service businesses are supported by Councilâ&#x20AC;&#x2122;s Banyule Economic Development Plan and the City Plan.

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Highlighting the environmental benefits of cycling is also supported. Banyule Councilâ&#x20AC;&#x2122;s City Plan includes support for sustainable transport as a key direction for Council. This includes supporting cycling in Banyule. This direction is also supported by the actions of the Banyule Integrated Transport Plan and the Banyule Bicycle Strategy.

Yours Sincerely,

Daniel Kollmorgen Manager Transport, Sustainability and Municipal Laws

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Attachment 1

Thank you for this opportunity to be included in the consultation for the updated Victorian Cycling Strategy.

Attachment 1

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Attachment 1: Advertised plans

Placeholder for Attachment 1 Proposed multi-storey mixed use development up to 16 storeys in height at 37-63 Bell Street and 45 Linden Avenue, Ivanhoe

Advertised plans 0 Pages

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

Attachment 3

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

Attachment 3

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 3: Assessment against Higher Density Design Guidelines

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Attachment 4: Neighbourhood Character Assessment

Attachment 4

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Attachment 4: Neighbourhood Character Assessment

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Attachment 4: Neighbourhood Character Assessment

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Attachment 4: Neighbourhood Character Assessment

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Attachment 4: Neighbourhood Character Assessment

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Attachment 2: Discussion plan - modified ground floor layout

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Attachment 3: Planning policy and assessment

P417/2015: ADDITIONAL BACKGROUND INFORMATION

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PLANNING CONTROLS The following planning controls are relevant to the assessment of application: SPECIAL USE ZONE – SCHEDULE 3 (RESIDENTIAL AND MEDICAL SERVICES PRECINCT)

To implement the Heidelberg Precinct Structure Plan. To encourage the consolidation of medical services within this precinct. To enable a mix of uses within developments that provides dwellings within upper levels of buildings. To protect the amenity of patients and residents within and around this precinct. Planning approval is required for buildings and works within this zone. A permit is also required for the proposed use of the land for dwellings as the dwellings would be less than 10 metres above ground level. Use of the land for food and drink premisis DESIGN AND DEVELOPMENT OVERLAY (SCHEDULE 5) The Design and Development Overlay (Schedule 5) is the implementation of the Structure Plan for the Heidelberg Activity Centre. It sets out design objectives, setbacks standards and maximum heights for various precincts within the Activity Centre. A planning permit is required for the proposed buildings and works. This clause places the site within Precinct 4 (Medical services) which designates a maximum height of 10 metres and setback standard 4 (Buildings should be consistent with clause 55.03-1 of this scheme) The design objectives included within this overlay include: To promote new development that provides a positive contribution to the built form and public realm by:  Respecting the preferred scale and character of the Heidelberg Activity Centre.  Protecting views from the public realm along and across the Burgundy Street valley.  Incorporating a combination of articulation, materials and colors to create visual interest.  Providing façade treatments that are sympathetic with nearby areas of parklands and vegetation.  Providing a sympathetic design response to nearby sites of known heritage value.  Providing building setbacks that create a sense of openness within the streetscape environment and maintain the amenity of peripheral residential and other sensitive uses.  Providing consistent setback of buildings along Burgundy Street (east of the railway line), Hawdon Street and Cape Street to retain valued views onto nearby

ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 223

Attachment 3

The purpose of this zone is to:

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Item: 4.5

Attachment 3: Planning policy and assessment tree-lined ridgelines, the Yarra River’s green corridor and the distant Dandenong Ranges.

 Encouraging development to provide passive surveillance to the streetscape and other public areas.  Maintaining sunlight and daylight access to adjoining private open spaces of dwellings in accordance with clause 55.  Locating living areas, windows and private open spaces to minimise the potential for overlooking in accordance with clause 55.  Ensuring ground-level street frontages have activity and interest for pedestrians.

Attachment 3

 Ensuring car parking is appropriately screened by buildings and landscaping. To promote design that enables environmentally sustainable development. To discourage the underdevelopment of land by not permitting buildings or entrenching uses that are inconsistent with the preferred scale and character, identified by the maximum building heights and setbacks detailed in this Schedule. CLAUSE 52.06 – CAR PARKING The purpose of this clause is to To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity of the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. A permit is required is only required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. However, no spaces are being sought for reduction in this instance. Table 1 of this clause sets out the car parking requirement that applies to a use listed in the Table. A car parking requirement in Table 1 is calculated by multiplying the figure in Column A or Column B (whichever applies) by the measure (for example square metres, number of patrons or number of bedrooms) in Column C. The car parking requirements, provision and shortfall are set out in the table below. Use Spaces required Proposed Shortfall Medical 12 (5 x 2.42)* 12 0 Café 4 (4 x 1.042) 4 0 Dwelling 131 (1 x 131) 131 0 Visitor 26 (0.2 x 131) 26 0 167 167 0 Total * The applicant has applied the rate of 5 spaces per practitioner although clause 52.06 specifies the rate of 5 for the first practitioner and 3 for each subsequent practitioner. This

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Attachment 3: Planning policy and assessment

gives flexibility to provide for more than one medical practice in the area designated as ‘medical’.

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CLAUSE 52.07 – LOADING AND UNLOADING OF VEHICLES The purpose of this clause is: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

 Space is provided on the land for loading and unloading vehicles as specified in the table below.  The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres.  The road that provides access to the loading bay is at least 3.6 metres wide. A permit may be granted to reduce or waive these requirements if either:  The land area is insufficient.  Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority. Floor are Floor area of building Minimum loading bay dimensions 2,600 sq m or less in single Area 27.4 sq m occupation Length 7.6 m Width 3.6 m Height clearance 4.0 m For every additional 1,800 sq m or Additional 18 sq m part The amended proposal does not satisfy the above dimensions as the height clearance would be 2.2 metres, not the required 4 metres. Therefore a permit is required to reduce this requirement. CLAUSE 52.34 –BICYCLE FACILITIES Clause 52.34 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land. Use Spaces required Proposed Shortfall Medical 1 x 8 practitioner 0 0 Dwelling 26 131 0 Visitor 13 0 13 39 131 13* Total * The shortfall for visitor spaces can easily be rectified with the reallocation of 13 spaces from the 131 spaces allocated to dwellings. This can be requested as a condition of approval POLICIES CONSIDERED

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Attachment 3

This clause specifies that: No building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless:

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Attachment 3: Planning policy and assessment

STATE PLANNING POLICY FRAMEWORK The following policy is relevant to the assessment of the proposal and is outlined below and expanded on where considered appropriate: Settlement Clause 11.01- Activity Centre policy seeks to build up activity centres as a focus for highquality development, activity and living for the whole community by developing a network of activity centres. Policies on Metropolitan Melbourne also seek to encourage housing affordability and choice, job creation and liveable communities.

Attachment 3

Built Environment and Heritage Clause 15.01-2 seeks to achieve high quality urban design and architecture. In assessing the design and built form of residential development of four or more storeys development must be considered under the Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004). Clause 15.01-5 seeks to recognise and protect cultural identity, neighbourhood character and sense of place. Clause 15.02-1 seeks to encourage energy and resource efficiency. Housing Clause 16.01 sets out objectives in relation to integrated housing, location of residential development, strategic redevelopment sites, housing diversity and housing affordability. Relevant objectives include:  To promote a housing market that meets community needs.  To locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.  To identify strategic redevelopment sites for large residential development in Metropolitan Melbourne.  To provide for a range of housing types to meet increasingly diverse needs.  To deliver more affordable housing closer to jobs, transport and services. Clauses 16.02-3 and 4 in relation to Residential aged care facilities set out the Objectives under is to facilitate the timely development of residential aged care facilities to meet existing and future needs and to encourage well-designed and appropriately located residential aged care facilities.. Economic Development The objective under Clause 17.01-1 for commercial activity is to encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. LOCAL PLANNING POLICY FRAMEWORK Municipal Strategic Statement

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Attachment 3: Planning policy and assessment

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

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Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council. The relevant objective encompasses Environmental Management.

