Banyule City Council 13 April 2015 Ordinary Mintues

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 27 April 2015 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

13 April 2015 commencing at 7.45pm

MINUTES

THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3

PRESENT .............................................................................................................................. 3

APOLOGIES .......................................................................................................................... 3

LEAVE OF ABSENCE ........................................................................................................... 3

CONFIRMATION OF MINUTES ............................................................................................. 3

DISCLOSURE OF INTERESTS ............................................................................................. 3

PRESENTATION ................................................................................................................... 3

1. PETITIONS ...................................................................................................................... 4

Nil

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4

2.1 Government Funding for 15 hours of Kindergarten ................................................. 4

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 4

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 5

4.1 Proposed 26 Storey Mixed Use Development at 443 Upper Heidelberg Road, Ivanhoe (P1453/14) ................................................................................................ 5

4.2 Bellfield Redevelopment Site and Banksia Community Stadium Precinct Project update (Former Banksia Secondary College) .............................................. 8

4.3 Proposed multi dwelling development at 229 and 229A Banksia Street, Ivanhoe (former Bellfield Primary School) ............................................................... 8

4.4 Food and Beverage Growth Plan - Melbourne's North .......................................... 20

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 21

5.1 Municipal Association of Victoria (MAV) - State Council Motions 2015 .................. 21 5.2 Advocacy Report 1 July 2014 - 31 December 2014 .............................................. 24

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 25

6.1 Preparation of City Plan 2013-2017 (Year 3)......................................................... 25 6.2 Preparation of Budget for Period 1 July 2015 to 30 June 2016 ............................. 26 6.3 Rating Strategy 2014/2015 ................................................................................... 27

MINUTES ORDINARY MEETING OF COUNCIL 13 APRIL 2015

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 27 April 2015

6.4 Proposed Governance Local Law - Consideration and Hearing of Submissions ......................................................................................................... 28

6.5 Assembly of Councillors ........................................................................................ 29

7. SEALING OF DOCUMENTS ......................................................................................... 33

Nil

8. NOTICES OF MOTION .................................................................................................. 34

8.1 Anzac Day Events - Time Capsules ...................................................................... 34

9. GENERAL BUSINESS .................................................................................................. 34

9.1 ANZAC Day Services 2015 ................................................................................... 34

10. URGENT BUSINESS ..................................................................................................... 34

10.1 Future of Heidelberg Water Tank Site at Upper Heidelberg Road ......................... 34

CLOSURE OF MEETING ..................................................................................................... 35


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 27 April 2015 3

EXTENSION OF PUBLIC FORUM

(CO2015/83) Resolution That the Public Forum be extended until 7.55pm. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The Meeting opened at 8.00 pm.

The Mayor’s Acknowledgement of the Wurundjeri People

The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present

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

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 23 March 2015

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED

Disclosure of Interests

Nil

Presentation

Nil



1. PETITIONS

Nil

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 GOVERNMENT FUNDING FOR 15 HOURS OF KINDERGARTEN

EXECUTIVE SUMMARY

This report is to provide an update on the current funding commitment from the Commonwealth Government towards the continued delivery of fifteen (15) hours of kindergarten. The Australian Government’s current commitment through the latest National Partnership Agreement expires in December 2015. These continual short-term funding arrangements make it difficult for Councils and kindergartens to plan for the future, are disruptive for parents, and potentially developmentally detrimental for children. Without continued funding, Victorian parents face a potential of 100 per cent fee increase, which will make kindergarten costs unaffordable for many families. The Municipal Association of Victoria (MAV) is encouraging support from councils to liaise with State and Federal Members of Parliament on this matter and advocate for the continued funding support for the continued delivery of fifteen (15) hours of kindergarten.

Resolution (CO2015/84)

That Council write to Federal and State Members of Parliament advocating for continued funding support from the Commonwealth Government for the continued delivery of fifteen (15) hours of kindergarten and write to all kindergartens to advise them of this advocacy.

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 PROPOSED 26 STOREY MIXED USE DEVELOPMENT AT 443 UPPER HEIDELBERG ROAD, IVANHOE (P1453/14)

Mr Dennis O’Connell, Dr Coral Tudball, Ms Sasha Chambers, Mr Brian Goss and Kevin Biaggini spoke on the item. EXECUTIVE SUMMARY

The proposal seeks to construct a 26 storey mixed use development which will be a total of 79.75 metres in height on the land at 443 Upper Heidelberg Road, Ivanhoe. The building will include retail space, 3 levels of office, 258 dwellings and 51 serviced apartments. While 332 car parking spaces are proposed to be provided, this is 149 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 require that the building should:

Be constructed to a maximum height of 28 metres.

Be split above 16 metres in height to form two towers. It is also considered that 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 vantages to the development on this site. The shortfall of on-site car parking and resultant demand for car parking in the surrounding area is also a significant concern. It is recommended that Council refuse the application based on these fundamental concerns, however, as VicRoads have also objected to the proposal, Council must refuse the application based on this objection raised by a Statutory Authority.


PART A 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. P1453/2014 for Buildings and works for a 26 storey building comprising apartments, a ground floor retail area and offices, use of land for Dwelling and Serviced Apartments, reduction of on-site car parking, creation of new access to a Road Zone Category 1 (Bell Street) and altered access to a Road Zone Category 1 ( Upper Heidelberg Road) on the following grounds: Building Design and Scale

1. The mass, bulk, scale and elevational treatment of the proposal, including the street

level interface with Upper Heidelberg Road and Bell Street and elements of the architecture, materials and finishes, are harsh in appearance and lack sufficient visual



interest at all levels 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 and 3 of the Guidelines for Higher Density Development.

2. 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.

3. The proposed building height and setbacks 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, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme and Elements 1 and 2 of the Guidelines for Higher Density Development.

Landscaping 4. Inadequate consideration has been provided for the retention of a substantial Spotted

Gum in the north-eastern corner of the site, provision of landscaping around the site periphery and the protection of vegetation on adjoining land to ensure that the podium of the building is adequately softened when viewed from the surrounding road network and neighbouring land contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 21.06 – Built Environment, the Design Objectives of Design and Development Overlay – Schedule 5 of the Banyule Planning Scheme and Element 6 of the Guidelines for Higher Density Development.

