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Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 25 May 2015 commencing at 7.45 pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary. AGENDA The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Nil Confirmation of Minutes Ordinary Meeting of Council held 11 May 2015 Disclosure of Interests Nil 1. Petitions Nil REPORTS: 2. People Community Strengthening and Support 2.1 World Health Organisation Developing Indicators for Age-Friendly Cities - Pilot Project Meeting ................................................................................... 3 2.2 Community Buses Review ...................................................................................... 6 3. Planet Environmental Sustainability Nil 4. Place Sustainable Amenity and Built Environment

Banyule City Council 25 May 2015 Ordinary Meeting Agenda

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Banyule City Council 25 May 2015 Ordinary Meeting Agenda

Text of Banyule City Council 25 May 2015 Ordinary Meeting Agenda

  • Ordinary Meeting of Council

    Council Chambers, Service Centre

    275 Upper Heidelberg Road, Ivanhoe

    25 May 2015 commencing at 7.45 pm

    Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

    AGENDA

    The Mayors Acknowledgement of the Wurundjeri People Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.

    Apologies and Leave of Absence Nil Confirmation of Minutes Ordinary Meeting of Council held 11 May 2015 Disclosure of Interests Nil

    1. Petitions Nil

    REPORTS:

    2. People Community Strengthening and Support

    2.1 World Health Organisation Developing Indicators for Age-Friendly Cities - Pilot Project Meeting ................................................................................... 3

    2.2 Community Buses Review ...................................................................................... 6

    3. Planet Environmental Sustainability

    Nil

    4. Place Sustainable Amenity and Built Environment

  • AGENDA (Contd)

    Ordinary Meeting of Council - 25 May 2015 Page 2

    4.1 Notice of Intention to Declare a Special Rate - Bell Street Mall ............................ 11

    4.2 Update on the Vision for Watsonia Village ............................................................ 18

    4.3 Planning Permit Application for an additional 15 Electronic Gaming Machines and associated buidling and works at Montmorency Eltham RSL (P1143/2014) .................................................................................... 22

    5. Participation Community Involvement in Community Life

    5.1 Proposed City Plan & Budget - Consideration of Submissions Received ............................................................................................................... 43

    6. Performance - Use Our Resources Wisely

    6.1 219 Southern Road Heidelberg West - Proposed Sale of Land ............................. 53

    6.2 Responding to the MAV invitation to join a proposed local government workers' compensation mutual scheme ............................................. 60

    6.3 Assembly of Councillors ........................................................................................ 69

    6.4 Challenges, Workload and Initiatives in Development Planning ............................ 79

    6.5 29 Alamein Road Heidelberg West - Proposed Sale of Land ................................ 84

    6.6 Shop 201 Greensborough Plaza and Shop 378A Greensborough Plaza .................................................................................................................... 89

    7. Sealing of Documents

    7.1 Sealing of Documents .......................................................................................... 93

    8. Notices of Motion

    8.1 Review of Council Committees ............................................................................. 95

    8.2 Greensborough College ........................................................................................ 97

    9. General Business

    10. Urgent Business

    Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering the following confidential matter

    11. Confidential Matters

    11.1 Contractual matters

    11.2 Contractual matters and proposed developments

    11.3 Contractual matters

    11.4 Contractual matters

    Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified.

    Closure of Meeting

  • 2.1

    People Community Strengthening and Support

    Ordinary Meeting of Council - 25 May 2015 Page 3

    2.1 WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING

    Author: Allison Beckwith - Director - Community Programs, Community Programs

    File: F2015/167

    EXECUTIVE SUMMARY Banyule City Council has been invited to represent Australia at the World Health Organisations (WHO) global meeting on developing indicators for Age-friendly Cities to be held from 10-11 June 2015. Banyule was selected as one of 13 sites from around the world to evaluate indicators on how good a place is to grow old. It involved the testing of more than 20 indicators. They relate to a range of factors including the physical environment, such as housing and transport; the social environment, such as employment, inclusion and participation; and health.

    The WHO project requires the pilot sites to send a representative, who are experts on the subject matter, to a global two day meeting to be held in Geneva Switzerland. The WHO is providing funding for one officer from Banyule to attend. The other pilot sites required to attend include: Bilbao, Spain; Bowdoinham, USA; Dijon, France; Hong Kong SAR, China; La Plata, Argentina; Nairobi, Kenya; New Delhi, India; Shanghai/Jingan, China; Tehran, Iran; Tuymazy, Russia; Udine, Italy; and Washington DC, USA.

    The meeting will provide an opportunity for the pilot sites to directly offer feedback on the guide and core indicators, and exchange their views and experiences. This will not only generate valuable input for the WHO but will also facilitate peer learning among the pilot sites. The outcomes of this meeting will support Banyule and other cities around the world in becoming more Age-friendly. In accordance with Council policy which requires Council approval for attendance at overseas conferences or events, approval for the attendance of a Council officer at the WHO meeting in Geneva is being sought.

    RECOMMENDATION

    That: 1. The World Health Organisation Developing Indicators for Age-friendly Cites

    Pilot Project Meeting, report be noted and Council continue to enhance the lives of older people in Banyule

    2. Council support officer attendance at the World Health Organisation

    Developing Indicators for Age-friendly Cites - Pilot Project Meeting in Geneva, Switzerland, noting that attendance is being funded by the World Health Organisation.

    3. That a presentation be made to a future Council meeting on the outcomes and

  • 2.1

    People Community Strengthening and Support

    WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING contd

    Ordinary Meeting of Council - 25 May 2015 Page 4

    learning from the project.

    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. Lisa Raywood Manager Health, Aged and Community Planning, has been involved in the preparation of this report and is the Council Officer who it is proposed will be attending the Meeting as Councils expert representative.

    CITY PLAN

    This report is in line with Councils City Plan key direction to promote and support health and wellbeing.

    BACKGROUND

    Last year Banyule City Council was accepted as a member of the Global Network of Age-friendly Cities. Membership to this network supports Councils work in enhancing the lives of older people in Banyule. As part of this work Banyule City Council applied to the World Health Organisation (WHO) to be a test site for their pilot project on Developing Indicators for Age-friendly Cities. This project was established to provide the WHO with practical advice and direction on their research in to these indicators. Banyule was one of 13 sites from around the world selected for this project. The other pilot sites included: Bilbao, Spain; Bowdoinham, USA; Dijon, France; Hong Kong SAR, China; La Plata, Argentina; Nairobi, Kenya; New Delhi, India; Shanghai/Jingan, China; Tehran, Iran; Tuymazy, Russia; Udine, Italy; and Washington DC, USA. The project involves the testing of more than 20 indicators that relate to a range of factors including the physical environment, such as housing and transport; the social environment, such as employment, inclusion and participation; and health.