Clause 21.04-1 seeks to encourage higher density housing close to activity centres and the Principal Public Transport Network and protect residential amenity and provide for the desired future neighbourhood character of residential areas. Built environment The objective in relation to Clause 21.06 is: To ensure that development respects and contributes to the desired future character of residential neighbourhoods and the identity of Activity Centres, in a manner that supports varying degrees of housing change. Strategies include but are not limited to: Promoting high quality design in all new residential development that makes a positive contribution to the desired future neighbourhood character. Encourage the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area. Support residential development in accordance with the Residential Areas Framework which identifies varying degrees of housing change across the City’s residential neighbourhoods and Activity Centres. In relation to sustainable design, strategies include: Support the retention of significant trees and the planting of trees and other vegetation. In relation to housing, strategies include: Encourage a substantial proportion of new housing to be located within or close to Activity Centres and the Principal Public Transport Network particularly where there is high frequency and quality of public transport services in operation. Encourage a range of types and sizes of housing, particularly in areas located close to public transport, services and facilities. Encourage development to provide a wider range of household types particularly smaller sized dwellings, including those with only one bedroom.

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Attachment 3

Housing

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Attachment 3: Planning policy and assessment

Clause 21.06-2 - Residential Areas Framework identifies that the site is located within a Diversity area in the indicative map forming part of Clause 21.06 of the Housing Framework Map. These areas typically have the following characteristics:  Within the business core of an Activity Centre.  Some residential properties along streets that immediately surround the business core of an Activity Centre.

Attachment 3

They will provide for shop-top and apartment living in higher density mixed use and residential developments. These areas include strategic redevelopment sites that provide for higher density housing. Development will make a positive contribution to the identity of the Activity Centre and the desired future character of surrounding residential neighbourhoods. In these areas people live close to train stations, transport interchanges, shops, services and nodes of employment. These areas include higher density and some medium housing opportunities. Local Places Clause 21.08 seeks to provide guidance to the use and development of land within specified Activity Centres. Clause 21.08-2 provides specific guidance with respect to the Heidelberg Specialised and Major activity centre, of which the site forms part. The Clause identifies that: The Activity Centre has several defining characteristics and attributes for a preferred identity. These are as follows: …  The centre can support change that enhances liveability and sustainability for social activity, the environment and local economic growth.  Change in the centre needs to: o

Enable the precinct’s preferred identity and as appropriate, avoid new development and subdivision that inappropriately constrains the floor space growth potential that is provide by the Heidelberg Structure Plan

Provide a public realm that supports prioritised modes of transport and encourages best practice environmental and urban design of buildings and spaces.

 The activity centre is set within an undulating and vegetated urban landscape with mature trees on ridgelines and in streets. As such, many building facades and roof tops are highly visible from public domains and streetscapes in the valley and from the surrounding ridgelines. Burgundy Street forms the valley floor with easterly views to the Yarra River parklands and the Dandenong Ranges in the distant backdrop. The valley is edged by mature-treed ridgelines and streetscapes that are punctured by the Austin/Mercy Hospital complex. …  Bulky goods retailing and a mix of other land uses cluster along the Bell Street arterial road, to the west of Upper Heidelberg Road. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 228

Attachment 3: Planning policy and assessment

Relevant objectives and strategies include:

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Land use and economic development To facilitate and promote the continued vital, viable and economic development of Heidelberg. Strategies

 Strengthen the wide range of health care, family support and other health related professional services by promoting/locating: o

Above ground floors in the Peripheral Retail Sales Precinct.

Built Form Objective To provide new built form that makes a positive contribution to streetscapes and urban form. Strategies  Encourage development that provides an active frontage at the street level.  Promote environmentally sustainable design.  Establish high quality and distinctive built form outcomes.  Encourage buildings to integrate vegetation within the built form, such as terrace gardens, rooftop gardens and vegetated facades.  Work with land owners to develop master plans for key strategic redevelopment sites identified by the Heidelberg Structure Plan, to encourage redevelopment outcomes that respond appropriately to the attributes of each site and surrounding area. Public Realm Objective To create attractive, safe and high amenity street, civic and open spaces that enhance and serve new levels of activity within a vibrant and interesting setting. Strategies Create an attractive, safe and highly amenable railway station and

surrounding streets that enhances and serves new levels of activity within a vibrant and interesting setting. Protect and enhance the wildlife corridor value of the Yarra River and its

adjoining parkland environment. Access and Connections Objective To improve, promote and encourage safe pedestrian access, cycling access and public transport use to and within the activity centre.

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Attachment 3

 Establish development that creates a diverse range of dwelling sizes and types, including opportunities for affordable housing and apartments in mixed-use buildings.

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Attachment 3: Planning policy and assessment

Strategies Minimise the adverse impacts of through-traffic on pedestrians, cyclists and

public transport. Provide for high levels of access by walking, cycling and public transport. Provide vehicle access and connectivity, including convenient access to

commercial premises by service and delivery vehicles. Provide and manage an appropriate provision of car parking. Ensure that car parking provisions do not adversely impact upon the

Attachment 3

pedestrian environment. Encourage regional traffic to travel around the precinct.

Identity Objective To ensure that development provides a positive contribution to the preferred identity of Heidelberg. Strategies  Strengthen the identity of the activity centre through the use of building materials, built form, public interfaces, civic spaces and landscaping.  Ensure new development provides active frontages at the street level.  Capitalise on the environmental, artistic and cultural heritage of Heidelberg.  Realise the potential of key intersections to read as gateways. Precinct 4 Medical Services Vision The Medical Services Precinct will continue to provide a consolidated range of medical and hospital related services, both to the local community and to the broader north-eastern region. The precinct will be strongly linked to the train station to allow for easy access to public transport for users of the precinct. The existing vegetation along Burgundy Street and Stradbroke Avenue will be enhanced. Objective To consolidate the wide range of health care, family support and professional services, adjacent to the major hospitals and to encourage medical facilities and services to locate in the precinct. Strategies  Medical and allied services are encouraged in this precinct.  Use and development in this precinct must not impinge upon the primary retail / commercial role of Precinct 3, or the primary residential role of Precinct 6.  Provide opportunities for higher dependency retirement care within the upper levels of buildings predominantly used for medical services.  Establish a diverse range of dwelling sizes and types within the upper levels of buildings that are predominantly used for medical services. Objective ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 230

Attachment 3: Planning policy and assessment

To improve the image an identity of Heidelberg’s Medical Precinct. Strategies

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 Encourage the design of buildings in the precinct with frontage onto Darebin Street or Powlett Street to be sympathetic with the preferred neighbourhood character; including, front setbacks, vegetation, building materials and building heights.  Development should establish a civic space on Stradbroke Avenue to create a pedestrian prioritised area.