5. No assessment has been undertaken of the impact of the proposed works on trees and vegetation located within the Bell Banksia cutting located on the South-Western site boundary, contrary to Clauses 15.01-1 – Urban Design, 21.06 – Built Environment and Clause 21.08 – Local Places of the Banyule Planning Scheme.

Car and bicycle parking/access

6. 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.

7. Inadequate visitor bicycle parking is provided to service the proposal and the proposed basement layout does not provide an appropriate level of accessibility to the resident and staff bicycle parking spaces that are provided, contrary to Clause 52.34 – Bicycle Facilities of the Banyule Planning Scheme.

8. The design of the vehicular access to/from the site from Bell Street is contrary to

Design Standard 1 – Accessways of Clause 52.06-8 of the Banyule Planning Scheme.

9. The dimensions of the car parking spaces within the basement are inconsistent with Design Standard 2 – Car Parking Spaces of the Banyule Planning Scheme and

Australian Standards AS2890.1-2004 (off street) and AS2890.6-2009 (disabled) car parking.



PROPOSED 26 STOREY MIXED USE DEVELOPMENT AT 443 UPPER HEIDELBERG ROAD, IVANHOE (P1453/14) CONT’D

Future resident 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 of private open space, or appropriate levels of daylight to habitable rooms, contrary to Elements 5 and 6 of the Guidelines for Higher Density Development..

VicRoads

11. The proposed access on Upper Heidelberg is incompatible with the operation of Bell

Street, Upper Heidelberg Road and public safety. PART B 1. A senior experienced Town Planning consultant/Solicitor be engaged to represent

Banyule Council’s position. 2. Council write to the local community advising of its decision and explaining the process

going forward. Letter to be signed by the Mayor and Ward Councillors. 3. Council notes there are 212 objections received to date instead of 92 as indicated in

the report.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED Cr Jenny Mulholland called for a division:

FOR: Cr Steven Briffa, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland, Cr Wayne Phillips and Cr Craig Langdon

AGAINST: Nil The Chairperson declared the motion CARRIED

The Mayor Cr Craig Langdon adjourned the meeting for a 5 minute break. The meeting was adjourned at 9.17 pm The meeting resumed at 9.25 pm Cr Wayne Phillips, Cr Jenny Mulholland and Cr Tom Melican were not present in the Chamber when the meeting resumed.



4.2 BELLFIELD REDEVELOPMENT SITE AND BANKSIA COMMUNITY STADIUM

PRECINCT PROJECT UPDATE (FORMER BANKSIA SECONDARY COLLEGE)

EXECUTIVE SUMMARY

Banyule City Council purchased three former school sites in November 2013 to, amongst other things, secure an important community asset, the Banksia Community Stadium. The asset was until then, owned by the Victorian State Government forming part of the Banksia Secondary College. Given the closure of three schools within the municipality, in September 2014 Banyule Council resolved to retain the Bellfield site keeping it available for the State to purchase and re-establish as an educational facility following the 2014 State election. The current government has not expressed a desire to re-acquire the site. Following a series of investigations, it is now established that, consistent with Sport and Recreation Victoria guidelines, the existing stadium structure is not suitable for refurbishment. The building structure is in a state of disrepair and subject to ongoing vandalism. As such, in readiness for a new purpose built facility, demolition of the existing structure is warranted. In light of no current State or Commonwealth funding opportunities being available to support the redevelopment of the site and stadium, an opportunity exists for Council to position itself for future funding by preparing a precinct wide master plan to comprehensively assess land uses within and adjacent to the Banksia Street site.


That Council defer the item to a future meeting.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED Cr Wayne Phillips, Cr Jenny Mulholland and Cr Tom Melican returned to the Chambers at 9.26pm 4.3 PROPOSED MULTI DWELLING DEVELOPMENT AT 229 AND 229A BANKSIA

STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL)

Mr Mark Woodland and Ms Sonja Terpstra spoke on the item. EXECUTIVE SUMMARY

The proposal seeks approval for the construction of 81 dwellings and a public open space area on the former Bellfield Primary School site. The proposed dwellings are contemporary in nature, with the majority being attached to one another and with a mix of flat roof and pitched roof forms. An assessment of the proposal against the provisions of ResCode and the Development Guidelines for the site and a review of objections received reveal that the key issues for consideration are:

The impact of the proposal upon surrounding roadways with respect to traffic and parking;



PROPOSED MULTI DWELLING DEVELOPMENT AT 229 AND 229A BANKSIA STREET, IVANHOE (FORMER BELLFIELD PRIMARY SCHOOL) CONT’D

The tree removal proposed in association with the development;

The proposed scale, style and layout of the proposed dwellings;

The impact of the development on the existing drainage system. The proposal achieves a high level of compliance with both the Development Guidelines and ResCode. Approval is recommended, subject to conditions which will improve the amount of proposed landscaping on site, the on-street parking provision, improved integration with existing built form and future resident amenity.


PART A 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. P1461/2014 for Multi dwelling development and construction of fencing at 229 and 229A Banksia Street, IVANHOE subject to the following conditions: PRIOR TO THE COMMENCEMENT OF DEVELOPMENT

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

(a) The plans required by Conditions 2, 4 and 5 have been submitted and approved;

(b) The plans for Stage 1 required by Condition 3 have been submitted and approved;

(c) The tree protection measures required by Condition 8 have been installed;

(d) The Construction Management Plan required by Condition 11 has been submitted and approved;

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

to the satisfaction of the Responsible Authority. Amended plans

2. 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) Any proposed staging of the development.