    HUMAN RIGHTS CHARTER

    In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

  • 2.1

    People Community Strengthening and Support

    WORLD HEALTH ORGANISATION DEVELOPING INDICATORS FOR AGE-FRIENDLY CITIES - PILOT PROJECT MEETING contd

    Ordinary Meeting of Council - 25 May 2015 Page 5

    DISCUSSION

    In March this year Council submitted its written report on this project to the WHO. The final stage of this project is Councils participation in the pilot site meeting being hosted and funded by the WHO. This meeting will take place on the 10-11 June 2015 in Geneva, Switzerland and the necessary arrangements have been made for officer attendance. The representatives attending are required to be experts on the subject matter and must fully participate throughout the two day meeting. The specific objectives of the meeting are;

    To discuss feedback on the usefulness and adaptability of the guide and core indicators

    To discuss possible modifications to the guide and core indicators based on the pilot site study results

    To facilitate exchange of perspectives and peer-learning among the pilot sites An increasing number of communities worldwide are striving to become more Age-friendly in response to the converging trends of urbanisation and ageing population. This is a valuable opportunity for Banyule City Council to provide input and expertise in shaping the framework that will support Cities around the world in becoming more Age-friendly In accordance with Council policy which requires Council approval for attendance at overseas conferences or events, approval for attendance at the WHO meeting in Geneva is being sought.

    FUNDING IMPLICATIONS

    Banyules participation in the pilot project meeting is required as part of the project outline and the WHO is providing the necessary funding for one Banyule Council officer to attend. It is proposed that Council send Lisa Raywood, Manager Health, Aged and Community Planning as its expert representative. Councils contribution will be by way of supporting the Officers attendance at the global meeting.

    CONCLUSION

    Banyule City Council has been invited to represent Australia at the World Health Organisations global meeting on developing indicators for Age-friendly Cities. The outcomes of this meeting will support Banyule and other cities around the world in becoming more Age-friendly. Attendance at this meeting will place Council in a very strong position to provide a clear outline of both the Banyule and Australian Age-friendly context and will ensure sound outcomes for the WHO project. The outcomes and the learnings from the WHO global meeting will be reported back to Council.

    ATTACHMENTS

    Nil

  • 2.2

    People Community Strengthening and Support

    Ordinary Meeting of Council - 25 May 2015 Page 6

    2.2 COMMUNITY BUSES REVIEW Author: Darren Bennett - Manager Leisure, Recreation & Culture, Community

    Programs

    File: 2014/5968

    EXECUTIVE SUMMARY

    Council has two community buses available for community groups to hire within the municipality. Hire usage has dropped significantly in recent years which has led to the review of the service and the viability of Council continuing to operate the community bus hire service. Both buses are hired on average twice per month. In the current financial year there have been a total of thirty eight (38) bookings to date which is expected to generate approximately $5,000 of income. Over the last nine years, the demand for the service has decreased by approximately 50% and the net cost of the service to Council has increased. The average unit cost to Council per hire has risen from $288 in 2012/13 to $830 in 2014/15. The net cost to Council for the delivery of this service for 2014/15 is forecast to be $31,518. Benchmarking comparison between commercial bus hire operators and Councils community buses hire service indicates that the cost difference is minimal and the community has affordable options available for similar services. It is therefore being recommended that Council cease the operation of the community bus hire service as from the end of the 2014/15 financial year.

    RECOMMENDATION

    That Council: 1. Cease the community bus hire service from 1 July 2015. 2. Officers contact the one external organisation that has four existing bookings in

    2015/16 and pay any cost difference between Councils community bus fees and commercial bus hire operators fees.

    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. The 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 Councils City Plan key direction to provide responsible financial management and business planning processes.

  • 2.2

    People Community Strengthening and Support

    COMMUNITY BUSES REVIEW contd

    Ordinary Meeting of Council - 25 May 2015 Page 7

    BACKGROUND

    Councils current fleet includes five buses. Three of these buses are managed and operated by HACC Services for the Social Support programs used for daily pick up and drop home of Social Support Centres clients. The other two buses, the subject of this report, are housed at the Rosanna office customer car park, available for hire by community organisations and managed by the Leisure, Recreation & Cultural Services Department.

    In the past Community Groups hired the buses on a regular basis however in recent times, use has dropped significantly. Transport Safety Victoria now requires all hirers to have a Register Operators Number (RO #) for them to use the Community Bus. Officers are finding that fewer groups are booking the bus as this extra step to apply to Transport Safety Victoria for an RO # is deterring casual one off bookings.

    HUMAN RIGHTS CHARTER

    In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues given the cost difference between commercial bus hire operators and Councils buses hire service is minimal and the community has affordable options available for similar services

    CURRENT SITUATION

    There are two buses available for hire:

    A 12 seater bus - UPH 003

    An 11 seater bus - UPH 004 (This bus is also able to be converted to a 6 x seater with 2 x wheel chairs spaces and also has a wheelchair hoist).

    Bus UPH003 has approximately 50% higher use and therefore generates a greater level of income. The higher use is reportedly due to the extra seating available and having a tow bar which is important for sporting groups or school groups who take the bus away for weekend tournaments or camps during the week. The wheel chair hoist in bus UPH 004 impacts rear visibility and inexperienced drivers find the bus difficult to drive. While this bus does offer greater accessibility and provides for a wider diversity of use, the bus has fewer seats than UPH 003 and attracts less hires. Both buses are hired on average twice per month. Over the past 12 months, the biggest user category has been internal hires. There have only been two external bookings for the buses which were linked to programs subsidised by Council as a part of a Facility Access Grant in the early 2014/2015 round. Table A in Attachment One provides further information in relation to the number of hires for each bus, the breakdown between hires and the total income each bus has generated over the last three years. The 2006/07 revenue from the buses was just under $20,000 while the 2014/15 forecast estimates revenue below $5,000. Operating costs in 2006/07 was just under $30,000 compared to operating cost today of $36,000. Table B in Attachment One

  • 2.2

    People Community Strengthening and Support

    COMMUNITY BUSES REVIEW contd

    Ordinary Meeting of Council - 25 May 2015 Page 8

    provides the detail of income and expenditure over the last nine years and indicates the net cost of the service to Council has tripled since 2006/07. Table C in Attachment One indicates that the average unit cost to Council per hire has risen from $288 in 2012/13 to $830 in 2014/15. There are currently seven bookings for 2015/16, three of these bookings are internal Council area and the other four booking are with one external organisation. Over the last six years the buses have been involved in twelve (12) major accidents and a number of minor incidents. Most of the minor incidents e.g. scratches, dints and vandalism are occurring in the Rosanna office car park when the buses are not being hired. If the service is to continue, a more secure storage facility should also be a consideration. Due to the nature of these accidents and the increasing insurance cost for Council, a decision was made in 2013/14 to only hire the buses to Community groups for specific usage, thereby limiting Councils depreciation costs and exposure to insurance claims. While this decision has reduced Councils risk, it has also limited the potential revenue generation. Below are examples of allowable usage:

    Group: Example: Type of Use:

    Community Group Yarra Plenty Library Service use and

    Outings

    Community Sporting

    Groups

    Basketball Club Tournament

    Community Group Montmorency Secondary

    College

    School Camp

    The buses are only allowed to be driven in Victoria and buses are not permitted to enter undercover car parks.

    CONSULTATION

    Neighbouring municipalities offer a community bus hire services with similar model buses, however these services are increasingly under review due to risks management , insurance issues and escalating operating costs. A summary of the services in neighbouring municipalities is included in the table below.

