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Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 27 April 2015 commencing at 7.45pm 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 13 April 2015 Disclosure of Interests Nil 1. Petitions 1.1 Petition for a Seat on Waterdale Road, Ivanhoe ..................................................... 3 1.2 Petition to build a skate park in Petrie Park, Montmorency ..................................... 5 REPORTS: 2. People Community Strengthening and Support Nil 3. Planet Environmental Sustainability Nil 4. Place Sustainable Amenity and Built Environment 4.1 Pedestrian Movements - Rosanna Railway Station ................................................. 7

Banyule City Council 27 April 2015 Ordinary Meeting Agenda Reports Only

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Page 1: Banyule City Council 27 April 2015 Ordinary Meeting Agenda Reports Only

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

27 April 2015 commencing at 7.45pm

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 13 April 2015

Disclosure of Interests Nil

1. Petitions

1.1 Petition for a Seat on Waterdale Road, Ivanhoe ..................................................... 3

1.2 Petition to build a skate park in Petrie Park, Montmorency ..................................... 5

REPORTS:

2. People – Community Strengthening and Support

Nil

3. Planet – Environmental Sustainability

Nil

4. Place – Sustainable Amenity and Built Environment

4.1 Pedestrian Movements - Rosanna Railway Station ................................................. 7

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AGENDA (Cont’d)

Ordinary Meeting of Council - 27 April 2015 Page 2

4.2 Ivanhoe Primary School - Parking Investigation .................................................... 13

4.3 One Flintoff Project - Progress Report .................................................................. 25

4.4 1 Flintoff Street, Greensborough - Proposed Council Offices - Planning Permit Application (No.P311/2015) ........................................................ 30

4.5 Proposed development of eight three storey dwellings at 27 Livingstone Street, Ivanhoe (P315/14) .................................................................. 45

5. Participation – Community Involvement in Community Life

5.1 Municipal Association of Victoria's Draft Strategic Work Plan 2015-16 ......................................................................................................................... 59

6. Performance - Use Our Resources Wisely

6.1 Debt Management Strategic Plan ......................................................................... 65

6.2 Items for Noting .................................................................................................... 67

6.3 Proposed Governance Local Law No.2 (2015) - Incorporating Meeting Procedures Code (2015) ......................................................................... 68

6.4 Assembly of Councillors ........................................................................................ 75

7. Sealing of Documents

Nil

8. Notices of Motion

Nil

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; AND matters affecting the security of Council property

11.2 Proposed developments

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

Closure of Meeting

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1.1

Petitions

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1.1 PETITION FOR A SEAT ON WATERDALE ROAD, IVANHOE

Author: Luke Sheers - Engineering Student, City Development

Ward: Griffin

File: F2015/57

EXECUTIVE SUMMARY A petition with 125 signatures has been received, requesting the provision of a seat near the entrance to Bryant Reserve Ivanhoe. The petition prayer is as follows:

“Residents of Waterdale Road and adjoining streets are seeking the provision of a seat near the entrance to Bryant Reserve Ivanhoe. The principal purpose of the seat is to assist those elderly residents, who are no longer able or permitted to drive, to rest during their walk to or from the Ivanhoe Shopping Centre.”

The provision of a seat is consistent with the Banyule City Plan 2012-2017 and the Ivanhoe Structure Plan and is supported.

RECOMMENDATION

That Council:

1. Receives and notes the petition. 2. Investigates and installs seating on the east side of Waterdale Road, in front of

Bryant Reserve, between Ailsa Grove and Lowe Street within current budget.

3. Informs the primary petitioner of this resolution.

DISCUSSION The petition requests the provision of seating in front of Bryant Reserve, adjacent to Waterdale Road, Ivanhoe, as shown in Figure 1. Currently there is no seating along Waterdale Road for the use of pedestrians walking to the Ivanhoe Shopping Centre. There are two seats located in Bryant Reserve; however these seats are not visible from Waterdale Road and require pedestrians to walk up a ramp. In line with Council’s City Plan 2012-1017 the provision of seating around the municipality is encouraged, in particular when considering Banyule’s ageing population. Similarly Council’s Ivanhoe Structure Plan outlines the need to provide better access and public amenity of open spaces with or linked to activity areas such as the Ivanhoe Shopping Centre. The cover letter of the petition (Attachment 1) identifies three options for the placement of seating:

A setback behind the footpath into the existing retaining wall along Bryant Reserve.