(b) Details of measures to allow for appropriate tree protection on the site, including:

(i) Fencing adjacent to Tree 27, must incorporate piers located outside the calculated SRZ area of the tree. If impracticable, a hydro-excavation or air-knife root investigation along the boundary of Dwellings 38 and 39 must be undertaken to determine the location of tree roots and dictate the location of piers within the SRZ;




(ii) Any proposed building or infrastructure designed so that it will encroach on the calculated TPZ of Tree 13 by no more than 10% of the TPZ area and to not occur within the calculated structural root zone;

(iii) The footpath adjacent to Tree 21 is to be constructed above grade within the TPZ area. The unspecified area to the south of the tree (walkway within Dwelling 32) is to be nominated as open space. All fencing within the TPZ is to be of pier and beam type construction with piers located outside the nominated SRZ;

(iv) The footpath adjacent to Tree 52 is to be constructed above grade using permeable paving. All allocated storage areas within the rear setbacks of Dwellings 77-81 should be relocated outside the SRZ and TPZ of Trees 52 and 53, and any piers in relation to fencing (pier and beam construction) must be located outside the calculated SRZ;

(v) The footpath adjacent to Tree 53 is to be constructed above grade within the TPZ area and the slabs to the south of Dwellings 77, 78 and 79 are to be constructed using permeable materials. All allocated storage areas within the rear setbacks of Dwellings 77-81 should be relocated outside the SRZ and TPZ of Trees 52 and 53, and any piers in relation to fencing (pier and beam construction) must be located outside the calculated SRZ;

(vi) The grassed area adjacent to Tree 38 (north east side) must be extended further to the west alleviating the need for works within the SRZ;

(vii) The above grade permeable paved walkways to the east of Trees 42, 43 and 46 along the boundary line within Dwellings 1 and 31 must be left grassed and no works in these zone is permitted;

(viii) The Tree Preservation Fencing in accordance with Condition 3 of this permit;

(ix) Details of the proposed servicing locations, which are to be designed and installed in a manner to ensure protection of those trees nominated for retention.

(x) Landscape and tree zones beneath high retention value trees to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

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

(c) The visitor parking space located adjacent to Lot 53 be relocated a more appropriate location within the estate and replaced with a landscape strip, including tree planting.

(d) An improvement in the streetscape presentation of the proposed dwellings, as follows:

(i) Incorporation of an upper storey recession of at least 2.0 metres on four (4) of the proposed dwellings facing Jellicoe Street This may include the introduction of hipped or gable roof forms;

(ii) Dwellings 1-11 setback a minimum of 4.5m from Jellicoe Street; and

(iii) Dwellings 61, 62 and 63 setback a minimum of 4.5m from Wadham Road; and

(iv) Re-design of driveways associated with Dwellings 2, 3, 6, 7, 8 & 9 so that access to each garage is from a single double crossover.




(v) Reduction in the height of the proposed fencing along Banksia Street to 1.5m, with 50% transparency. The gated entries to each dwelling should be inset and use materials that make the entry point clear.

(vi) Details of the siting and height of the proposed fence on the corner of Banksia Street and Wadham Road, with consideration for additional tree planting and a landscape treatment visible form the street.

(e) Details of measures to improve the amenity of future residents of the site, including:

(i) Modification to Dwellings 72-76 and 77-81 and/or window layouts to restrict overlooking between these pairs of dwellings.

(ii) The Elevation Plan of Dwellings 44 -57 to show maximum heights at 9.0m;

(iii) The Northern elevation of Dwellings 12-31 and Dwellings 77-81 to show a maximum height of 5.5m;

(f) Details of the proposed electrical substations, including associated screen fencing and landscaping.

(g) The Elevation Plan of Dwellings 44 - 57 to show maximum heights at 9.0m;

(h) The Northern elevation of dwellings on Dwellings 12-31 and Dwellings 77-81 to show a maximum height of 5.5m;

(i) 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 ESD Management Plan and STORM report and include drainage details as a result of landscaping.

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.

(j) 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.

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

Landscape Plan

3. Unless otherwise agreed in writing by the Responsible Authority, no Stage of the development permitted by this permit may be commenced until a satisfactory detailed



landscaping plan is submitted to and approved by the Responsible Authority for that Stage. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) Details of planting throughout the site (including the proposed rain gardens) and on abutting Council Reserves;

(b) The provision of at least two (2) large canopy tree (mature height of at least 13m) planted at a semi-advanced state (minimum pot size 16 litre) within the site;

(c) The provision of a small-medium canopy tree (mature height of at least 5-10m) planted at a semi-advanced state (minimum pot size 16 litre) within the frontage setback of each dwelling to an existing street or proposed roadway (with the exception of Banksia Street);

(d) The provision of a small canopy tree (mature height of at least 5-8m) to the private open space area of each dwelling;

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

(f) Provision of formed garden beds with edging around the landscape zones within the front setback areas and adjacent to common property driveways to prevent cars parking within those areas;

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

(h) An indigenous and/or drought tolerant planting theme;

(i) 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;

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

(viii) On-going maintenance requirements for the proposed rain gardens and planting with replacement planting where necessary.

Streetscape and Public Open Space Plan

4. Unless otherwise agreed in writing by the Responsible Authority, the development permitted by this permit may not be commenced until a satisfactory detailed landscape plan for all streets, common property and open space reserves within the development is submitted to and approved by the Responsible Authority. Such plan must be prepared by suitably qualified or experienced person/s and shall include as appropriate:

(a) The siting for all street tree planting having regard to issues such as service conduits, crossovers and street lighting location, and including;

(i) Jellicoe Street - Replacement of Trees 47, 48, 49 & 50 and provision for two additional Street trees;

(ii) Wadham Road - Replacement of Trees 6, 9, 12 & 14 and provision for two additional Street trees;

(iii) Banksia Street – Provision of Street Trees (up to three) within the Bellfield Street Shopping Centre;




(b) A planting schedule including species selection, planting requirements and maintenance requirements;

(c) Typical cross sections for all streets;

(d) Measures for the protection of planted street trees (such as tree guards);

(e) Details of landscaping and development of the public open space reserve which is to include:

(iv) Lighting, seating, bollards and public art, including suitable bollards or fencing along the roadside boundary;

(v) Water supply and taps;

(vi) Concrete construction for pedestrian paths;

(vii) Facilities that are to be contained within it must comply with the Disability Discrimination Act. The public open space must be designed for open public access with no restricted access areas included;

(viii) The provision of lighting for the safety and security of open space users. Lighting must be designed to avoid the creation of excessive light spillage that could cause a nuisance to adjacent residents;

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

(x) An indigenous and/or drought tolerant planting theme;

(xi) 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;

(f) Tree protection measures for trees to be retained;

(g) Details of all retaining walls proposed, having regard to the submitted Arborist report;

(h) Details of all permanent fences to be erected along all boundaries at the extent of the subdivision.