  • 2.2

    People Community Strengthening and Support

    COMMUNITY BUSES REVIEW contd

    Ordinary Meeting of Council - 25 May 2015 Page 9

    Council Number of Buses

    Type of Use Permitted

    Whittlesea Council 2 Buses Community Use (100km from Epping)

    Darebin Council 1 Bus Community Use

    Hume Council 5 Buses (HACC)

    Community Use - Only hire out on weekend and after hours

    Nillumbik Council 1 Bus Community Use - Araluen hire the bus out on behalf of Nillumbik

    Manningham Council

    1 Bus Community Use

    Councils bus fees are on the lower end of the scale when compared to the commercial suppliers. Council have retained a low bus hire fee since 2011-12 to promote use of the service and ensure the service is affordable for all community groups.

    DISCUSSION

    The table below outlines the comparison between commercial bus hire operators and Council buses.

    Comparison Budget Avis Hertz BCC

    Hire Fee per Day $178.99 $140.56 $110.72 $92.50

    Max Km .30c per km over the 200km

    .29c per km over 150km

    Unlimited N/A

    extra $30 per day to reduce the standard excess

    $570.00 $1,150.00 $550.00 N/A

    Standard Insurance Excess

    $3,300.00 $5,000.00 $3,300.00 $500.00

    Location Preston Preston Preston Rosanna

    Note: Comparison of hire for a 12 seater bus. The table indicates that the cost difference is minimal when compared with some providers and the community has affordable options available for similar services.

    FINANCIAL CONSIDERATIONS

    Should Council cease operation of the bus hire service it will no longer require the buses and would need to dispose of the two excess buses. Councils practice in regard to disposing of excess fleet vehicles is based on the principle of gaining the best value from the surplus asset which usually involves going to auction through a motor vehicle auction house. On occasions Council has considered a request from a

  • 2.2

    People Community Strengthening and Support

    COMMUNITY BUSES REVIEW contd

    Ordinary Meeting of Council - 25 May 2015 Page 10

    third party to purchase the vehicle prior to auction. Where a third party expresses an interest in the asset, Council will seek three independent valuations from suitably qualified organisations and offer the asset for purchase based on the highest valuation. The income from sales of fleet is used in the budgeting of the fleet replacement budget and the objective is to maximise the return for Council to reduce costs.

    TIMELINES

    It is proposed that the community bus hire service will not be available from 1 July 2015. Officers will contact all existing bookings for the 2015/16 financial year and will pay the cost difference between Councils bus hire service and the commercial bus hire service. There is only one organisation that currently has four bookings in 2015/16.

    CONCLUSION

    The cost to deliver this service has increased significantly over the past eight years and demand for the service has decreased. Benchmarking comparisons between commercial providers and the Council bus hire services indicates that affordable options are available for similar services. A cost benefit analysis of the service indicates that Council should consider ceasing the service and dispose of the two excess buses.

    ATTACHMENTS

    No. Title Page

    1 Financial Analysis 100

  • 4.1

    Place Sustainable Amenity and Built Environment

    Ordinary Meeting of Council - 25 May 2015 Page 11

    4.1 NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL

    Author: Nicole Maslin - Economic Development Officer, City Development

    Ward: Olympia

    File: F2104/1858

    EXECUTIVE SUMMARY

    The Bell Street Mall is one of eleven retail centres located in Banyule that benefits from a special rate or charge program that enables shopping strips and the businesses located within them to strategically plan, market and manage as a collective group. Operating since 1992 over a number of schemes, the Bell Street Malls current 5 year program is set to expire on 30 June 2015. Accordingly, Council has received formal correspondence from the Bell Street Mall Traders Association requesting that Council declare by way of renewal, a scheme for a period of five years raising $55,000 annually. The Traders Association further requests Councils continued support under its Special Rate and Charge Policy by way of a capped Council contributory amount of $50,000 per annum to supplement the amount raised by the proposed scheme. The City of Banyules approach to activity centre special rate and charge schemes remains lauded nationally as a benchmark economic development initiative. Special rate and charge schemes are important to the ongoing viability of local centres that contribute significantly to the economic, social and cultural well-being of the Banyule community. Directly and indirectly, it is considered that the viability of the Bell Street Mall, as a commercial and retail precinct will be further enhanced through increased economic activity facilitated by a renewed special rate scheme that will enable: 1. Continued collective marketing and promotion of the shopping centre as a

    whole, which will assist to create a greater awareness and profile of the area, including what it has to offer to the community and its customers;

    2. All businesses to benefit from the continuation of a resourced traders association that coordinates the daily management of activities and drives the overall strategic direction of the centre with the support of Council; and

    3. Enhanced property values and improved use, enjoyment, occupation of properties and overall business goodwill within the centre.

    This report presents the first statutory requirement in facilitating a renewed scheme and details the official notice of intention, background and consultative engagement that forms part of the robust assessment process before Council decides whether or not to support the establishment of the scheme in August 2015.

  • 4.1

    Place Sustainable Amenity and Built Environment

    NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL contd

    Ordinary Meeting of Council - 25 May 2015 Page 12

    RECOMMENDATION

    That Council: 1. Notes the letter received from the Bell Street Mall Traders Association

    Incorporated (Traders Association) requesting the reintroduction of a Special Rate for the Bell Street Mall (Shopping Centre) and the initial letter sent by Council to the owners and occupiers of the properties included in the Shopping Centre proposing the reintroduction of a Special Rate in the form of the attachments to this resolution (being Attachments 1 and 4 respectively) and, having otherwise considered all relevant matters, commences the statutory process under the Local Government Act 1989 (Act) to reintroduce a Special Rate to and for the properties within the defined Shopping Centre. This Special Rate to raise an amount of $55,000 per annum for a period of five years, commencing on 1 July 2015 and ending on 30 June 2020

    2. Acting in accordance with sections 163(1A) and 163B(3) of the Act, directs

    that public notice be given in The Weekly Review- Ivanhoe and Diamond Valley newspaper of the intention of Council to declare at its ordinary meeting to be held on 3 August, 2015 in accordance with the proposed declaration of Special Rate in the form of the attachment to this resolution (being Attachment 2) (Proposed Declaration of Special Rate), such Special Rate to be for the purposes of defraying expenses to be incurred by Council in providing funds to the incorporated body known and operating as the Bell Street Mall Traders Association Incorporated, which funds, administratively only and subject always to the approval, direction and control of Council, are to be used for the purposes of contracted support, promotional, advertising, marketing, business development and other incidental expenses as approved by and agreed to from time to time between Council and the Traders Association, all of which are associated with the encouragement of commerce, retail, and professional activity and employment in the Shopping Centre.

    3. Directs that, in accordance with section 163(1C) of the Act, separate letters

    enclosing a copy of the public notice are to be sent to the owners and the occupiers of the properties referred to and set out in the listing of rateable properties set out in Schedule 2 to the Proposed Declaration of Special Rate, advising of the intention of Council to declare the Special Rate at its ordinary meeting to be held on 3 August 2015, the amount for which the property owner or the occupier (being a person who as a condition of a lease under which the person who occupies the property is required to pay the Special Rate) will be liable, the basis of the calculation and distribution of the Special Rate and notifying such persons that submissions and/or objections in writing in relation to the Proposed Declaration of Special Rate will be considered and/or taken into account by Council in accordance with sections 163A, 163B and 223 of the Act.