 Protect and enhance the public open space provide by the eastern side of the Powlett Street road reserve between Burgundy and Darebin Streets. Objective To promote the integrated development of hospital and associated facilities in the Medical Services Precinct, such as car parking, to be sensitive to nearby residential areas. Strategies  Encourage master planning for hospital facilities and services in the Medical Services Precinct, including car parking, which is supported by Council.  Ensure that the development of hospital facilities and services is designed and constructed in accordance with a master plan, which is supported by Council. ASSESSMENT The proposed development and use has been considered against the applicable State and Local planning policy and Design and Development Overlay (schedule 5) and is considered to be an acceptable outcome. In particular it would result in urban consolidation in a location that has excellent access to transport, services and employment. Ecologically Sustainable Design It is considered the proposed development would result in an appropriate response to Ecologically Sustainable Design principles, noting that With regards to orientation, many of the units have good access to northern solar access or to the east and west. No dwellings are oriented to the south. The Environmentally Sustainable Design Report (prepared by Ark Resources dated 15 July 2015) submitted in support of the application confirms that sustainable features such as a photovoltaic system, rainwater harvesting and good natural ventilation would be incorporated throughout the development. A condition of any approval granted should ensure that these features and others are clearly shown on the plans prior to endorsement. Livability Guidelines In support of the application, a response to Council’s Livability Guidelines has been submitted by the applicant prepared by Architecture and Access dated 27 July 2015. This outlines how the development performs against these guidelines, concluding that a minimum of 31 apartments (greater than 20%) meet the requirements of the guidelines. Higher Density Residential Development Guidelines ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 231

Attachment 3

 Development should protect, incorporate and enhance the existing vegetation along Burgundy Street and Stradbroke Avenue.

Attachment 3: Planning policy and assessment

An assessment of the proposed amendment has been carried out against the Higher Density Residential Development Guidelines and found to be compliant. This assessment is outlined below.

Attachment 3

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Element 1: Urban context Neighbourhood character Complies The applicant has provided sufficient information and strategic context to understand the neighbourhood context and 1.1 To ensure buildings has provided a written submission outlining the respond creatively to their proposalâ&#x20AC;&#x2122;s compliance with the relevant State existing context and to agreed and Local planning policy. aspirations for the future development of the area. This should take the form of an urban context report. Design Response Complies The proposed design response acknowledges 1.2 To provide a creative the context of the site with the design having a design response that is based high level of regard for the existing surrounding on a clear understanding of built form and land uses. The response is the urban context and contemporary yet would be consistent with the neighbourhood character. eclectic mix of architectural styles within the locality. Element 2: Building envelope Height and massing Complies See main report. 2.1 To ensure that the height of new development responds to existing urban context and neighbourhood character objectives of the area. 2.2 To ensure new Complies For reasons given in the main report, the development is appropriate to proposed amendment is considered to be an the scale of nearby streets, acceptable response with regards to the building other public spaces, and envelope. The proposal would not unreasonably ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 232

buildings.

2.3 To protect sunlight Complies access to public spaces.

Street Setbacks Complies 2.4 To respond to existing or preferred street character.

2.5 To ensure building Complies separation supports private amenity and reinforced neighbourhood character. 2.6 To ensure areas can Complies develop with equitable access to outlook and sunlight

2.7 To ensure visual Complies impacts to dwellings at the rear are appropriate to the context. Views to and from Complies residential units 2.8 To maximise informal or passive surveillance of streets and other public open spaces 2.9 To maximise residential Conditions amenity through the provision of views and protection of privacy within the subject site and on neighbouring properties.

impact upon the scale of nearby buildings in that the DDO anticipates heights similar to the proposed development for sites opposite in Martin Street. The building has also provided appropriate stepping to the north and west. The proposed amendment would result in minimal additional overshadowing of public spaces such as pedestrian paths at street level. This is considered to be an acceptable response. The proposed entry at ground level would provide for an appropriate response to the preferred Street character. The setback of the building does not attempt to provide a transition between adjoining properties, however, it is noted that minimal setbacks are provided for other properties in this section of Martin Street including the multi-deck car park with a setback of less than 4 metres, the attached units at 85 Darebin Street and the recently constructed buildings at 8-10 Martin street with a zero front setback. On this basis the front setback proposed is acceptable. The proposal is considered acceptable

The proposal has responded to the constraints of the site by siting the building against the large multi-deck car park to the south and stepping down to the existing northern interface. This provides for appropriate equitable access to sunlight and outlook. The proposal is considered acceptable

The proposed development would retain opportunities for passive surveillance of the street and road reserve to the rear.

All windows and balconies within 9 metres of the northern elevation have been treated appropriately to prevent any overlooking to the property to the north. However, the elevation plans do not indicate treatment for windows and balconies for apartments on the west elevation that are within 9 metres of 16 Polwett Street. A condition of any approval granted could be included to ensure that these windows and balconies are appropriately screened. As part of the proposed building wraps around the east (rear) of 16 Powlett Street, some

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Attachment 3: Planning policy and assessment

Attachment 3

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overshadowing would be caused to this property in the morning but this would not unreasonably overshadow the extent of private open space for this dwelling. It is not expected that wind will be a significant issue for this development.

Wind protection Complies 2.10 To ensure new tall buildings do not create adverse wind effects Roof forms Complies Roof services have been located so as to avoid 2.11 To treat roof spaces and potential visual amenity impacts in the forms as a considered aspect streetscape. of the overall building design. Element 3: Street pattern and street-edge quality Street pattern and street n/a The lobby gains access to Martin street which edge integration facilitates access to the Activity Centre to the 3.1 To create walkable east. areas within a safe and interesting public setting 3.2 To closely integrate the Complies The ground level space would be appropriately layout and occupation activated through the use of glazing to provide an patterns of new development attractive and activated entry. with the street. 3.3 To ensure car parking Complies A single vehicle access is proposed and would does not dominate the street not be dominating in the street. frontage. Building entries Complies A distinct and clear entry is proposed for the 3.4 To create street frontage of the building. entrances with a strong identity that provide a ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 234

transition from the street to residential interiors. 3.5 To ensure car park Complies The car park entry is not expected to detract from entries do not detract from the the street. street. Front fences Complies The Powlett street frontage proposes to include a 3.6 To avoid creating low (0.6-0.8 paling) front fence and this is inactive frontages as a result considered appropriate. of fencing private open spaces. 3.7 To ensure that front Complies fences respect and contribute to the neighbourhood character. Element 4: Circulation and services Parking layout Complies Councilâ&#x20AC;&#x2122;s traffic engineers have reviewed the 4.1 To provide adequate, proposal and are satisfied the proposal is safe and efficiently designed acceptable with regards to parking layout and parking layouts. movement. 4.2 To provide safe and Complies The proposal would provide for safe and convenient access between convenient movement between basement car car parking and bicycle areas parks or bicycle parking spaces and pedestrian and the pedestrian entry to entry to buildings via the lifts. buildings. Circulation spaces Complies Shared recreational space is proposed within the 4.3 To create shared atrium/communal garden area. internal spaces that contribute positively to the experience of living in higher density development. Site services Complies An ESD report has been included which outlines 4.4 To minimise running energy saving measures. and maintenance costs. 4.5 To minimise water use. Complies An ESD report has been included which outlines water usage. 4.6 To incorporate provision Complies Adequate space has been provided at ground for site services in the building level. A condition of approval will require the design to ensure good provision of an appropriate area for hard waste function and ease of service collection with easy access from the street. and maintenance. Element 5: Building layout and design Dwelling diversity Complies The proposal would include a mix of one and two 5.1 To provide a range of bedroom dwellings. This is considered dwelling sizes and types in appropriate given the context of the site within a higher density residential Major Activity Centre within close proximity to developments. transport and services. Building layout Complies The proposed development would provide good 5.2 To optimise the layout accessibility for people with limited mobility. of buildings in response to Furthermore, as the site is located within a major occupantsâ&#x20AC;&#x2122; needs as well as activity centre, the composition of one and two identified external influences bedroom units is considered appropriate. and characteristics of a site. 5.3 To create functional, Complies The apartments are compact but provide flexible, efficient and flexibility. ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 235

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Attachment 3: Planning policy and assessment

Attachment 3

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comfortable residential apartments. 5.4 To ensure that a good Complies standard of natural lighting and ventilation is provided to internal building spaces.