With the prior written consent of the Responsible Authority plans may be submitted and approved for individual Stages of the development prior to the commencement of each Stage. NOTE:

The selection of species for the landscape plan must have regard to the Banyule City Council Street Tree Strategy.

Tree planting material and installation requirements must meet the minimum standards and specifications of Council’s Parks and Buildings Department.

Roadworks and Civil works Plan

5. Unless otherwise agreed in writing by the Responsible Authority, the development permitted by this permit may not be commenced until a detailed road works and drainage civil works plans with specifications must be submitted to and approved by the Responsible Authority. Such plans must include:

(a) Fully sealed asphalt pavements with SM2kerb and channel on both sides of



carriageway and concrete vehicular crossings for each allotment where appropriate. A pavement design must be considerate of subgrade conditions and sub-grade improvements may be warranted. Minimum pavement depth is to be 260mm.

(b) All 5.5m wide roadways as indicated on the advertised plans designed to cater for 12 metre long refuse and drain vacuum trucks;

(c) A concrete footpath of 1.5 metres in width and maximum cross-fall 1:40 is to be provided on at least one side of all roads.

(d) Fencing or bollards and a concrete footpaths to the Public Open Space reserve as detailed in Condition 10(e);

(e) Kerb and channel with the use of 600mm wide SM2 Rollover kerb;

(f) Surface and underground drains including;

(g) Pit and pipe layout, long sections, pit schedules and drainage computations

(h) Details of GPT’s including sizing calculations and future maintenance regime

(i) 100 year storm overland flow paths

(j) Underground conduits for water, gas, electricity and telephone;

(k) Appropriate intersection and traffic measures;

(l) Street lighting in accordance with Australian Standards (with electrical supply plan and lighting layout plan);

(m) Street signage and line marking;

(n) High stability permanent survey marks;

(o) The location of street trees;

(p) Earthworks and fill with a compacted depth greater than 150mm.

The details of the road works and drainage plan may be varied with the consent of the Responsible Authority. With the prior written consent of the Responsible Authority plans may be submitted and approved for individual Stages of the development prior to the commencement of each Stage.

TREE PROTECTION AND REPLACEMENT

No additional tree removal or lopping

6. 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.

Underground Services 7. Any underground service installations within the calculated Tree Protection Zone of any

retained tree must be bored to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be:

(a) Undertaken after written approval is received from the Responsible Authority; and,

(b) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.




Tree Protection Measures

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

(a) Extent

Tree Preservation Zones shall be provided in the following locations:

(i) Trees 1, 2,13 ,17, 18, 19, 21, 24, 27, 28, 29, 34-46, 52, and 53: to the

extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject site;

(ii) Trees 10 and 48: to the extent of the calculated Tree Protection Zone

(TPZ) where it occurs within the nature strip.

(iii) The fencing can be realigned and suitable ground protection provided to

allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority

(b) Duration

Tree Preservation Zones shall be established prior to the commencement of works on the site. Unless otherwise agreed or required in writing by the Responsible Authority the Zones shall remain in place until development of the Stage within which they are located has been completed, inclusive of all construction and earthworks, but exclusive of planting.

(c) 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

(d) Fencing

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

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

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

(e) 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”.

(f) 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.

(g) Access to Tree Preservation Zone

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

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

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

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

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 ‘Air-Excavation’ 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.

Street Trees 9. Trees 6, 9, 12, 14, 47, 49, and 50 are each to be removed and replaced with an

advanced tree sourced from a qualified tree grower. Each specimen is then to be maintained (including, but not limited to, mulching, weeding, watering, and pruning maintenance) for a minimum of two years by suitably qualified specialists, to the satisfaction of the Responsible Authority. All works are to be undertaken at the cost of the applicant. Prior to the authorised removal of a street tree, the applicant must contact the Parks Department on 9490 4415 to confirm the following: (a) The species which is to be planted;

(b) The pot size of the specimen to be planted;

(c) The frequency of watering and weeding;

(d) The depth of the mulch and the mulch material to be used; and,

(e) Other requirements as deemed necessary.

10. The additional Street Tree Planting required by Condition 6(b) are to be an advanced tree sourced from a qualified tree grower. Each specimen is then to be maintained (including, but not limited to, mulching, weeding, watering, and pruning maintenance) for a minimum of two years by suitably qualified specialists, to the satisfaction of the Responsible Authority. All works are to be undertaken at the cost of the applicant. Prior to the planting of street trees, the applicant must contact the parks department on 9490 4415 to confirm the following:




(a) The species which is to be planted;

(b) The pot size of the specimen to be planted;

(c) The frequency of watering and weeding;

(d) The depth of the mulch and the mulch material to be used; and,

(e) Other requirements as deemed necessary.

DURING CONSTRUCTION

11. 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) A Site Security Plan;

(f) 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) at all times unless otherwise approved by the Responsible Authority.

PRIOR TO OCCUPATION

12. Unless otherwise agreed in writing by the Responsible Authority the proposed dwelling(s) permitted by this permit must not be occupied until the development the Stage within it is located 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).

ONGOING REQUIREMENTS

Amenity

13. 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.

Urban Design / External Appearance

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




Car Parking / Access

15. 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.

16. 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.

17. Vehicular access or egress to the subject land from any roadway or service lane must

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

Tree Protection / Landscaping

18. 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.

19. 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.

20. All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees.

Rubbish Collection

21. 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.

TIME LIMITS

22. 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 five years of the date of this permit;

The Responsible Authority may extend the permit if a request is made in writing in



accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987.

PERMIT NOTES

A. Expiry of Permit

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

B. Additional approvals required

Building Permit Required

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

No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. 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) A “Memorandum of Consent for Works” for any works within the road reserve;

and/or

(b) 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. Removal of Street Tree

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




C. During construction

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.

E. 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. Part B Council write to the local community advising of its decision. The letters be signed by the Mayor (Ward Councillor).