    4. Advises the Traders Association of the matters specified in paragraphs 1, 2 and 3 of this resolution.

    5. Notes the funding implications of the Special Rate and further, that these will be considered as a part of Councils 2015/2016 to 2019/2020 Capital Works Budgets.

  • 4.1

    Place Sustainable Amenity and Built Environment

    NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL contd

    Ordinary Meeting of Council - 25 May 2015 Page 13

    6. Authorises the Councils Director of City Development or the person for the

    time being acting in that position

    (a) to carry out any and all other administrative procedures necessary to enable Council to carry out its functions under section 163A and section 163(1A), (1B) and (1C) and sections 163B and 223 of the Act; and

    (b) to prepare a funding agreement between Council and the Traders

    Association to formalise the administrative operations of the Special Rate, such agreement being to ensure that at all times, and as a precondition to the payment of any funds by Council to the Traders Association, Council is, and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989 to do so.

    7. Directs that the agreement specified in paragraph 6(b) of this resolution is to

    be subsequently submitted to Council for approval and sealing before the proceeds of the Special Rate, or any part of them, are paid to the Traders Association for the purposes for which the Special Rate has been made.

    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 Councils City Plan key direction to support thriving commercial and retail activity.

    BACKGROUND

    The Local Government Act 1989 enables Council to levy a Special Rate on properties within a defined area if it considers that the land in that area will receive a special benefit from the expenditure of the funds raised in accordance with the functions of Council.

    A Special Rate Scheme has operated in the Bell Street Mall since 1992. The current Special Rate Scheme is a 5 year program that expires on 30 June 2015 and raises $50,000 per annum. This amount has been matched by Council in each year, providing a total annual budget of $100,000. This amount (as a combined sum) has been used for the purposes of marketing, event delivery, business development and beautification of the Bell Street Mall.

    Councils matched contribution (not the Special Rate component) over this time has also gone towards the cost of streetscape improvement, maintenance and other non-

  • 4.1

    Place Sustainable Amenity and Built Environment

    NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL contd

    Ordinary Meeting of Council - 25 May 2015 Page 14

    marketing and business development activities to enhance the physical environment and amenity of The Mall.

    Council has received a written request from the Bell Street Mall Traders Association (Traders Association) to re-introduce a Special Rate Scheme for the Bell Street Mall (Special Rate or Scheme) (refer Attachment 1). The letter received from the Traders Association requests that the new Scheme operate over a five year period, commencing on 1 July 2015 and ending on 30 June 2020. Additionally, the letter requests that Council increase the levy by $5,000 to raise $55,000 annually. This moderate increase in budget reflects increasing costs of services and inflation.

    HUMAN RIGHTS CHARTER

    In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

    LEGAL CONSIDERATION

    Council requires the Bell Street Mall Traders Association (an incorporated association) to have a high level of financial and management accountability of funds. This includes certain requirements identified in the funding agreement and documentation that must be submitted to Council including;

    quarterly reports

    budget and audited financial report at the conclusion of each financial year

    full minutes and reports of Annual General Meetings Council will ensure that, under the funding agreement, the proceeds of the Special Rate are expended by the Bell Street Mall Traders Association on behalf of the Council in an administrative capacity only. Council is and remains, legally responsible for approving, directing and controlling the expenditure of the proceeds of the Special Rate in accordance with its obligations under the Local Government Act 1989

    FUNDING IMPLICATIONS

    The Bell Street Mall Traders Association has requested that the proposed Scheme raise an amount of $55,000. Accordingly, based on a total of 67 properties included in the Scheme, it is proposed each property will be levied a Special Rate based on the Capital Improved Value of each property multiplied by an amount of 0.0019031163. The scheme is further bound by a base amount payable of $350 and a ceiling amount of $2,000 per annum. The proposed Scheme will raise an amount of $55,000 in each year over a period of five years, providing a total levy of $275,000 over the period of the Scheme. The existing scheme raises $50,000 with a minimum per property contribution of $300 and a maximum amount of $2,000. The proposed increase to a $350 minimum amount payable will provide a more equitable spread of the additional $5,000 to be raised each year.

  • 4.1

    Place Sustainable Amenity and Built Environment

    NOTICE OF INTENTION TO DECLARE A SPECIAL RATE - BELL STREET MALL contd

    Ordinary Meeting of Council - 25 May 2015 Page 15

    There is a strong expectation from the traders and the business operators located in the Bell Street Mall that Council will continue to contribute additional funding to the amounts raised through the Special Rate. Councils contributions have allowed The Bell Street Mall to address many of the physical development, maintenance and amenity issues that the Special Rate proceeds cannot be expended on. For example, Councils contribution can be used for:

    physical works;

    maintenance;

    infrastructure; and

    beautification. This approach to funding ensures a strategic and integrated approach, which addresses not only the marketing of the shopping centre, but also the physical and social environment, which is critical to the viability of our retail centres. Council resolved on 23 April 2012 to cap its contributions at the 2011-12 levels for all of the City of Banyules 11 special rate and charge schemes (including the Bell Street Mall). Accordingly, Councils contribution to the Bell Street Mall Special Rate Scheme renewal will remain at $50,000 per annum for the life of the scheme. The continuation of Councils funding contribution to the Scheme is included in the draft 2015-2016 Capital Works Budget.

    CONSULTATION

    Councils Economic Development team continue to working in partnership with the Traders Association to review the current Scheme program and to develop future priorities. As a part of this process, traders and business operators (as occupiers) and owners of properties included in the Scheme have been: Invited to a meeting of the Traders Association on 11 March 2015 to discuss ideas and priorities for the future; Provided with a survey in order to give feedback and opinions on past marketing and management activities and suggested activities for the future (this feedback had been considered in developing future activities and priorities for the business plan (refer Attachment 3)); Provided correspondence from Council informing them of the request of the Traders Association for Council to renew the Special Rate Scheme (refer Attachment 4); and Provided with opportunities for input into the preparation of a business plan. Key directions of the Bell Street Mall Business Plan include: Marketing

    Establish the image and identity required for the Centre to achieve its vision / branding through signage improvements, advertising and improved events with consistent family friendly themes and branding.

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    Establish and improve the Centres profile and exposure within surrounding areas to encourage people who dont normally come to the Bell Street Mall, to shop there and continue shopping there.

    Investigate introducing more market events in the centre.

    Investigate attracting and applying for additional funding by way of grants from all levels of government and relevant organisations.

    Business Development

    Investigate ways to encourage outside trading, including extending footpath trading policies.

    To maintain and improve the street space, constant management of trees, graffiti, public art and seating provisions are required to maintain the centres welcoming and physical attraction.

    Encourage landlords and tenants to update and maintain shop facades and buildings.

    Management & Communication

    Maintain the integrated approach of traders association, council, landlords, business owners, state agencies, local groups and the community working together to improve and promote the Mall.

    Manage stakeholder expectations.

    Establish clear lines of communication and more effectively use the Bell Street Mall website for communication amongst traders and the community.

    Community Development

    Develop partnerships within the community to maximise resources, understand needs and develop programs that build community pride, ownership and engagement with the Mall.