The inclusion of the open atrium ensures that all apartments receive a good level of natural light. Some bedrooms incorporate â&#x20AC;&#x2DC;saddlebackâ&#x20AC;&#x2122; bedrooms but the narrow space acts as a study area as well. 5.5 To provide adequate Complies Each of the dwellings is provided with over car storage space for household with bonnet storage in the respective car parking items. condition spaces. Design detail Complies The proposed development includes 5.6 To promote buildings of contemporary design elements with a high use of high architectural quality and glazing and patterned precast concrete. An visual interest. appropriate mix of materials would also be used to ensure visual interest and architectural quality. Element 6: Open space and landscape design Private and communal open Complies The proposed amendment includes balconies for space each apartment and the provision of a communal 6.1 To ensure access to garden for use by all residents. A condition of any adequate open space for all approval granted will ensure that this space is residents. appropriately landscaped to enhance the amenity of future residents. 6.2 To ensure common or Complies A condition of any approval granted will ensure shared spaces are functional that this space is appropriately landscaped to and attractive for their enhance the amenity of future residents. intended users. 6.3 To allow solar access to Complies Many of the proposed apartments would have the private and shared open direct northern orientation of private open space. spaces of new high density The main shared communal space would have ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 236

residential units.

6.4 To integrate the design Complies of shared and private open spaces into the overall building design and façade composition. 6.5 To provide for greenery Complies within open spaces.

Public open space n/a 6.6 To create public open space appropriate to its context.

northern orientation, receiving sufficient sunlight access despite some shadowing in the morning and evening. SPOS in the form of balconies are designed to integrate with the front façade.

The proposal includes landscaping in the form of a ‘vertical garden’ on wire mesh on the northern elevation to provide greenery when viewed from within the communal garden and from the rear of 16 Powlett Street. A landscape plan should also be requested as a condition of any approval granted to show appropriate landscaping throughout the open areas. No public open space is proposed as part of the design.

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Attachment 3

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Attachment 1: Scout site plans

Attachment 1

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1st/2nd Greenhills – Yandell Reserve – 37St Helena Road, Greensborough

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Attachment 1: Scout site plans

Attachment 1

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Item: 6.2

10th Ivanhoe – Rossi Park – 48 Ford Street, Ivanhoe

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1st Eaglemont – Chelsworth Park – 18 Irvine Road, Ivanhoe

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Attachment 1

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1st/2nd Greensborough – Willinda Park – 5 Nell, Greensborough

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1st/2nd Watsonia – A K Lines Reserve – 10 Peters Street, Watsonia

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1st Bundoora – Telfer Reserve – 20 Noorong Avenue, Bundoora

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Item: 6.2

1st Rosanna – De Winton Park – 1 Grove Road, Rosanna

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Attachment 1

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1st Ivanhoe Sea Scouts – Donaldsons Creek Reserve – 49 Hawker Street, Ivanhoe

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Attachment 1

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1st Lower Plenty – Petrie Park – 16 Mountain View Road, Montmorency

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Attachment 1

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1st Eltham – Alma Play Park – 10 Para Road, Lower Plenty

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Attachment 1: MAV Draft Submission - LGA Review

LOCAL GOVERNMENT ACT REVIEW – PROPOSED RESPONSE TO DISCUSSION PAPER Preamble

Attachment 1

The issue of the discussion paper on the Review of the Local Government Act 1989 by the Minister for Local Government is the first step in a consultation process with the Victorian community and the local government sector that will span the next two years. The Minister has contracted papers on various topics and has established technical working groups on various subject matter. This first stage in the consultation process is identified as “Identifying Issues”. The next stage is “Developing Reform Options for New Legislation”. This will involve the development of directions papers and consultation on various options. MAV convened a roundtable of Mayors, councillors, Chief Executive Officers and council officers on Thursday 12 November 2015 to help shape a sector submission on the discussion paper. A preliminary submission has been developed based on the feedback and comments made at the roundtable session. The roundtable discussions centred on those issues that were considered by the attendees to be of a higher order of importance, rather than simply trying to address the various questions raised throughout the document. It is considered that many of the questions posed in the discussion paper go to matters of detail which will be teased out in the directions papers and future consultation. This submission represents preliminary sector views. It is intended that it stand alongside submissions made by individual councils and councillors in this first phase of consultation. It is recognised that there will be diverse views across the sector on a number of issues. Notwithstanding this, the sector has previously determined a position on some of these matters. Where there is an established sector position, it has been indicated below in the discussion points (and highlighted in shading). It is noted that while the Review addresses legislation that affects the operations of Councils, it does not include the more than 80 pieces of legislation that impose responsibilities on local government or impact local government, except insofar as that legislation has a direct interaction with the Local Government Act 1989.

The role of councils (Chapter 2) Discussion point: Status of local government Chapter 1 acknowledges that local government:  Is a significant contributor to the Victorian economy and is a critical delivery partner for the state government in improving the lives of Victorians  Employs over 50,000 people

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Attachment 1: MAV Draft Submission - LGA Review

 Spends more than $7 billion on service delivery and $2 billion on infrastructure annually  Manages over $70 billion in public assets

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Proposed position: That consideration be given to ways to elevate the status and prominence of local government commensurate with its importance to the State of Victoria. Discussion point: Minster’s role Chapter 9 states that “the Minister’s role is to both oversee the operation of the system of local government and to act as an advocate for local government within government”. MAV submits that the current Minister and her predecessors have largely focused on the overseeing aspect of the role. It is suggested that it is time that the focus shifted towards:  The Minister’s advocacy role for local government within government  Building sector capacity  Strengthening the financial viability and sustainability of the sector generally Advocacy in government should involve protecting and advancing the interests of local government. This should include advancing the case for local government and, amongst other things, resisting cuts to State Government grants and cost-shifting generally. It is acknowledged that local government may not be aware of any advocacy role played the Minister on behalf of local government, within the State Government . Proposed position: The Minister is requested to actively develop and strengthen the sector through:  Increased advocacy on behalf of the sector within the State Government  Building sector capacity  Strengthening the financial viability and sustainability of councils Discussion point: Role and powers of councils MAV submits that any discussion of the role of councils needs to acknowledge the complex nature of councils. Councils perform the functions of a government, an enforcement agency, a planning authority, a service provider and a construction agency (buildings and infrastructure). From time to

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Attachment 1

MAV submits that the status afforded to local government within the State Government is not reflective of the importance placed on local government in the Victorian Constitution as a distinct and essential tier of government, an economic force and a major service provider. It is noted that in South Australia, local government is the purview of the State Premier. The current review provides the opportunity to elevate the status and prominence of local government commensurate with its importance to the State.

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Attachment 1: MAV Draft Submission - LGA Review

time councils are required to perform the role of a collection agency on behalf of the State Government.