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 4.4 FOOD AND BEVERAGE GROWTH PLAN - MELBOURNE'S NORTH

EXECUTIVE SUMMARY

Funded through the Northern Melbourne Regional Development Australia Committee and coordinated through NORTH Link, the Food and Beverage Growth Plan (Plan) has been developed providing a strategic road map for the continued growth of the food and beverage sector across seven northern region councils. Contributing over six-hundred jobs in Banyule alone, the food and beverage sector is considered a regional competitive advantage. Underpinned by a strategic growth strategy, the Plan articulates the challenges and opportunities faced by food and beverage related businesses with a particular emphasis on market research, strategic targeting of new markets and the development of new products. The Plan examines the critical success factors and actions that can grow the sector from a turnover of $2.6 billion to $5 billion over the next 10 years, creating an additional 7,000 jobs in the process. Critical to the implementation of this Plan, Council’s endorsement is now required to unilaterally position the region to leverage future State and Commonwealth funding opportunities to implement actions within the Plan.



FOOD AND BEVERAGE GROWTH PLAN - MELBOURNE'S NORTH CONT’D


That Council endorse the Food and Beverage Growth Plan – Melbourne’s North.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2015

EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 15 May 2015. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member councils. Any motions submitted must be approved by Council and submitted by 17 April 2015. The MAV holds two State Council Meetings per year. The meetings are an opportunity for Councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. This report proposes that Banyule submits the following motions to the MAV for inclusion on the agenda of the May State Council Meeting relating to the:

Review of Statutory Requirements for Council Plan,

Review of Planning and Environment Fees,

The Victorian Auditor General’s Report on The Effectiveness of Support for Local Government.

A group of MAV Eastern Metro Representative Councils, of which Banyule is a representative council, have taken a regional approach to sharing and developing motions for the upcoming State Council meeting. In addition to the Banyule motions, this report considers supporting and endorsing other council’s motions. The regional motions that are being put forward for support by the Eastern Metropolitan Councils, and require endorsement include:

Review of Statutory Requirements for Council Plan (Banyule)

Rate Capping Framework For Local Government (Manningham)

Funding for School Focussed Youth Service Program (Manningham)

Ongoing Funding For Universal Access To Early Education (Manningham)

Council Liability- VCAT Planning Decisions (Maroondah)

Municipal Development Contribution Plan (Maroondah)

Census (Maroondah)

Library Funding(Maroondah)

Social and affordable housing across the Region (Whitehorse)



MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2015 CONT’D


1. That Council adopt the following motions for submission to the MAV State Council Meeting to be held on 15 May 2015:

(a) Review of Planning and Environment Fees

‘That the Municipal Association of Victoria seeks a State Government review of the Planning and Environment Fees to ensure they better reflect the cost of delivering statutory planning services and addresses a failure to increase fees since 2007.’

(b) The Victorian Auditor General’s Report on The Effectiveness of Support for

Local Government ‘That the Municipal Association of Victoria continue to work proactively to implement

the recommendations that apply directly to them from the Victorian Auditor General’s report on the “Effectiveness of Support for Local Government” and keep members informed of the progress being made to implement the recommendations of the report.’

2. That Council adopt the following motion and seek endorsement from the Eastern Group

of Councils for submission to the MAV State Council Meeting to be held on 15 May 2015:

Review of Statutory Requirements for Council Plan ‘That the Municipal Association of Victoria advocates to the State Government seeking a

review of the current requirement for Councils to develop and adopt a four year Council Plan within 6 months of a General Election or by 30 June, whichever is the later. Any review of the Council Plan provisions should be done in consultation with Local Government and as a minimum should take into account the need for a reasonable period of time, at least one year, for a newly elected Council to be inducted, consult with the community, and to then set the strategic direction for the Council.’

3. That Council endorse the following further regional motions for submission to the MAV

State Council Meeting to be held on 15 May 2015:

Submitted by Manningham: a) Rate Capping Framework For Local Government That the MAV take into account the following when advocating to the State

Government on the development of the rate capping framework by the Essential Services Commission.

That the Sector Panel overseeing development of the Framework:

1. seek and consider submissions from independent experts on the economic and social impact of any proposed rate capping framework, prior to adoption;

2. fully assess the impact of long term cost shifting from both State and Federal governments and provide options to offset the financial impact of future changes to coincide with the introduction of the framework.

3. seek additional time to enable local government to fully participate in the development of the framework and to prepare for implementation.

4. consider embedding sufficient flexibility in the framework to enable it to be implemented in each council in a manner which responds to particular local needs and demands.



MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2015 CONT’D

b) Funding for School Focused Youth Service Program That the MAV State Council write to the State Minister for Education advocating for

further three year program funding to be provided which will enable the Statewide School Focused Youth Service program to continue to be implemented across schools and communities beyond December 2015.

c) Ongoing Funding For Universal Access To Early Education That the MAV continue to advocate to the State and Federal Governments

continue the funding of the Universal Access to Early Childhood Education Program (15 Hours of Kindergarten).

Submitted by Maroondah City Council d) Council Liability- VCAT Planning Decisions

That the Municipal Association of Victoria State Council calls on the state government to ensure:-

1. That VCAT take responsibility for the defence of litigation against planning determinations made by VCAT; and

2. The impost of the current cost to Victorian local government in defending such litigation is lifted from the sector.

e) Municipal Development Contribution Plan That the Municipal Association of Victoria State Council calls on the state

government to provide a clear process to enable municipalities to introduce a development contribution plan on a municipal wide basis.

f) Census That the Municipal Association of Victoria State Council calls on the Federal

government to reject the Australian Bureau of Statics (ABS) request to amend the census and statistics act to alter the frequency that the ABC is required to conduct a census from every 5 years to every 10 years.

g) Library Funding That the Municipal Association of Victoria State Council further continue to press

and lobby the state government for an improved recurrent and capital library funding, including an urgent review of the current funding mechanisms.

Submitted by Whitehorse City Council h) Social and affordable housing across the Region

That the MAV State Council:

a) Write to the State Minister for Housing, the Minister for Planning and the Minister for Community Services advocating for an increase in social and affordable housing through changes to the Planning Act.

b) Write to the State Minister for Housing, the Minister for Planning and the Minister for Community Services advocating to release surplus and under-utilised State owned land for diverse housing development and through support for innovative approaches to social housing, with a focus on the Eastern Region of Melbourne, which has the lowest rates of social housing and housing affordability across the State.