    Investigate the possibility of making the Bell St Mall, Melbournes 9th Cultural Precinct, such as Atherton Mall in Oakleigh (Greek Cultural Precinct)

    The development of a business plan for the Bell Street Mall to guide the expenditure of the Special Rate funds is identified in Councils Marketing and Management Guidelines and is a requirement set out in the funding agreement between Council and the Traders Association.

    The funding agreement states that the Traders Association cannot receive any Special Rate payments from Council until a final business plan is submitted to Councils Economic Development Unit. Subject to Council noting, the business plan developed by the Traders Association must articulate that the funds raised by the scheme are to be used in accordance with the purposes that have been approved by Council. Significant deviations from the business plan must involve consultation with Council and any significant changes must seek the written approval of Council. To declare a Special Rate Scheme, Council is required to comply with the statutory process under the Local Government Act 1989. The statutory process provides the community with the opportunity to make a submission and/or an objection to the Council on the proposed Scheme. Council will consider any submissions and take into account any objections in accordance with the Local Government Act 1989 prior to making a final decision with respect to the declaration of a Special Rate Scheme for the Bell Street Mall.

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    CONCLUSION

    The proposed Special Rate is a positive local economic development initiative, which will continue to provide resources for an ongoing strategic partnership between Council and the Bell Street Mall Traders Association. It is considered that all of the retail, commercial and professional services properties and businesses located in the Bell Street Mall will derive a special benefit from the expenditure of the Special Rate proceeds. Directly and indirectly, the viability of the Bell Street Mall, as a commercial, retail and professional services area will be further enhanced through increased economic activity by:

    continued collective marketing and promotion of the shopping centre as a whole, which will assist to create a greater awareness and profile of the area, including what it has to offer to the community and its customers;

    all businesses benefiting from the continuation of a traders association that coordinates the daily management of activities and drives the overall strategic direction with the support of Council; and

    enhanced property values and enhanced use, enjoyment and occupation of the properties and overall business goodwill as the Bell Street Mall will be considered a more desirable location to conduct business.

    It is considered further, that the only persons to derive a special benefit from the imposition of the proposed Special Rate are those persons who are liable or required to pay the Special Rate whether they be the owners or the occupiers of the land and the commercial and business properties included in the Scheme area (in circumstances where there are no other special benefits or community benefits accruing from the Special Rate).

    ATTACHMENTS

    No. Title Page

    1 Attachment 1 - Request from Association 101

    2 Attachment 2 - Proposed Declaration 102

    3 Attachment 3 - Survey 108

    4 Attachment 4 - Pre Intent Letter 112

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    4.2 UPDATE ON THE VISION FOR WATSONIA VILLAGE

    Author: Klover Apostola - Strategic Planner, City Development

    Ward: Grimshaw

    File: F2014/504

    EXECUTIVE SUMMARY

    Picture Watsonia: A Vision for Watsonia Village, was prepared to give direction to future change at Watsonias shopping street, railway station area and surrounds. It was adopted by Council at the 15 December 2014 Council meeting. At the meeting on 15 December 2014, Council also resolved to distribute a concise summary of the adopted vision to all residents in Watsonia and Watsonia North. The summary document, titled A Snapshot of Picture Watsonia, has since been prepared and distributed. It was accompanied by a cover letter from the ward Councillors and the Mayor, highlighting Councils current initiatives to deliver better services and infrastructure in Watsonia. Council has received some very positive feedback on this correspondence. Residents are pleased to see the work being done to improve the area, and are also enthusiastic about the ideas for the future. Some have also raised new ideas that could be considered in future projects. The feedback has also included support for the provision of a public park in Watsonia Village. The possibility of trialling a temporary road closure at the end of Ibbottson Street to provide temporary park between the Church and the Library, should be further explored in consultation with the local residents.

    RECOMMENDATION

    That Council: 1. Note the feedback received on the document A Snaphot of Picture Watsonia

    and the accompanying letter regarding Councils improvements to services and infrastructure in Watsonia.

    2. Continue to consider how the suggestions made can be incorporated into

    existing projects and considered for future budget allocations. 3. Begin consulting with the local residents about the possible temporary closure

    of the south west end of Ibbottson street to create a temporary town square.

    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.

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    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 Councils City Plan key direction to strengthen local activity and employment areas.

    BACKGROUND

    Picture Watsonia: A Vision for Watsonia Village was prepared in response to an initiative in Councils current City Plan 2013-2017, to give direction to future change at Watsonias shopping street, railway station area and surrounds. It was developed in consultation with key stakeholders including local residents, business owners, local Councillors, State Government Agencies, and Government representatives. It includes a vision statement to describe the way the place will look, feel and function in the future. It also provides a list of objectives to inform decisions so that they will achieve the vision, as well as many ideas that could lead to real change in Watsonia Village or protect its valued aspects. Picture Watsonia was adopted by Council at the 15 December 2014 Council meeting. At the Council meeting on 15 December 2014, Council also resolved to:

    Prepare a concise summary brochure in consultation with the Ward Councillors for the adopted vision to be distributed to all residents in Watsonia & Watsonia North, with final design, printing and distribution within budget.

    This summary document, titled A Snapshot of Picture Watsonia, has since been prepared and distributed to residents of Watsonia and Watsonia North. It was accompanied by a cover letter from the Grimshaw and Bakewell Ward Councillors and the Mayor, highlighting the current Council initiatives that are starting to deliver better services and infrastructure in Watsonia including the:

    Streetscape upgrades for Watsonia Road that are nearing completion.

    Recent completion of enhancements to the Watsonia Library

    Construction of a shared bike trail within the power easement currently underway.

    A copy of A Snapshot of Picture Watsonia and the cover letter is given in attachment 1.

    FEEDBACK ON A SNAPSHOT OF PICTURE WATSONIA

    Council has received some very positive feedback from the community in response to this package of information. The feedback received has also included some new suggestions on how improvements can be made in Watsonia Village. The comments received from local residents included:

    Appreciation for the effort that Council is making to improve Watsonia Village.

    Agreement with many of the ideas in the complete Picture Watsonia document including the provision of public art, a park, turning the pylons into sculptures, and more tree planting.

    Expressions of interest in being involved in the delivery of the vision.

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    Additional ideas for the future of the centre including holding a photography competition for local residents, or a mural on an exterior shop wall to deter graffiti.

    Concerns about the cleanliness of the public facilities in the centre, library computers, parking provision, and safety conflicts with on street parking spaces and users of the footpath.

    The table in attachment 2 gives a more detailed summary of the written feedback received, and Councils response.

    HUMAN RIGHTS CHARTER

    In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

    DELIVERING THE VISION

    While public consultation for the development of Picture Watsonia has been completed, Council is still interested in hearing ideas from the community on how the area can be improved and the vision can be delivered. Council will continue to prioritise the ideas and develop strategies to implement them as the opportunities arise and resources become available through budget allocations. There may also be ways of incorporating ideas into projects that are already being planned. An example of a current project that has responded to the ideas in Picture Watsonia is the second stage of the streetscape upgrades in Watsonia Road. The design of the streetscape upgrade has responded to the all kinds of green objective of Picture Watsonia by including tree planting in the new median strip at the southern end of Watsonia Road. This also helps to improve traffic conditions at the southern end of Watsonia Road. As discussed in the Council report on 15 December 2015, an idea for a future project that has been strongly supported by participants in the development of Picture Watsonia, is the temporary closure of the south west end of Ibbotson Street. This would not only simplify the roundabout on Watsonia Road and pedestrian access along the street, but would also provide the opportunity to create of a temporary town square in the area between the church and the library. Council can now begin further investigations and consultation with the local residents on this idea, so that the opportunity can be explored in the 2016/17 budget for a transport planning and road remodelling project.