Attachment 1

As a general principle, and in line with the intentions of the current Act when it was enacted, it is considered that the new Act should be predicated on a general power of competence. This would reflect the standing of local government as a distinct and essential tier of government with a commensurate measure of independence and autonomy. A general power of competence would provide a legislative framework that would enable councils “to be accountable to their communities in the performance of functions and the exercise of powers and the use of resources”. In essence, such a power would provide the ability for councils to better reflect the needs and expectations of their local communities. It is accepted that the new Act will need to strike a balance between normative, enabling and prescriptive provisions. Regardless of the type of provision, it is imperative that the provisions be clear and unambiguous in both intent and language. In relation to prescriptive provisions, the driving principles for these should be where: 

There is an overriding public interest, including transparency and accountability

 A need exists to safeguard the rights and entitlements of individuals  There are natural justice and due process considerations  There are government assurance and probity requirements Proposed position: That the new Act:  Recognise and encompass the multi-functional nature of local government i.e. being a distinct and essential tier of government, an enforcement agency, a planning authority, a service provider and a provider of infrastructure  Provide a general power of competence to councils  Be drafted so as to be clear and unambiguous in both legislative intent and legislative requirement  Contain prescriptive provisions based on clear principles and policy objectives. It is proposed that these principles and objectives be framed around: o

The existence of an overriding public interest, including transparency and accountability

The need to safeguard the rights and entitlements of individuals

Requirements for ensuring natural justice and due process

Government assurance and probity requirements

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Attachment 1: MAV Draft Submission - LGA Review

That the practice of using local government as a collection agency on behalf of the State Government cease.

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Item: 6.5

Discussion point: Sector consultation on legislative changes

The sector has been disappointed and frustrated that many of these changes have been done without any, or only scant, consultation with the sector. There is a real opportunity for the Minister to involve the sector in discussions at an early stage once a policy gap has been identified. Better outcomes are likely to be achieved where the sector is involved in the development of solution options rather than being asked to comment on draft legislation. MAV submits that future legislative changes to the new Act should only take place after a full and proper consultation process has been undertaken with the sector to ensure that the implications of the changes are fully understood and appreciated. This approach is in accordance with the spirit and intention of the Victorian State Local Government Agreement. Proposed position: That:  the State Government commit to a formal consultation process for the consideration of any proposed amendments to the Local Government Act  the formalised consultation process provide for sector consultation when a policy gap is first identified Discussion point: Administrative decision-making The discussion paper recognises that councils function as administrative decision-making bodies. Administrative decisions differ from councils’ other decisions in that they involve the exercise of statutory discretion and affect the rights and interests of individuals. The discussion paper raises the issue of whether the Act should provide clearer guidance on the making of administrative decisions that accords with administrative law requirements but also recognises the uniquely democratice and constitutional status of councils. It also raises the prospect of default provisions addressing external review of councils’ administrative decisions. It is considered that there should be additional guidance for councils in undertaking their administrative decision-making function. As a matter of principle, external review processes should be consistent with those that apply to administrative decisions made by State Government agencies. Proposed position: That:  Additional guidance should be provided to councils in undertaking their administrative decision-making functions ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 251

Attachment 1

The discussion paper acknowledges that the current Act has been extensively revised and altered over the past 25 years. The Act has been amended, on average, about three times a year for each of these years. MAV submits that, as a consequence, many changes, some of which have been ad hoc and reactionary, have detrimentally impacted the logic and coherence of the current Act.

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

 Any consideration of external review processes should be based on those that apply to the administrative functions exercised by State Government agencies Discussion point: Penalties

Attachment 1

There are a number of instances throughout the discussion paper where the prospect is raised of applying penalties where provisions of the Act are breached. Notwithstanding this, the discussion paper does not identify that councils breaching provisions of the Act is occurring to an extent that it has become a significant problem. From our standpoint, we believe that councils make every endeavour to comply with the provisions of the Act and that where there are breaches, this is caused by inadvertence rather than any intent to do so. The discussion paper differentiates between the drivers for sanctioning individual wrongdoing from regulatory compliance by the organisation. The need to sanction individual wrongdoing is understood and supported. MAV submits that in relation to penalties for organisational breaches, local government should be treated in the same way as other levels of government . It is considered that (if a problem actually exists), organisational non-compliance can be better managed by:  Clearer and unambiguous legislative provisions  Sector capacity building  The issue of frequent and timely advice and guidelines by LGV, particularly where compliance issues with certain legislative provisions are identified  Providing for the voiding of decisions (where this can be justified because of the denial of natural justice or contrary to the public interest) where the legislative provisions have not been complied with It is considered that there are inconsistencies in the severity of the penalties applicable in the existing Act for various breaches of the Act. A comprehensive review of the penalties should be undertaken to achieve a consistent approach. Proposed position: That:  Council non-compliance with legislative provisions be managed by: o

Clearer and unambiguous legislative provisions

Sector capacity building

The issue of frequent and timely advice and guidelines by LGV, particularly where compliance issues with certain legislative provisions are identified

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Providing for the voiding of decisions (where this can be justified because of the denial of natural justice) or in the absence of compliance with prescriptive legislative provisions

6.5

Item: 6.5

 A comprehensive review of the existing penalty provisions for individuals be reviewed to achieve a consistent approach

MAV submits that the current review provides an opportunity to consider the extent of regulation and oversight of the activities of the local government sector. As outlined in the discussion paper, the Minister has an oversight role together with a range of powers to intervene in council activities. In addition, there are roles and responsibilities allocated to Local Government Victoria, the Local Government Inspectorate, the Victorian Auditor General’s Office, the Ombudsman, VCAT and IBAC. These are all in addition to the availability, where appropriate, of judicial review. There is a sense across the sector of being over regulated. There is an opportunity to consider clear demarcations between the roles and functions of these various bodies in relation to their involvement in local government. Proposed position: That consideration be given to the existing oversight and regulatory framework of local government with a view to reviewing and establishing clear demarcations between the roles and responsibilities of the various regulatory bodies.

How councils are elected (Chapter 3) Discussion point: Representational ratios The discussion paper identifies that voter ratios vary dramatically across Victoria. It also indicates that the Terms of Reference for the review rule out changing the allowable band of 5 to 12 councillors. MAV submits that the current band does not adequately provide for the future growth in council population numbers. It is considered that better representational ratios could be achieved in the future for growth councils if the band was between 5 and 15 councillors. It is also considered that the band numbers should be restricted to odd numbers to reduce the potential for tied votes at meetings. The Local Government Electoral Review recommended that the upper limit of the band be increased to 15 with the provision for councils to have 6, 9, 12 or 15 councillors. The MAV submission, based on council feedback, was strongly opposed to increasing the number of councillors on the grounds that:  There is no evidence of any community concern with the current ratio of voters to councillors  The increased numbers are likely to have detrimental impacts on good governance

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Attachment 1

Discussion point: Regulatory oversight

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

 The increased costs of additional councillors cannot be justified  The proposed arrangements develop significant anomalies between councillor voter ratios across/between councils. It is considered that the ability to increase the number of councillors to 15 without being tied to the combinations of 6, 9, 12 or 15 might be acceptable to the sector. Proposed position:

Attachment 1

That:  in order to accommodate increasing population numbers in growth councils and to provide for appropriate voter to councillor ratios, the upper limit of the band be increased to 15 

Councillor numbers should be set at odd numbers only between 5 and 15

Discussion point: Electoral structures The discussion paper identifies the range of electoral structures available under the Act. The current arrangements show that 27.8% are unsubdivided, 39.3% are multi-member wards, 19% are a combination of single and multi-member wards and 13.9% are single member wards. At the roundtable plenary a common view was that the current complexion of the electoral structures reflects the VEC’s preference for multi-member structures. There is a perception that more councils would have preferred to have single member wards. The Local Government Electoral Review recommended discontinuing with “mixed wards” (single member wards combined with multi-member wards and non-uniform multi-member wards). The MAV submission stated that “although it is considered that the fairness and equity driver for this recommendation is sound, it is also considered that the option of mixed wards should be available where local circumstances warrant. MAV submits that the VEC should place greater weight on the local council and community submissions when conducting a periodic electoral review. Proposed position: That:  the current options for electoral structures be maintained to provide flexibility for a structure to be implemented that better accommodates local circumstances.  The VEC be directed to place greater weight on the structure preferred by the council and the local community in making electoral structure recommendations to the Minister. Discussion point: Voter franchise The discussion paper discusses the current voter franchise and possible options. The Local Government Electoral Review recommended that:

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Attachment 1: MAV Draft Submission - LGA Review

 The voter franchise for Victorian local government elections be broadened to bring it into closer alignment with the “local community” as defined in the Local Government Act 1989.