In the nature strip of Waterdale Road.

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In the grassed area behind the retaining wall.

Figure 1: Proposed Location of Seat

It is proposed that seating be installed on the east side of Waterdale Road, in front of Bryant Reserve, between Ailsa Grove and Lowe Street within current budget. The exact location of the seat will be in the nature strip in front of Bryant Reserve (as described in Attachment 1) subject to further investigation considering the cost, time and extent of works required.

CONCLUSION

Provision of seating to encourage better access and public amenity in open space is encouraged by both the Council City Plan 2012-2017 and the Ivanhoe Structure Plan. Hence it is recommended that this petition be received and noted by Council. Furthermore it is proposed that Council investigates and installs seating in Waterdale Road in front of Bryant Reserve within current budget.

ATTACHMENTS

No. Title Page

1 Petition Letter 82

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1.2

Petitions

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1.2 PETITION TO BUILD A SKATE PARK IN PETRIE PARK, MONTMORENCY

Author: Lucia Brennan - Recreation Planner, Community Programs

Ward: Hawdon

File: F20015/3

EXECUTIVE SUMMARY A petition with fifty-five (55) signatures has been received from residents of Banyule and surrounding municipalities. The petition prayer is as follows: We the undersigned request Banyule Council to build a Skate Park in Petrie Park Montmorency and include the Skate Park in the Petrie Park Master Plan.

RECOMMENDATION

1. That Council receives and notes the petition. 2. That the petition be considered as a submission for the Petrie Park/Rattray

Reserve Master Plan.

DISCUSSION

Council is currently undertaking a master plan of Petrie Park and Rattray Reserve, Montmorency. As part of the preliminary community consultation process, officers have sought community thoughts and ideas for the future of these reserves. A community drop-in session at Petrie Park was held on Saturday 21st March 2015 and it was at this session that the petition for a skate park was provided to the Ward Councillor for consideration as part of the Petrie Park/Rattray Reserve Master Plan. The suitability of a new skate park within Petrie Park will be explored through the master plan process. There are presently two skate parks within Banyule and these are located at Malahang Reserve in Heidelberg West and Kalparrin Gardens in Greensborough. There are no current plans in place for additional skate parks within Banyule.

ATTACHMENTS

Nil

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Place – Sustainable Amenity and Built Environment

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4.1 PEDESTRIAN MOVEMENTS - ROSANNA RAILWAY STATION

Author: Mardi Cuthbert - Project Engineer, City Development

Ward: Ibbott

File: F2014/57

EXECUTIVE SUMMARY

Concern has been expressed about the safety of pedestrians crossing Lower Plenty Road, Rosanna at the level crossing. Investigations have confirmed that pedestrians cross the road at several different locations, particularly while the level crossing barriers are down and traffic is stopped. The Lower Plenty Road level crossing is listed under the State Government Level Crossing Removal Project. Under the project, the crossing is one of 50 level crossings to be removed over the next eight years. Investigations have indicated that a number of pedestrians cross Lower Plenty Road between Ellesmere Parade and Turnham Avenue while the boom gates are down and traffic is stopped. Of most concern, are movements at Ellesmere Parade where there is a potential vehicle–pedestrian conflict point. Lower Plenty Road is an Arterial Road under the control and management of VicRoads. It is proposed that VicRoads be approached to consider suitable pedestrian safety improvements.