    CONCLUSION

    Council has started acting on the ideas given in Picture Watsonia: A Vision for Watsonia Village. Recent correspondence with local residents has shown that there is a lot of support for the work being done, and enthusiasm for what could be achieved in the future.

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    Council should continue to consider the local residents suggestions so that improvements can continue to be made in Watsonia Village. This could include further exploring the possibility of trialling the temporary closure of the south end of Ibbottson Street to provide a public park, in consultation with the local residents.

    ATTACHMENTS

    No. Title Page

    1 'A Snaphot of Picture Watsonia' and Cover Letter 114

    2 Summary of Feedback and Council's Response 122

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    4.3 PLANNING PERMIT APPLICATION FOR AN ADDITIONAL 15 ELECTRONIC GAMING MACHINES AND ASSOCIATED BUIDLING AND WORKS AT MONTMORENCY ELTHAM RSL (P1143/2014)

    Author: Chris McInnes - Development Planner, City Development

    Ward: Hawdon

    File: P1143/2014

    Previous Items Council on 11 May 2015 (Item 4.5 - Planning Permit Application for an additional 15

    Electronic Gaming Machines and associated buidlings and works at Montmorency Eltham RSL (P1143/2014))

    Council on 10 November 2014 (Item 2.1 - Montmorency-Eltham RSL Electronic Gaming Machine increase proposal: Council response to the Victorian Commission for Gaming and Liquor Regulation (VCGLR))

    Council on 6 May 2013 (Item 5.1 - Montmorency-Eltham RSL - Electronic Gaming Machines)

    EXECUTIVE SUMMARY

    A Planning Permit application has been lodged to allow the placement of an additional 15 Electronic Gaming Machines to the Montmorency-Eltham RSL, associated building and works to create space for these additional machines, as well as new office and administration areas and other internal reconfiguration and renovation works. The increase in floor area also necessitated that this application is also for a the provision of car parking to the satisfaction of Council, with an additional two car parking spaces which are proposed to be provided following reconfiguration of three existing parallel car parking spaces opposite the premises. Council has been made aware of the applicants intention to apply for an increase in the number of permitted Electronic Gaming Machines on the site since 2013, and the lodgement of this planning application follows approval for this increase from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) on 23 December 2014. As Council owns the land upon which the premises are located, any variation to the number of Electronic Gaming Machines permitted on the premises would also require a variation to the Council lease to the RSL. Issues requiring consideration include the appropriateness of placing additional Electronic Gaming Machines at the premises, the impact of the proposed building and works, and any parking and traffic issues that could arise as a result of the proposal. Approval is recommended.

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    RECOMMENDATION

    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. P1143/2014 for the development of the land for the construction of a ground and upper floor extension to an existing restricted place of assembly, extension of an existing licensed liquor area, installation and use of an additional fifteen (15) electronic gaming machines and provision of car parking to the satisfaction of the Responsible Authority pursuant to Clauses 36.02, 52.06, 52.27 and 52.28 of the Banyule Planning Scheme at 12-24 Mountain View Road MONTMORENCY subject to the following conditions:

    Plans 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 advertised plans submitted with the application but modified to show:

    (a) Landscaping as required by Condition 2 of this permit;

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

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

    (d) 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 to the satisfaction of the Responsible Authority; and

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

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

    (b) Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

    (c) A plan notation indicating that no building works or facilities are to be

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    provided within the dedicated landscape areas;

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

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

    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

    4. The use or development permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

    5. Noise emissions from any equipment required for refrigeration, air-conditioning,

    heating, ventilation and the like must comply with State environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 and/or Environment Protection (Residential Noise) Regulations 1997 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

    Urban Design / External Appearance 6. All external materials, finishes and paint colours are to be to the satisfaction of

    the Responsible Authority. Tree Protection / Landscaping 7. 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.

    Time Limits 8. 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;

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    (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) Expiry of Permit In the event that this permit expires or the subject land is proposed to be used

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

    (B) Building Permit Required Building Permit must be obtained prior to the commencement of any works

    associated with the proposed development.

    (C) Building over Easements No structure shall be built over any easement on the subject land except with

    the consent of the relevant Responsible Authority.

    (D) Memorandum of Consent for Works Councils 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 (E) 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

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    inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Councils Construction Department on 9490 4222; and

    PART B That Council agrees 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 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.

    Planning Permit Application:

    P1143/2014

    Development Planner: Chris McInnes

    Address: 12-24 Mountain View Road MONTMORENCY

    Proposal: Development of the land for the construction of a ground and upper floor extension to an existing restricted place of assembly, extension of an existing licensed liquor area, installation and use of an additional fifteen (15) electronic gaming machines and provision of car parking to the satisfaction of the Responsible Authority pursuant to Clauses 36.02, 52.06, 52.27 and 52.28 of the Banyule Planning Scheme

    Existing Use/Development:

    Restricted place of assembly

    Applicant: NBA Group Pty Ltd

    Zoning: Public Park and Recreation Zone (PPRZ)

    Overlays: Design and Development Overlay, Schedule 8 (DDO8)

    Environmental Significance Overlay, Schedule 4 (ESO4)

    Vegetation Protection Overlay, Schedule 1 (VPO1)

    Notification (Advertising): Public notification of the proposal carried out by way of:

    The mailing of notices to adjoining property owners and occupiers;

    The placement of notice boards at all entrances to the site as well as at the entrance to the premises for a 3 weeks period; and

    The placement of a public notice in the Diamond Valley Leader on 11 March 2015.

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    Objections Received: Four (4) objections received

    Ward: Hawdon

    PROPOSAL

    It is proposed to install an additional fifteen (15) Electronic Gaming Machines (EGMs) into an existing gaming area within the Montmorency-Eltham RSL, which is located within the ground of Petrie Park on Mountain View Road, Montmorency. The building is located on land leased to the RSL by Council. There are currently 35 EGMs on the premises, with this application proposing the installation of an additional 15 machines, bringing the total number of EGMs up to 50.

    In order to create space for the additional EGMs it is also proposed to extend the existing building on both the ground and upper level, however the outward components of the extension works would be minor and would encroach only into existing garden areas in the vicinity of the north-west corner of the building. A new 77 square metre upper level balcony area is proposed, which would face north east into Petrie Park, extending from above the entrance to the ground floor to the north-west corner of the building. The external works will result in an overall floor area expansion of 67.5 square metres. Internal works will comprise of a new internal staircase, relocated office and administrative areas, the expanded gaming area, as well as other minor internal reconfiguration and renovation works. These works in turn mean that it is necessary to extend the licensed liquor and gaming areas, otherwise known as the red line and green line areas.