6.5

Item: 6.5

Aged either 18 and above and either

Citizens and permanent residents living in the municipality

Owners of property in the municipality

Lessees of non-residential property in the municipality

Those who pay rates on a property in the municipality

 A person may be enrolled only once in a municipality, regardless of how many entitlements they may have  A corporation may nominate only one representative, who may be enrolled only once in a municipality. The MAV submission supported:  the broadened franchise in principle  the proposition that a person can only be enrolled once in a municipality  only one corporation nominee  permanent residents being capped at two per property  retention of the cap of two on the number of owners who can be enrolled per property  continuation of the automatic enrolment of two property owners per property  the enrolment in their own right of lessees and non-resident ratepayers subject to a cap of two per property. Proposed position: It is proposed to support in principle the recommendation of the Electoral Review subject to the proposed qualifications advocated in the MAV submission on the Review. Discussion point: Compulsory voting The discussion paper raises the question of whether compulsory voting should apply to all persons on the voters roll including those aged over 70. The Local Government Electoral Review recommended that:

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Attachment 1

 To give effect to the revised state-wide franchise, the following eligibility criteria be implemented a through a revision of the Local Government Act 1989:

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

 the Local Government Act 1989 and electoral regulations be amended to make voting compulsory for all those enrolled to vote  The application of compulsory voting be extended to persons aged 70 and over, bringing local government arrangements in Victoria into line with other jurisdictions The MAV submission to the Electoral Review:

Attachment 1

 Did not support compulsory voting other than for those on the State roll in line with the provisions for State and Federal rolls  Supported compulsory voting for those on the State roll aged 70 and over. Proposed position: That the position taken in the submission to the Electoral Review be reaffirmed. Discussion point: Candidate eligibility The discussion paper raises the question of whether or not all those who are on the council electoral roll should be entitlement to stand for election. The Local Government Electoral Review recommended that “The eligibility criteria to stand for election to local government be broadened to align with the right to vote in local government elections”. The MAV submission to the Electoral Review was that Australian citizenship should be a prerequisite to stand for council elections as it is at the State and Federal levels. Proposed position: That the position taken in the submission to the Electoral Review be reaffirmed. Discussion point: Voter information The discussion paper states that a number of recent surveys have found that voters do not have adequate, objective and comparable information on candidates that allows them to vote in a fully informed manner. MAV submits that, as a general principle, measures directed at informing voters about candidates, whether at full postal or attendance elections, should be supported. The Local Government Electoral Review recommended that “ Candidates’ how-to-vote recommendations not be contained in the postal packs circulated by the VEC”. The MAV submission to the Electoral Review was that the recommendation be opposed on the grounds that:  Voters have a right to know candidate HTV preferences  HTV preferences are vital in a proportional voting system

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Attachment 1: MAV Draft Submission - LGA Review

 It is in conflict with the position taken elsewhere that voters need more information on their candidates

6.5

Item: 6.5

 It places more emphasis on the aspect of discouraging “dummy candidates” at the expense of informing voters Proposed position:

Discussion point: Voting method Councils currently have the option of choosing between conducting their elections using postal voting or attendance voting. The discussion paper points out that at the 2012 elections, 8 out of 78 councils used the attendance voting method. The Local Government Electoral Review recommended that “The State Government adopt a uniform postal voting polling method for local government elections for 2016”. The MAV submission to the Electoral Review did not support the recommendation and put the view that the two systems should remain. There was some contention at the roundtable plenary as to whether to support full postal or retention of the two options. Proposed position: That:  The sector response to the Local Government Electoral Review (i.e. that councils should be able to choose between full postal or attendance voting) be reaffirmed OR  the implementation of uniform postal voting be supported Discussion point: Electoral material The Act currently has provisions dealing with the printing, publishing and distribution of material that is likely to relate to the elections. The number of complaints made at the 2012 elections suggests that the legislative requirements placed on candidates are not clear to either the candidates or members of the community generally. MAV submits that these provisions need to be clarified so that officers, candidates and the community are clear on what they need to do to be legislatively compliant. The advent and growth in the use of social media in relation to elections also needs to be addressed in legislation. Proposed position:

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Attachment 1

That a key objective of the new Act and any regulations should be to implement measures that will assist voters to make informed decisions/judgements when voting on candidates standing for election.

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

That the provisions in relation to electoral material be comprehensively reviewed in the light of new and emerging technology and the requirements and obligations on council officers and candidates be clearly expressed to ensure that their compliance requirements and obligations are clearly understood.

Attachment 1

Discussion point: Electoral disputes The discussion paper raises the way matters are handled where they relate to the validity of an election. Some changes have been made with the passing of the Local Government (Improved Governance) Act. These changes which provide additional powers to the Returning Officer and the VEC are supported. MAV submits that the length of time that it takes for a MET to determine on an electoral dispute can have a detrimental impact on the reputation and standing of the council during the time that the matter is before the Tribunal. It is further submitted that the resources of the MET should be increased to enable an expeditious turnaround of electoral disputes. Proposed position: That:  The additional powers provided to the Returning Officer and the VEC under the Local Government (Improved Governance ) Act be supported  Additional resources be provided to enable the MET to expedite electoral disputes

How Councils operate (Chapter 4) Discussion point: Allowances, role clarity, training Chapter 4 describes the provisions under which a Council operates, including the mayoral electoral processes and mayoral role, councillor allowances and expenses and the employment of the CEO and Council staff. The Discussion Paper asks whether, given that planning, budgeting and governance processes apply to all Councils, the demands on rural councillors are less onerous than those on better resourced metropolitan councillors. The question of the level of commitment required from a councillor is also put, together with the expectation that councillors focus on strategy and policy rather than operational matters. MAV submits that appropriate training should be provided to all councillors to ensure that there is a thorough understanding of all roles (mayoral and councillor, CEO and the administration) and the statutory compliance obligations required of mayors and councillors. Such training should be provided within a short period of the election. MAV further submits that it is important that the allowance for the mayor and councillors properly reflects the level of commitment required to properly discharge those roles. Councils should have greater flexibility in setting the allowances so as to ensure that a balance can be made between the commitment required, support provided to discharge the role and differing community expectations.

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Attachment 1: MAV Draft Submission - LGA Review

6.5

Item: 6.5 Proposed position: That:

 Mayoral and councillor allowances, training and support and reimbursement of expenses be set at a level that properly reflects the level of commitment required to discharge the roles

 The roles of mayor, councillor, Chief Executive Officer and council administration be detailed clearly and comprehensively  All Councillors receive training on roles and statutory obligations within two months of election.