RECOMMENDATION

That Council: 1. Request VicRoads to investigate improvements to pedestrian facilities in the

vicinity of the Lower Plenty Road level crossing including signage and/or signalised pedestrian facilities at the intersection of Ellesmere Parade and Lower Plenty Road; and

2. Write to the Local State Member to highlight concerns for pedestrian safety in

this location, and requesting consideration of this issue in the prioritisation of the site under the Level Crossing Removal 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. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and promote safety and resilience in our community”.

BACKGROUND

Lower Plenty Road is an arterial road under the control and management of VicRoads. The railway crossing, located between Ellesmere Parade and Turnham Avenue services the Hurstbridge Railway Line. The intersections of Ellesmere Parade/Lower Plenty Road and Turnham Avenue/Lower Plenty Road are controlled by traffic signals coordinated with the railway crossing boom gates. A locality plan of the area is shown in Figure 1.

Figure 1: Lower Plenty Road Level Crossing The average annual daily traffic volume (AADT) in this section of Lower Plenty Road is in the order of 7,500 vehicles per day, according to VicRoads traffic volume data (July 2014). Safe pedestrian movements at this location are currently reinforced by automated gates at the railway crossing and signalised pedestrian crossings at Bellevue Avenue (80m west of the Railway Crossing) and at Turnham Avenue (50m east of the Railway Crossing), with pedestrian fencing along Lower Plenty Road designed to deter pedestrians from crossing Lower Plenty Road between Ellesmere Parade and Turnham Avenue. As part of the State Government’s Level Crossing Removal Project, Lower Plenty Road Rosanna had been listed as one of 50 level crossings to be removed over the next eight years.

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

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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.

CURRENT SITUATION

Public Transport Victoria (PTV) statistics recognise peak periods at Rosanna Station to be between 7.00 – 9.30am and 3.00 - 7.00pm. Several site investigations were conducted during these periods with the following pedestrian movements observed (Figure 2).

Figure 2: Observed Pedestrian Movements

A/B Pedestrians exiting Rosanna Railway Station northbound and crossing Lower Plenty Road to Ellesmere Parade while the rail crossing boom gates are down, and traffic is stopped.

C Pedestrians walking southbound from Ellesmere Parade crossing Lower Plenty Road, and walking through the rail crossing while the boom gates are down, and traffic is stopped, contravening the Victorian Road Rules.

D Pedestrians walking diagonally across the rail crossing while the boom gates

are down and traffic is stopped, contravening the Victorian Road Rules. E Pedestrians walking eastbound on Lower Plenty and walking through the rail

crossing while the boom gates are down and traffic is stopped, contravening the Victorian Road Rules.

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F Pedestrians crossing Lower Plenty Road east of the rail crossing while the boom gates are down and traffic is stopped.

Observed Movement

Highest number of pedestrians observed in 30 minute period

A 2

B 3

C 4

D 1

E 5

F 1

All pedestrian movements that were observed occurred where the boom gates were down, and traffic was stopped. Movement A, as shown in Figure 2 presented the only potential vehicle-pedestrian conflict point, as right turn movements from Ellesmere Parade to Lower Plenty Road are permitted while the level crossing boom gates are down. The most common movements were pedestrians crossing Lower Plenty Road directly east and west of the Railway Crossing. The existing fencing did not deter pedestrians from crossing Lower Plenty Road at this point.

TECHNICAL CONSIDERATION

Enforcement

Some of the movements observed are considered to contravene Victorian Road Rules. As such, they are enforceable by Victoria Police. Council could request the Police to enforce pedestrian safety in this area in peak periods. While this may be effective in the short-term, it would not be expected to significantly affect pedestrian behaviour in the long term. Signage

Recommend to VicRoads the installation of ‘Pedestrians Prohibited’ sign at each end of the pedestrian fencing locations in accordance with VicRoads Traffic Engineering Manual.