    It is also proposed to provide five new formed 45 parking bays opposite the premises by reconfiguring the existing informal parallel parking bays opposite the entrance to the building on the other side of the main driveway into Petrie Park. The reconfiguration would involve the installation of a new retaining wall and result in a loss of park area of approximately 38 square metres on a sloping section of the park. These new parking spaces would be available to all park users, and not just to patrons of the RSL. Despite the creation of these new parking spaces, the increase in usable floor area as part of this proposal still requires Council to consider car parking requirements pursuant to Clause 52.06 of the Banyule Planning Scheme.

    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.

    BACKGROUND/HISTORY

    The building was originally constructed by the former Montmorency RSL Sub-Branch Inc. in the 1960s and has been renovated and extended on a number of occasions since that time. The building has a floor area of approximately 445 square metres in total, which includes a gaming area, bistro, offices, kitchen and amenities. Montmorency-Eltham RSL is an approved gaming venue with a total of 35 machines within the restricted gaming area. A Full Club Liquor Licence is in place.

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    During the past few years, a number of smaller RSL clubs in Victoria have been experiencing financial hardship, resulting in some closures and mergers. The former Eltham RSL, which was located in the neighbouring municipality of Nillumbik, closed in 2010, resulting in a majority of the members transferring to Montmorency, along with a number of associated sporting clubs, and the re-naming of the Montmorency club to reflect this change. The Heidelberg RSL closed in January 2013, and this club had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of these machines, subject to the approval sought from the VCGLR and Council. The RSL building is located on Council-owned land. A ground lease has been in place for many years, firstly with the former Shire of Eltham and with Council. A new ten year lease was signed between Council and the Montmorency-Eltham RSL in 2014. Any changes to the number of EGMs being operated by the Club will require a variation to the lease agreement to be made. Council has been aware of the RSLs intentions to increase the number of EGMs and undertake renovation works since mid-2013. Several meetings have occurred where the RSL was advised that Council required a Social Economic Impact Assessment to understand the specifics of their plans, and thus make an informed decision regarding whether their proposals provide a net community benefit. On 6 May 2013 Council considered a report and resolved as follows:

    Council advise the Montmorency-Eltham RSL that the proposal for increased gaming machines will be considered having regard to the Council policy and the detailed submissions prepared by the RSL and any community feedback before a final Council position is reached.

    As a planning permit is also required for both the renovations and the increase in EGMs, the RSL was advised to conduct a Social and Economic Impact Assessment and lodge a planning permit application to enable the detailed assessment of their application to occur together with community consultation. However, rather than lodging the planning application for their renovation and the Social Economic Impact Assessment to Council, the Montmorency-Eltham RSL instead lodged an application to the VCGLR, which triggered a very short timeframe in which Council had to respond. As a result, on 11 November 2014 Council resolved to endorse a submission to the Victorian Commission for Gaming and Liquor raising initial concern with the additional gaming machines and also resolving as follows:

    1. Note the continuing nature of the planning permit application for the renovation and EGM increase and that this process will be used to clarify and confirm Councils position regarding the proposed renovation and EGM increase; and 2. Further note the continuing nature of the Master Plan being developed for Petrie Park and Rattray Reserve.

    The written submission was subsequently submitted to the VCGLR, and Council Officers attended the subsequent hearing on 2 December 2014. A decision was handed down by the VCGLR on 23 December 2014 that the application be granted.

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    A report assessing the current planning permit application was then submitted to Council on 11 May 2015 but was subsequently deferred to ensure that further consideration of the social impacts of the proposal and Councils position as the land owner is included within this report.

    Councils role in considering the proposal

    There are a number of approvals that the RSL must obtain before any additional EGMs can be installed. Approval is required from the VCGLR and although the VCGLR approval has now been obtained, a separate assessment of the current planning permit application having regard to the relevant planning controls must be undertaken. In this regard, Council is acting as the Responsible Authority and may form a different view to that taken by the VCGLR. Any decision made by Council on the planning permit application is potentially subject to an appeal at the Victorian Civil and Administrative Tribunal (VCAT). VCAT could form a different view on the proposal to Council. However, Council is also the owner of the land and has the ability to form a view on whether the lease to the RSL should be amended to allow the additional EGMs. In effect, Council has the final say on whether the proposal to allow the additional EGMs proceeds. Whilst Council must form a view on the planning application having regard to the relevant planning controls it is not bound by the same controls when considering the amendment to the lease. In other words, Council may approve the planning permit application but place a higher threshold on social issues beyond the planning scheme and refuse to amend the lease to allow the additional EGMs. Given that this report now includes a wider review of the social issues it is reasonable to indicate to the RSL now whether Council is likely to support amendments to the lease in addition to the decision on the planning application.

    Overview of Gambling in Banyule

    There are currently 11 venues operating a total of 651 EGMs within Banyule. In 2011/12 nearly $58 million was lost on EGMs by the community in Banyule. This equates to $581 for every adult in Banyule, which is close to the Victorian average. The Montmorency-Eltham RSL currently operates 35 of these EGMs and takes more than $1.4 million per year from the community. The current proposal is based on the RSLs view that they require more than $2 million losses per year from the community to assist in their operations. The Heidelberg RSL closed in January 2013, and had previously operated 25 EGMs. In March 2013 the Montmorency-Eltham RSL committee agreed to secure the entitlements for 15 of the 25 EGMs held by the Heidelberg RSL (subject to the approval sought from the VCGLR and Council). Whilst the Montmorency proposal represents an overall decrease in the municipality of 10 machines (i.e. only 15 of the 25 Heidelberg RSL EGMs) it will be an increase of 15 within Montmorency. In addition, it is noted that the EGMs at Montmorency take a higher loss from the community per machine than the EGMs at Heidelberg. Heidelbergs 25 machines resulted in losses of $353,563 for the year (an average of $14,143 per machine). The Montmorency-Eltham RSL estimates once installed in their premises, these 15 EGMs will generate $43,577 per machine. Thus the additional 15 EGMs will generate $653,655, taking the total losses from the community to more than $2 million per year at the Montmorency-Eltham RSL.

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    HUMAN RIGHTS CHARTER

    In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does raise issues relating to the Charter, specifically the right to protection of families and children. This right includes matters which impact and affect the welfare of children within the family, and there has been much debate and research into the effects of EGMs and gambling on the welfare of families and children. The consideration is particularly relevant to Councils role as the land owner which is in addition to the role as Responsible Planning Authority.

    SUBJECT SITE AND SURROUNDING AREA

    The Montmorency-Eltham RSL operates from a building centrally located on the Council-owned land known as Petrie Park, located at 12-28 Mountain View Road Montmorency, and identified on the locality plan in Figure 1 below. In addition to the Club, there are a number of other buildings and uses contained within the Park including a Community Hall, Scout Hall, Pidgeon Club, Bowls Club, playground equipment and a sporting oval. There are 146 car spaces within the park, of which 133 (91%) are unrestricted.