Discussion point: Delegated decision making The discussion paper discusses the practice of councils appointing special committees to undertake a number of non-statutory, operational roles for example, managing sporting pavilion hire, collecting and banking fees. It poses the questions of whether or not councils should apply the special committee framework at all to committees they establish solely for non-statutory activities and whether the Act should separately recognise this category of committee and apply different rules for its activities. It is considered that the current arrangements can be cumbersome and that the review should consider alternative arrangements to enable and encourage local community involvement in the management of local facilities. Proposed position: That consideration be given to more effective models of enabling community involvement in the management of local facilities Discussion point: Consultation The current consultation process, required for significant strategic proposals and specific matters that may affect the rights of individuals, commences with a public notice (which must also be published on the council website and enables submissions to be made for a period of 28 days). The Discussion Paper identified that submissions on strategic documents were consistently low for some councils and asked whether alternative approaches to improving engagement and feedback should be considered, and if so, mandated in legislation. One option identified was the People’s Panel or citizen jury model, which relies on members being provided with extensive access to council data and expert advice. MAV submits that councils are best situated to determine what methods of engagement will maximise community consultation and input. MAV acknowledge that councils recognise that community engagement and consultation is critical to their success and, accordingly, already

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Attachment 1

 Consideration be given to the way in which mayoral and councillor allowances may be set by Councils to enable additional flexibility in the quantum of the allowance to reflect the level of councillor commitment required and local circumstances

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

undertake engagement and consultation activities well in excess of the statutory requirements. The mandating of specific, additional platforms or processes in the absence of understanding the efficacy, costs and the capacity of the council to resource such platforms or processes, is not supported. Proposed position That no additional mandated processes are considered necessary or desirable.

Attachment 1

Discussion point: CEO Complaints The Discussion Paper recognises that the current provisions relating to complaints against the CEO alleging bullying, victimisation or harassment are cumbersome. The current arrangements enable the CEO or the Mayor to request that the State appoint a probity auditor, at a cost determined by the State and paid by the council. MAV submits that as the section addresses only a particular category of CEO complaints, a better approach would be to ensure that the role of council, as employer of the CEO, includes managing complaints relating to the CEO. The Act currently makes it clear that a function of the CEO is “appointing, directing, managing, and dismissing Council staff and for all other issues that relate to Council staff”. A similar approach in respect to the Council’s role in respect to the CEO would reduce the confusion that currently exists. Proposed position: That the role of the council be clearly enunciated in relation to complaints made against the CEO. Discussion point: Mayoral elections / arrangements The discussion paper compares the mayor’s powers and functions with those that exist in other Australian jurisdictions. MAV submits that there are no clear benefits that flow from a directly elected mayor over a mayor that is elected by their colleagues. There are concerns that a directly elected mayor (elected for a four year mayoral term) would change the community’s expectations of the mayoral role and the inherent nature of the role. There are further concerns that this might lead to the role being more of an executive role and may even be a disincentive to prospective candidates who do not want to become career, or long term, politicians. There is a preference for retaining the current arrangements. Proposed position: That the current arrangements which provide for mayors to be elected by their colleagues be continued. Discussion point: Role of CEO The discussion paper sets out the statutory responsibilities of the CEO and the amendments introduced by the Local Government (Improved Governance) Act designed to overcome some of the conflicts which occur over demarcation issues between councillors and CEOs. It is considered that ORDINARY MEETING OF COUNCIL ON 14 DECEMBER 2015 Page 260

Attachment 1: MAV Draft Submission - LGA Review

further clarification between strategic roles of councillors and operational matters would be desirable.

6.5

Item: 6.5

The discussion paper also raises the prospect of the involvement of independent expertise in the appointment and performance evaluation of CEOs. MAV submits that this is a matter for individual councils and should not be a legislative requirement. Proposed position:

 further consideration be given to clarifying the demarcation between the roles of councillors and the CEO  the CEO recruitment and performance evaluation arrangements be left to individual councils to manage Discussion point: Local laws The discussion paper identifies that a council can make a local law on any matter for which it has a power or function under any Act. A local law is inoperative if it is inconsistent with any Act, regulation or planning scheme in force. The discussion paper raises the prospects that local laws be dealt with as state laws or that the State provides “model” local laws that councils can choose to apply to suit their circumstances. The Minister has the power to make guidelines and to revoke a local law. It is considered that as a tier of government councils should continue to have the power to make local laws within the parameters of their powers. Proposed position: That councils continue to have the power to make local laws, such powers to be within the general power of competence proposed in this submission in Chapter 2.

Planning & Reporting (Chapter 5) Discussion Point: Integrated Planning and Reporting This chapter details the high level requirements of the current planning and reporting requirements for Councils. It recognises that:  Party political platforms do not underpin Council elections  Each new Council adopts a four year council plan within 8 months of a general election  Many Councils have longer term plans that identify their vision and aspirations The chapter also suggests that:  The four year term of the Council plan results in a focus on delivering election promises  Affordability of services over the long term should be included in financial sustainability and delivery programs

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Attachment 1

That

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

MAV supports a longer term aspirational framework, which guides the Council Plan and other strategic documents. MAV submits that, planning and reporting obligations should reflect government-to-government requirements and respect the autonomy of Councils to respond to local expectations and circumstances. Any change in relation to the planning and reporting obligations imposed on Councils should be counterbalanced by removal of the reporting duplication that currently exists so that the overall resources required to meet these requirements is not increased.

Attachment 1

The Council Plan which reflects the Council position on what is in the best interests of the community over the longer term is a dynamic documents that needs to be responsive to changing priorities. It is only electoral promises that reflect this position that are incorporated into the Plan. MAV submits that the affordability of services over the longer term is subject to numerous external factors over which Councils have had little influence. These factors include a reduction of State and Commonwealth funding, cost shifting, an increase in legislative functions and regulation and a lack of indexation of fees. The upcoming rates capped environment may result in greater transparency of the systemic increase in the financial burden on councils in delivering essential services. It is imperative that any additional planning and reporting requirements add value. There is widespread concern that the LGPRF does not add value. Proposed position: That:  The Planning and reporting framework be reviewed and streamlined to remove duplication in reporting  The LGPRF be reviewed in the context of reporting requirements from one tier of government to another.

Council rates and charges (Chapter 6) Discussion point: Rates as revenue source The discussion paper raises the question of whether the current method of declaring rates and charges based on “land” is still appropriate. At the same time the discussion paper acknowledges that council rates and charges are, and are likely to remain, councils’ primary source of revenue. In the absence of a viable alternative source of revenue, MAV submits that the current method of declaring rates and charges is still appropriate. Proposed position: It is considered that councils should continue to have the power to raise revenue by declaring rates and charges. Discussion point: Rating powers

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Attachment 1: MAV Draft Submission - LGA Review

The discussion paper asks what powers do councils require in relation to levying rates and charges?

6.5

Item: 6.5

It is submitted that councils should have the discretion to set rates and charges. As a democratically elected tier of government councils should not be subject to a rates cap set by the State Government. The sector position in this regard has been strongly communicated in relation to the State Government’s legislation to cap rates. Proposed position: That:  Councils should continue to have the full suite of rates and charges available under the existing Act  Councils should have the discretion to set rates and charges without being subject to a rates cap Discussion point: Rating power restrictions The discussion paper asks what obligations or restrictions should be imposed on councils in relation to rating powers? MAV considers that the current arrangements have developed and changed over time to meet the contemporary needs of councils. The current arrangements are workable and effective. No further obligations or restrictions should be placed on councils in relation to their rating powers. Proposed position: The current legislative provisions are considered to be satisfactory and no further obligations or restrictions should be imposed. Discussion point: Ratepayer rights The discussion paper asks what rights should rate-payers have in relation to the exercise of council powers in relation to levying rates and charges? The current Act is prescriptive in terms of the steps to be followed for special rates and charges. MAV considers that these provisions provide appropriate safeguards to accommodate and protect the rights of individuals affected by a special rate or charge. The current arrangement for people to make submissions on the budget is an appropriate avenue for submissions on the proposed rate in the dollar because of the nexus between the budget and the income needed to fund the budget expenditure. MAV does not consider it desirable to provide for a

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Attachment 1

The current suite of rates and charges provide councils with the flexibility to raise revenue by application of a general rate, by differential rates, by a municipal charge, by a service rate or annual service charge and by special rates and charges. Under this regime, councils have the ability to consider which option best suits a particular circumstance. MAV submits that councils should continue to have the full suite of rates and charges options with the exception of the municipal charge.