This sign would act as a deterrent to pedestrians crossing at the observed locations. It is enforceable under Victorian Road Rule 228, and prohibits pedestrians from passing onto the road at that point. In order for this signage to be effective, enforcement would be required by Victoria Police. As discussed above, this kind of enforcement is unlikely to affect pedestrian behaviour in the long term. Additional Fencing

Site observations indicate that a number of pedestrians divert around the pedestrian fencing at each side of the crossing. Additional fencing could be installed that extends between Beetham Parade and Turnham Avenue. Pedestrians travelling north from Lower Plenty Road to Ellesmere Parade would need to walk an additional 150m to the pedestrian signals west of Beetham Parade in order to cross Lower Plenty Road. However, the existing fencing has not deterred pedestrians from crossing Lower Plenty Road at each side of the railway crossing, and it is unlikely that additional

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fencing would deter these pedestrians. Indeed it may encourage less safe and/or illegal movements over the railway crossing (Movement D in Figure 2). The installation of pedestrian fencing could also reduce the sight distance at the intersections of Ellesmere Parade/Lower Plenty Road and Beetham Parade/Lower Plenty Road.

Signalisation

Consideration can be made for pedestrian facilities on the western side of the Railway Crossing, at Ellesmere Parade (as per Figure 3 below), in association with the existing partially-signalised intersection at Ellesmere Parade and Lower Plenty Road. This solution addresses the main observed pedestrian movements at each side of the crossing, and would encourage Movement E pedestrians to cross safely on the western side of the Railway Crossing before continuing east along Lower Plenty Road.

Figure 3: Possible Location for Signalised Pedestrian Facilities

Consideration can be made for pedestrian facilities on the eastern side of the Railway Crossing, west of Turnham Avenue – However, based on the grade of the road in this location, it would not be expected to meet Standard requirements for accessibility. Grade Separation

Under the State Government’s Level Crossing Removal Project, this crossing has been listed as one of 50 level crossings to be removed over the next eight years. Under a grade separation arrangement, consideration can be made for pedestrian facilities that completely eliminate any risk to pedestrians.

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CONCLUSION

Investigation into pedestrian movements at the Lower Plenty Road level crossing has indicated that a number of pedestrians cross Lower Plenty Road between Ellesmere Parade and Turnham Avenue while the boom gates are down and traffic is stopped. Of most concern, are movements at Ellesmere Parade (Movement A) where there is a potential vehicle–pedestrian conflict point. Lower Plenty Road is an arterial road under the control and management of VicRoads, as such, it is recommended that safety concerns be highlighted and measures be investigated by VicRoads to improve pedestrian safety at this location. A number of pedestrians were also observed to enter into the level crossing while the boom gates were in operation, contravening the Victorian Road Rules. As this level crossing is listed for removal under the Level Crossing Removal Project, it is recommended that Council contact the State Government expressing concern for pedestrian safety at this location and requesting consideration of this issue in the prioritisation of the site under the Level Crossing Removal Project.

ATTACHMENTS

Nil

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4.2

Place – Sustainable Amenity and Built Environment

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4.2 IVANHOE PRIMARY SCHOOL - PARKING INVESTIGATION

Author: Sanjev Sivananthanayagam - Transport Engineer, City Development

Ward: Olympia

File: F2015/128

Previous Items Council on 17 March 2014 (Item 8.6 - Ivanhoe Primary School - Traffic Concerns in

Ailsa Grove)

Council on 23 June 2014 (Item 4.1 - Ivanhoe Primary School - Parking and Traffic Investigation)

Council on 1 December 2014 (Item 4.4 - Ivanhoe Primary School - Parking and Traffic Issues)

Council on 16 February 2015 (Item 8.2 - Ivanhoe Primary School - On-Street Parking Review)

EXECUTIVE SUMMARY

At the Council meeting on 16 February 2015 Council resolved to review the impact of parking changes in the streets surrounding Ivanhoe Primary School. Consultations were undertaken with the Ivanhoe Primary School representatives, residents of Ailsa Grove, Lowe Street, Tate Street, Green Street and Ford Street. Ivanhoe Traders Association was also contacted for their views. This report considers whether the existing parking restrictions meet the needs of the area and whether further changes are required.