Submitted by Knox City Council i) Standard development contribution levies on infill development within



established urban areas That the MAV call on the Victorian State Government, as part of the current review of the Victorian Development Contributions system, to introduce standard Development Contribution Levies for infill development on larger sites (1hectare and greater) within urban areas across metropolitan Melbourne.

j) Health Promotion/Prevention Funding

That the MAV State Council call on the Federal Government to reinstate the National Partnership Agreement for Preventative Health (NPAPH) and associated health promotion/prevention funding to enable initiatives such as the Healthy Together Victoria initiative to continue from 1 July 2015.

That the MAV State Council call on the State Government to re-invest in Healthy Together Victoria over the next three (3) years.

k) Grade Separation Projects In Activity Centres

That the MAV advocate to the State Government to ensure that those grade separation projects situated within activity centres are undertaken to optimise the delivery of economic development, community infrastructure, urban design and social benefit outcomes.

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED 5.2 ADVOCACY REPORT 1 JULY 2014 - 31 DECEMBER 2014

EXECUTIVE SUMMARY

This biannual Advocacy Report, ‘Taking Action on What Matters to our Community’, is designed to inform Council and the community on the advocacy initiatives undertaken on key issues of local, regional and wider relevance, in order to represent the best interests of the Banyule community. Council is continually advocating to relevant local, state and federal governments and organisations on key issues. Our aim in advocating is to persuade and influence decision makers and leaders, in all spheres of government and the private sector, to act in the best interests of the Banyule community. Some of the key issues Banyule has advocated on includes:

Planning and Infrastructure (high density development, open space, traffic management)

Health and Wellbeing

Access & Disability

Upholding the Human Rights of our community and

Other services essential to the community. By advocating, we seek to:

Change public policy and the allocation of resources, particularly to the more disadvantaged within our community.

Increase the visibility and understanding of the issues affecting our community among decision makers.

Participate in agenda setting on matters impacting our local communities. This Advocacy Report (attached) details the advocacy undertaken from 1 July 2014 until 31 December 2014.



ADVOCACY REPORT 1 JULY 2014 - 31 DECEMBER 2014 COND’T


That the Advocacy Report 1 July 2014 to 31 December 2014 (attached) be noted and Council continue to Advocate on behalf of its Community.

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 PREPARATION OF CITY PLAN 2013-2017 (YEAR 3)

EXECUTIVE SUMMARY

The City Plan 2013-2017 (Year 3) outlines the strategic intent, direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance. It helps guide the services Council provides to the community. The Plan is reviewed and updated each year after comprehensive consultation with the community, Councillors and staff and is framed through a legislative context and relies on evidence of industry best practice. This annual review process ensures Council continues to deliver the most appropriate services and projects for Banyule. Feedback has helped Council to plan specific key initiatives and priorities for Year 3 of the City Plan, which encompasses the 2015/16 financial year. The purpose of this report is:

To fulfil Council’s compliance with sections 125 and 126 of the Local Government Act 1989, and consider public submissions to the exhibited draft plan at a Council Meeting on Monday, 25 May 2015.

To provide public notice of Council’s intention to adopt Banyule’s City Plan for 2013-2017 (Year 3) at a Council Meeting on Monday, 22 June 2015, and strive to achieve Council’s Vision for its community

Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. The draft of the new City Plan 2013-2017 (Year 3), including the Strategic Resource Plan 2015/2016–2018/2019, has been available for community consideration via Council’s website and Service Centres, and at local libraries and neighbourhood houses, during 11-25 March 2015, and extended to 14 April 2015. The draft plan has also been promoted through The Banner newsletter and via advertisements in local papers. The attached City Plan contains the Strategic Resource Plan (SRP) for Banyule City Council for the next 4 year period. The SRP outlines how Council will manage our financial and non-financial resources, including human resources, over the next four years to achieve our strategic objectives. All initiatives outlined in the City Plan are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this Plan. Subject to Council approval, the attached draft City Plan 2013-2017 (Year 3) will be made available for the public exhibition period of 14 April 2015 – 15 May 2015.



PREPARATION OF CITY PLAN 2013-2017 (YEAR 3) CONT’D


That 1. The City Plan 2013-2017 (Year 3) attached, be the Council Plan prepared by Council

for the purposes of Sections 125 and 126 of the Local Government Act 1989. 2. Public Notice of the preparation of the attached City Plan 2013-2017 (Year 3) be given

on Council’s website to appear Tuesday, 14 April 2015, and in The Age newspaper to appear Wednesday 15 April 2015 and local newspapers, and copies of the draft plan to be made available online on Council’s website, at Council’s Service Centres, and at local libraries and neighbourhood houses.

3. Council receive submissions regarding the proposed City Plan 2013-2017 (Year 3) until

the close of business on Friday, 15 May 2015. 4. In accordance with section 223 of the Local Government Act 1989, submissions will be

heard at the Ordinary Meeting of Council on Monday 25 May 2015. 5 Council consider the adoption of the proposed City Plan 2013-2017 (Year 3) in

accordance with Sections 125 of the Local Government Act 1989; at a Council Meeting to be held on Monday 22 June 2015.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED 6.2 PREPARATION OF BUDGET FOR PERIOD 1 JULY 2015 TO 30 JUNE 2016

Mr Murrary Newman spoke on the item. EXECUTIVE SUMMARY

Council’s proposed Budget 2015-2016 responds to need for the resourcing of community priorities for Banyule. The Budget 2015-2016 matches the strategic intent and direction of Banyule City Council over the life of the City Plan. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City. The objectives, intended via this report, are to give notice of: 1) the preparation of Council’s Budget for 2015/2016 (as attached) for the purposes of

Section 127 of the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2015

2) Council’s intention to adopt Banyule’s Budget for 2015-2016 (in accordance with

Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 22 June 2015

3) The opportunity for additional formal feedback and consideration of all public

submissions on the proposed Budget at the Council meeting on Monday, 25 May 2015.