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    Figure 1 Locality Plan showing the location of the Montmorency-Eltham RSL building

    PLANNING CONTROLS

    The planning controls applicable to the site are outlined in Table 1 below: Table 1: Applicable Planning Controls

    Control Clause Permit Triggered

    Public Park and Recreation Zone 36.02 Yes

    Environmental Significance Overlay Schedule 4 42.01 No Vegetation Protection Overlay Schedule 1 42.02 No Design and Development Overlay Schedule 8 43.02 No Car Parking 52.06 Yes

    Licensed Premises 52.27 Yes

    Gaming 52.28 Yes

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    POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy

    Policy Clause

    State Policy Planning Framework

    Settlement 11

    Built Environment and Heritage (including sub clauses) 15

    Economic Development 17

    Transport 18

    Infrastructure 19

    Local Planning Policy Framework

    Land Use 21.04

    Built Environment 21.06

    Safer Design Policy 22.03

    Banyule Electronic Gaming Machine Policy June 2014 Council adopted its amended Electronic Gaming Machine Policy in June 2014. It was developed in consultation with a range of stakeholders including service providers, law enforcement agencies and members of the community. The Policy adopts a public health approach to gambling and is designed to prevent and/or minimise potential harmful social and economic impacts of gambling. Banyules Electronic Gaming Machine Policy 2014 includes a series of statements which explain the Councils position, expectations and opportunities to collaborate on matters associated with EGMs within and around the municipality. The Policy explains the importance and role of Social and Economic Impact Assessments (SEIA), makes clear Councils position around its various roles and commits support to the development of implementation guidelines, to help navigate the application process. The SEIA is a critical component to allow both the community and Council to properly understand and assess the expected harms and benefits to the local community from any proposed EGM increase. Approval should only be granted if net community benefits outweigh harm. The policy statements to guide Councils decision making include: 1. Responsible Management of EGM density and reducing gaming losses. 2. Supporting those affected by problem gambling. 3. Increased accountability and partnership in the management of the community

    support, benefit and trust funds and agreements. 4. Understanding the social and economic impacts of gaming. 5. Advocacy, advice and action. 6. Contract Management. A full copy of the policy is included as an attachment. Whilst the policy is aimed at guiding Councils decision making it has not yet undergone a process to include it within the Banyule Planning Scheme and therefore

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    is not a formal statutory document for consideration of the planning application. Nonetheless, it clearly outlines the Council approach to considering EGM proposals and is relevant in Councils role as the land owner when considering whether to amend the lease to allow the EGMs.

    PUBLIC NOTIFICATION

    The planning permit proposal was advertised by way of direct notices to surrounding properties and more widely within the locality by way of a public notice published in the Diamond Valley Leader on 11 March 2015. A total of four 4 signs were also placed on the site with one sign at each recognised entrance to Petrie Park, and one additional sign outside the entrance to the RSL club between 10 March 2014 and 1 April 2014. As a result of the notification process, four objections have been received (two of which were received outside of the formal public notification period). Grounds of objection include:

    Concern the proposal would cause an increase in the amount of waste generated and exacerbate existing amenity issues related to the odour of decomposing food waste emanating from the rubbish bins;

    Intoxicated persons leaving Petrie Park and then loitering in surrounding streets, causing damage to public and private property and making excessive noise;

    Possible increase in the demand for on-street parking along Mountain View Road, which would have a detrimental impact of local residents;

    Concern that additional car parking spaces will result in a loss of available public open space; and

    Additional EGMs may exuberate issues surrounding problem gambling, as well as result in lost income for local businesses.

    CONSULTATION

    A public drop-in style information session was held on the RSL premises on the evening of 24 March 2014 so as to allow for local residents to discuss the proposal with the permit applicant and Council Officers. The Ward Councillor was also in attendance at this session. This session was attended by one member of the public, seeking further information and viewing the plans. A consultation meeting was held between the initial two objectors to the application, representatives from the RSL and Council Officers on 21 April 2015, where objectors were given an opportunity to discuss their concerns. The primary concerns raised appear to be longstanding management issues with the RSL and will require further discussions in the future between residents and the RSL. The additional two objections were received after the consultation meeting and as such the objectors were not involved in the meeting.

    REFERRAL COMMENTS

    Councils Engineering Services section has reviewed the proposed development and is satisfied that it would result in an acceptable outcome from both a traffic and car parking perspective.

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    Councils Leisure and Culture Section and Social Planning Unit were also notified of the proposal. Leisure and Culture are currently in the midst of preparing a Master Plan for Petrie Park, with a separate consultation process occurring at the same time this planning assessment was being carried out. Concerns have been raised by the Social Planning Unit in regard to the social impact of the proposed additional EGMs as outlined in the report to Council dated 10 November 2014 and subsequent submission to the VCGLR. Some of the initial concerns were addressed during the VCGLR hearing although there is still uncertainty that the full range of benefits offered by the RSL will in fact outweigh community harm. The social impact issues are discussed later in this report and an attachment prepared by the Social Planning Team discussing the harms and benefits of the proposal.

    TECHNICAL CONSIDERATION

    STATE AND LOCAL PLANNING POLICY FRAMEWORKS (SPPF & LPPF) The proposal is considered to be generally consistent with the relevant provisions of the State and Local Planning Policy Framework. The proposal will have a positive impact on the immediate surrounds through the modernisation of the RSL facility, will not result in the loss of any trees and will result in only a minimal loss of public open space, offset by the provision of some extra car parking spaces. A new balcony component on the RSL building will assist with passive surveillance of the rest of Petrie Park during the evening hours. Extra revenue generated by the additional EGMs will lead to additional community benefits and the possibility of additional employment. However, consideration also needs to be given to the negative aspects of allowing for additional EGMs accessible by the local community, including the possibility that the placement of these additional machines could encourage patrons to gamble to excess or contribute to gambling addictions. It is suggested that the money spent by patrons using the machines could be spent elsewhere in the local economy. The applicant justifies the additional machines partly by the fact that recent closures of two other RSL clubs in the local area has resulted in the removal EGMs within the community, and even when the 15 additional machines which are proposed by this application are taken into account, there has still been a net loss in the number of machines locally available. Further detail about the State and Local Planning Policy Frameworks is included as Attachment 2 to this report. ADDITIONAL ELECTRONIC GAMING MACHINES The application seeks planning permission for the installation and use of an additional 15 Electronic Gaming Machines (EGMs) at the venue and will bring the total number of EGMs at the subject premises from 35 to 50. The applicant claims that the increase in the number of EGMs is necessary in order to make the club sustainable in terms of the total number of EGMs on the premises and taxation implications under the revised Victorian EGM system in operation since 2012. The applicant claims that the increase will ensure the future viability of the club, and in turn its ability to contribute to the local community. Pursuant to Clause 52.28-2 of the

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    Banyule Planning Scheme, a planning permit is required to install or use a gaming machine. The purpose of this Clause is stated as being:

    To ensure that gaming machines are situated in appropriate locations and premises.

    To ensure the social and economic impacts of the location of gaming machines are considered.

    To prohibit gaming machines in specified shopping complexes and strip shopping centres.

    The decision guidelines provided within this Clause are listed as being:

    The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

    The compatibility of the proposal with adjoining and nearby land uses.

    The capability of the site to accommodate the proposal

    Whether the gaming premises provides a full range of hotel facilities or services to patrons or a full range of club facilities or services to members and patrons

    The RSL club is long established in its current position, having been located within Petrie Park since the late 1960s. A limited number of EGMs were introduced to the club in the mid 1990s in line with the legalisation which legalised EGMs in Victoria at this time. Two of the purposes of the Public Park and Recreation Zone which the site is zoned are:

    T