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

duplication of the submission process by having one for the budget and another for the quantum of rates. Proposed position: That:

Attachment 1

 The provisions for submissions and appeal processes in relation to special rates and charges in the current Act are adequate to safeguard the rights of individuals affected by a special rate or charge  The budget submissions process is adequate to provide for the community to make submissions on the budget process and the setting of the rate in the dollar

Discussion point: Penalties The discussion paper poses the question as to what sanctions should be imposed on councils failing to comply with the requirements relating to levying rates and charges. The issue of organisational penalties has been dealt with in the context of the chapter on the role of councils. MAV submits that there should be no penalties applied against councils who fail to comply with the requirements of the legislation. Proposed position: That no penalties should apply for breaches of legislative provisions committed by councils. The broader issue of penalties should be dealt with as suggested in the comment in the section on the role of councils.

Service delivery and financial decision making (Chapter 7) Discussion Point: Flexible and efficient service delivery This chapter deals with financial decision making including procurement, entrepreneurial activities and collaborative arrangements. MAV submits that, as a tier of government, a non-prescriptive, enabling service delivery framework should apply to local government to ensure that councils have flexibility and can introduce innovative solutions in service delivery. Inter-Council collaboration should be encouraged and supported by the removal of existing barriers and an efficient legislative base for joined up Council procurement, service delivery and resource sharing. Proposed position: The Act should provide an enabling approach to procurement and service delivery which supports flexible, innovative and collaborative solutions.

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Discusion point: Best value principles

6.5

Item: 6.5

Discussion point: Budget process MAV submits that the current budget process should be reviewed along the lines of the process applied at State and Federal level. Consideration could also be given to budgets being prepared for a longer period than the current annual budget timeframe. There are concerns about the length of time that the current statutory consultation process (which includes28 days exhibition time plus hearing and consideration of submissions) adds to an already extensive process. It is also considered that the exhibition of the budget should enable more effective utilisation of current technology. Proposed position: That a comprehensive review of all elements of the annual budget process be undertaken in the context of the process adopted at other levels of government.

Councillor Conduct, offences and enforcement (Chapter 8) Discussion Point: Clarity of roles and obligations: timely intervention As discussed earlier in the submission, there is general support for greater clarity in the roles of councillors and CEOs. MAV considers that in the context of councillor conduct, increased clarity would minimise the grey area of uncertainty, which creates tensions between councillors, councillor/s and the CEO and, sometimes, between the Council and the CEO. The difficulties inherent in expecting CEOs to resolve councillor conduct issues that relate to occupational health and safety should be recognised and addressed. As a general principle, it is considered that the council should be responsible for managing the behaviour of individual councillors with appropriate tools to enable this to be done in a timely and effective way. The issue has also been raised earlier in the submission about the plethora of oversight bodies. There seems to be confusion as to who people should go to with their councillor complaints. There is need for greater clarity in this regard. Mechanisms that are intended to ensure councillors comply with the requirements of the Act should be properly resourced by the State to ensure timely investigation and resolution of complaints. The resourcing of the Local Government Compliance and Investigations Inspectorate should be reviewed to ensure that it can both address complaints within a reasonable timeframe and provide meaningful compliance guidance to the sector on issues that are the subject of complaints.

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Attachment 1

The discussion paper refers to the best value principles as high level principles. It contends that the principles are applied in a widely varied manner, and there are few service level reviews published that show the actual cost and quality of a service comparing similar groups of councils. The discussion paper does not recognise the extent to which the quality and cost of a service will be reflective of the priorities of a particular council and the resources it can and chooses to apply. It is considered that the essence of the principles of best value should be captured in the role of councils, with councils acknowledged to exercise their powers and discretions in the best interests of their communities.

6.5

Item: 6.5

Attachment 1: MAV Draft Submission - LGA Review

As discussed earlier in the submission, additional training should be provided to councillors. Proposed position: That

Attachment 1

 There is a pressing need for role clarity in respect to councillor and CEO roles and the obligations attached to those roles  Arrangements for the resolution of councillor conduct issues involving health and safety matters be established as the responsibility of the council and properly resourced to ensure timely and effective outcomes  The role and involvement of oversight bodies be reviewed and clarified  The Local Government Compliance and Investigations Inspectorate be properly resourced to perform its role and functions expediently  A comprehensive training program be developed to fully equip councillors to perform their role and functions Discussion point: Conflict of interest The discussion paper sets out the current provisions that apply to conflicts of interest. MAV submits that the current provisions are complex and can be confusing. They also lead to misconceptions by the community as to what is, and is not, a conflict of interest. This can detrimentally impact reputations of councillors and the community standing of the council. It is considered that the conflict of interest provisions should be expressed with sufficient clarity to enable a clear understanding of the requirements by any person. Proposed position: That the conflict of interest provisions be reviewed and revised to achieve a clear understanding of the requirements by any person.

Ministerial powers (Chapter 9) Discussion point: Ministerial intervention As discussed under the role of council, it is considered that the “Minister’s role is to both oversee the operations of the system of local government and to act as an advocate for local government within government”. The submission sets out opportunities for the Minister to more actively be involved in advocating and capacity building for the sector. A new Act that clearly establishes the role, functions, powers and accountabilities of councils and councillors should reduce the need for the Minister to intervene in council affairs.

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As a level of government and a democratically elected body, councils are and should ultimately be answerable to their constituents. It is accepted that the Minister should have the power to intervene where there is a serious risk to the health and safety of councillors or council staff, where the council is prevented from performing its functions, where a councillor is behaving in a manner that does not accord with the role of a councillor or where there is a failure to provide good government. MAV considers that, as a general principle, the capacity for the Minister to intervene should be fettered by appropriate checks and balances. The key issue for local government is that appropriate and measured processes should be undertaken in order to resolve any issues prior to any decision to take formal intervention. Ministerial intervention should be a last resort. Proposed position: An objective in the framing of the new Act should be to limit the circumstances in which the Minister can intervene in the internal affairs of a council. As a general principle, the power for the Minister to intervene should be subject to stringent checks and balances as befits a democratically elected tier of government. Discussion point: Power to issue guidance The discussion paper sets out the powers of the Minister to make guidelines in relation to a number of things. The Minister has used these powers in very few instances. The discussion paper also discusses the powers of the Minister to issue guidelines without specific power in the Act and also the issue of circulars and other guidance by the Department. It is considered that the status and expectations around guidelines needs to be clarified, particularly with the emphasis in the discussion paper on compliance. The provision of circulars and general guidance by LGV is supported, in principle, to provide consistency of interpretation and treatment across councils. It is considered that guidance to councils should be coming from LGV and not from the various other regulatory authorities so as to ensure all guidance is appropriate for the sector. Proposed position: That:  The status and expectations in relation to Ministerial guidelines be the subject of detailed discussion in the next phase of the review  The other state regulatory authorities should channel their views and recommendations in relation to local government functions through Local Government Victoria

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6.5

Attachment 1: MAV Draft Submission - LGA Review

Attachment 1

Item: 6.5