PREPARATION OF BUDGET FOR PERIOD 1 JULY 2015 TO 30 JUNE 2016 CONT’D

Note: Cr Wayne Phillips foreshadowed that he will be declaring a Conflict of Interest in an item in the budget when it is considered for adoption. In relation to resheeting works in the street where he owns a business. Resolution (CO2015/92)

1. That the Budget 2015 - 2016 attached to this report, be the proposed Budget prepared by Council for the purposes of Section 127 of the Local Government Act 1989.

2. That Council:

(a) Gives public notice for the preparation of such budget in accordance with Section 129 of the Local Government Act 1989; and

(b) Makes available for public inspection the information required to be made

available in accordance with the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2015.

(c) In accordance with Section 223 of the Act, calls for and receives submissions to

the Budget 2015-2016 from the public, in writing, until Friday 15 of May at 5:00pm

3. That Council consider any submissions in regards to the proposed Budget 2015-2016

in accordance with Sections 127,129 or 223 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday, 25 May 2015.

4 That Council consider the adoption of the proposed Budget 2015-2016 (including the

declaration of differential rates and charges, required interest to be paid on rates & charges not paid by the due date and the Schedule of Fees and Charges) in accordance with Sections 127 or 129 of the Local Government Act 1989; and Local Government (Planning and Reporting) Regulations 2015, at a Council Meeting to be held on Monday, 22 June 2015.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED 6.3 RATING STRATEGY 2014/2015

EXECUTIVE SUMMARY

The Rating Strategy is the method by which Council systematically considers factors of importance that informs its decisions about the rating system. The rating system determines how Council will raise money from properties within the municipality. It does not influence the total amount to be raised, only the share of revenue contributed by each property. The rating system comprises the valuation base and actual rating instruments allowed under the Local Government Act 1989 to calculate property owners’ liability for rates. As rates are a significant part of Councils revenue, a Rating Strategy is a key element in the Council exercising sound financial management.



RATING STRATEGY 2014/2015 CONT’D

Some key principles that Banyule City Council adopt are noted below and are explained in further detail within the report attached:

Capital improved value is used for rating valuation purposes (section 4)

Differential rating has been adopted (section 6)

A Municipal Charge is levied on all ratable properties (section 8)

Banyule City Council does not currently levy an annual service charge for the collection and disposal of waste to all ratepayers. A standard service is provided to residential ratable properties and is funded from general rates (section 9)

Banyule City Council currently has 12 Special Rate and or Charge schemes in operation, 11 are Promotional Schemes and one is a Constructional Scheme (section 10)

No further rebates or concessions than those afforded by the State Government Pensioner Rebate scheme are provided (section 11)

A rate rebate is not provided to support the provision of affordable housing by registered agencies (section 12)

No incentives are offered for the payment of rates and charges before the dates. Banyule City Council does provide support via deferment or payment arrangements for those experiencing financial hardship (section 13)

This report seeks consideration and adoption of Council’s Rating Strategy.


That Council adopt the 2014/15 Rating Strategy.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland CARRIED 6.4 PROPOSED GOVERNANCE LOCAL LAW - CONSIDERATION AND HEARING OF

SUBMISSIONS

EXECUTIVE SUMMARY

Banyule City Council’s existing Local Law No. 2 (2005) – Conduct of Meetings ceases to operate on the 28 April 2015. As a result, this Local Law has undergone an extensive review and a new proposed Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code, as a replacement local law has been developed. It is proposed that the new Governance Local Law No. 2 (2015) will commence operation when the existing Local Law No. 2 (2005) – Conduct of Meetings is revoked. Council resolved at its meeting on the 2 March 2015 to commence the prescribed statutory process outlined under section 119 and 223 of the Local Government Act 1989, and gave Notice of Intention to Make a Local Law. The giving of public notice provides the opportunity for members of the public affected by the proposed Governance Local Law No. 2 (2015) to make a written submission in relation to the proposed Local Law. Council is obliged, under section 223 of the Local Government Act 1989 to hear and give consideration to any submissions received in relation to the proposed Governance Local Law No. 2 (2015). The public were able to view the proposed Governance Local Law No. 2 (2015) on Council’s website and at Council’s Customer Service Centres. The submission period was from the 5



March 2015 and closed at 5.00pm on 3 April 2015. No written submissions were received. Following the Ordinary Meeting of Council on 13 April 2015, Council officers will prepare another report to consider the making and adoption of the Governance Local Law No. 2 (2015) and Meeting Procedures Code at a future meeting of Council, the date to be determined.


That Council: 1. Notes that no submissions were received in respect of Council’s intention to make a

local law, Governance Local Law No. 2 (2015) incorporating the Meeting Procedures Code in accordance with section 119 and 223 of the Local Government Act 1989.

2. At its Ordinary Meeting of Council (date to be determined) consider the adoption of

Governance Local Law No. 2 (2015) and Meeting Procedures Code.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED 6.5 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) 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: 16 March 2015

Type of Meeting: Councillor Briefing

Matters Considered: Dinner RSL Presidents – Anzac Day Celebrations

Household Survey

The Mall Project Update

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



Staff Present: Simon McMillan – Chief Executive Officer

Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Allister Crawford – Acting Manager Organisational Systems Joseph Tabacco – Manager Property & Economic Development Giovanna Savini – Manager Youth & Family Services Trish Hosking – Coordiantor Communications Michael Hutchison – Coordinator City Development Projects

Others Present: Dale Hubner – Metropolis Research Architect

Conflict of Interest: Nil


Type of Meeting: Confidential Briefing - Strategic Property Group

Matters Considered: Confidential Property Matters

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

Staff Present: Scott Walker – Director City Development Joseph Tabacco – Manager Property & Economic Development Michael Hutchison – Coordinator City Development Projects Jeanette Kringle – Coordinator Property Operations

Others Present: Nil



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Proposed Developments


Staff Present: Simon McMillan – Chief Executive Officer



Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Michael Hutchison – Coordinator City Development Projects

Others Present: Nil




Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 23 March 2015 (excluding confidential items) as listed below:

2.1 Rosanna Road and Darebin Street - Proposed School Crossing Supervisor

2.2 "Victoria Cross" Estate, Macleod - Improving Recognition of the Victoria Cross Recipients Street Names

3.1 Urban Forest Plan

4.1 North East Link - Quarterly Report

4.2 Review of Traffic around Loyola College, Watsonia

4.3 Alphington Paper Mills Proposal

4.4 Bell Street Mall - A Safer Mall

4.5 Proposed Changes to the Planning and Environment Regulations

4.6 Conversion of an existing dwelling into two attached dwellings at 16 Odenwald Road, Eaglemont

5.1 Multicultural Advisory Committee Meeting Minutes - 5/2/2015

5.2 LGBTI Advisory Committee Meeting - Minutes - 10/2/2015

5.3 Minutes - Disability and Inclusion Advisory Committee Meeting - 28/1/15 & 18/2/2015

5.4 Appointment of Councillor to the Municipal Association of Victoria (MAV) Committee

6.1 VAGO Report - Effectiveness of Support for Local Government Report

6.2 VAGO Report - Local Government Results of the 2013-14 Audits

6.3 Protected Disclosures - Banyule awarded Gold Star by Independant Broad Based Anti Corruption Commission (IBAC)

6.4 Councillor Strategic Planning Session

6.5 Tenancy 1 and Tenancy 2 460 Lower Heidelberg Road Heidelberg - Proposed Change of Use

6.6 22 and 24 Peters Street Watsonia - Notice of



Intention to Sell

6.7 Adoption of Proposed General Local Law No. 1 (2015)

6.8 Reallocation of 2014/2015 Local Roads Resheeting Program Funding

6.9 Councillor Motions - Status Update

6.10 Assembly of Councillors

8.1 Divestments

8.2 Auditor General's Review into the Effectiveness of Support for Local Government

8.3 Mayoral Duties and Attendances

8.4 Survey on Council Performance

8.5 Opposition to Legalisation of Mixed Martial Arts

9. General Business Banyule Festival 10. Urgent Business Livingstone Street Ivanhoe, Lease to Seacrest Pty Ltd

Councillors Present: Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Gina Burden – Manager Governance & Communications Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Emily Outlaw – Council Governance Liaison Officer Joseph Tabacco – Manager Property & Economic Development Joel Elbourne – Manager Urban Planning & Building Paul Fitzgerald – Open Space Planning Project Officer Peter Benazic – Manager Parks and Gardens Jan Richardson – Coordinator Cemeteries

Others Present: Nil




Matters Considered: LaTrobe Employment Cluster Framework Plan

Councillors Present: Steven Briffa Mark Di Pasquale



Craig Langdon Tom Melican Jenny Mulholland

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Joel Elbourne – Manager Urban Planning & Building

Others Present: Peter Seamer- CEO (Metropolitan Planning Authority) Paul Byrne – (Metropolitan Planning Authority) Lucy Botta – (Metropolitan Planning Authority)



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential matter which the Council considers may prejudice the Council or other person


Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services

Others Present: Nil



That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

7. SEALING OF DOCUMENTS

Nil



8. NOTICES OF MOTION

8.1 ANZAC DAY EVENTS - TIME CAPSULES

Cr Craig Langdon submitted a Notice of Motion


“That two time capsules be created covering the events leading up to and including Anzac

Day 2015 and any related news or memorabilia to be placed at Memorial Park, Greensborough and the VC Estate, Macleod.”

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

9. General Business

9.1 ANZAC DAY SERVICES 2015

Cr Jenny Mulholland clarified the advertising process relating to the Anzac Day 2015 services throughout the municipality.

10. Urgent Business

CONSIDERATION OF URGENT BUSINESS ITEM

(CO2015/97) Resolution That an item of Urgent Business on the Future of Heidelberg water tank site at Upper Heidelberg Road be considered. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 10.1 FUTURE OF HEIDELBERG WATER TANK SITE AT UPPER HEIDELBERG ROAD

This urgent business item seeks a motion that Council write to Yarra Valley Water and the State Government about the future of the Heidelberg Water Tank site at Upper Heidelberg Road. This public utility land abuts the Bell/Banksia Link and is to the south of the development site at 443 Upper Heidelberg Road. This item reflects concern that if this public land is sold to a developer in the future that a similar, large-scale development proposal may then be pursued. In light of the recent planning application for a 26 storey tower at 443 Upper Heidelberg Road in Heidelberg, local residents have raised concerns that other land in the area could be subjected to similar development pressure. In particular, the nearby public utility land at 421 Upper Heidelberg Road. This public land is currently occupied by a large, decommissioned water tank that is managed by Yarra Valley Water. If this land is sold in the future to a developer, there is a risk that inappropriate development may happen. Such development could impact nearby residents with excessive building-bulk, overlooking, traffic and access issues.



FUTURE OF HEIDELBERG WATER TANK SITE AT UPPER HEIDELBERG ROAD CONT’D

Council’s Heidelberg Structure Plan is referenced in the Banyule Planning Scheme. This plan gives a framework for future development and identifies the decommissioned Water Tank site for “Strategic Public Open Space”, where there should be new or enhanced public spaces in the future. Given the recent development proposed for 443 Upper Heidelberg Road, that has generated concerns for the nearby Water Tank site, it is timely for Council to write to Yarra Valley Water and the State Government, to request that: Council’s Heidelberg Structure Plan is acknowledged as giving the preferred future for

the site as strategic public open space. Any future land disposal or development process for the site, include development

restrictions and actively enable the land’s future use and improvement as public open space.


That Council write to 1. Yarra Valley Water and the State Government (Minister for Water) expressing concern

about a potential development on the Heidelberg Water Tank site. If in the future the land is sold, Council requests the land should be provided to Council and used in a manner that is consistent with the Heidelberg Structure Plan which is shown as public open space.

2. The State Member for Ivanhoe, and Upper House members for the Eastern

Metropolitan Region, requesting their written support for the land to be ear-marked for future public open space.

3. The residents in the surrounding area informing them of this decision. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

Closure of Meeting

The Meeting was closed at 11.02pm.

DATED:........................... DAY OF ........................... 2015

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

Documents

Banyule City Council 13 April 2015 Ordinary Mintues