RECOMMENDATION

That Council: 1. Reinstate unrestricted parking on the south side of Ailsa Grove, Ivanhoe west of

Tate Street by removing the existing 2-hour parking restrictions. 2. Replace the ‘2-minute’ spaces on five spaces opposite to No.12 to No.14 in Tate

Street, Ivanhoe with ‘1/4P’ (7am-9am and 3pm-6pm, school days). 3. Replace the 2-hour parking restriction on the south side of Lowe Street, Ivanhoe

with 1-hour parking and install weekend ‘Permit Zone’ restrictions. 4. Install 2-hour parking restrictions (9am – 6pm, Mon – Fri) on Green Street,

Ivanhoe between Waterdale Road and Dudley Street in a staggered formation, as proposed to residents.

5. Note that no additional parking restrictions are warranted in Ford Street, Ivanhoe

at this stage. However Council’s Local Laws department will maintain enforcement in Ford Street at the Waterdale Road intersection for safety reasons.

6. Inform Ivanhoe Primary School and previously consulted residents of the above.

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OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and promote safety and resilience in our community”.

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.

BACKGROUND

Council at its meeting on 16 February 2015 considered a Notice of Motion in relation to parking changes implemented in the vicinity of Ivanhoe Primary School, particularly in Ailsa Grove. At the meeting, Council resolved:

“That

1. The recent changes to parking restrictions surrounding Ivanhoe Primary,

in particular Ailsa Grove be reviewed taking in to consideration the needs

of not only the residents of streets affected but the school including

parents and staff.

2. The review also takes into consideration the effects that the new parking

restrictions have had on nearby streets and car parks not included in part

of the original review.

3. Further consultation occurs with the local residents from Lowe, Tate,

Green and Ford Streets and Ailsa Grove and the Ivanhoe Traders

Association.

4. A report be prepared for Council in April.

5. Following receipt of a multi-signatory letter from residents of Ailsa Grove,

Ivanhoe, two hour parking restrictions '9am to 6pm, Monday to Friday' be

installed in the street.”

This report responds to the above resolution.

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INVESTIGATION AND DISCUSSION

A locality plan of the area is shown in Figure 1 below.

Figure 1: Ivanhoe Primary School and Surrounds Consistent with Council’s resolutions:

The parking operation and the impact of the changes to parking in the streets and car parks surrounding Ivanhoe Primary School were reviewed.

A meeting was held on the 12 March 2015 with the Ivanhoe Primary School Principal and School Council President to understand the needs of the staff and parents.

Residents of Ailsa Grove, Tate Street, Lowe Street, Green Street and Ford Street were consulted to ascertain their views. The Ivanhoe Traders Association was consulted in relation to the operation of the Ivanhoe Parade off-street car parks.

The current parking arrangements in streets surrounding Ivanhoe Primary School are shown in Figure 2 below.

Subject

Locations

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Figure 2: Existing Parking Restrictions

Ailsa Grove Prior to the installation of 2-hour parking restrictions in Ailsa Grove, residents’ main concern was the level of all day parking occurring in the street and the traffic congestion at school starting and finishing times. Congestion and queuing of traffic overflowing into Waterdale Road was also of concern to the school. Consistent with Council’s previous resolutions:

The ‘2-minute’ drop off and pick up spaces were relocated at the start of Term 1 to minimise queuing into Waterdale Road and restrict through access.

The 2-hour parking restrictions installed in Ailsa Grove at the start of Term 1, were amended to ‘9am to 6pm, Mon – Fri’.

Site Observations There are approximately 72 parking spaces along both sides of Ailsa Grove. A number of observations undertaken on various days and times indicate low levels of parking, with less than 20 vehicles parked in the street outside of the school starting and finishing times. At school finishing times the section of Ailsa Grove between Waterdale Road and Tate Street was completely occupied. However, the section west of Tate Street had a minimum of 13 spaces of the available spaces always vacant.

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A moderate number of accompanied school children were observed crossing at various points along the street to access vehicles parked on the north side of the street. The majority of school children on bicycles (generally via the Donaldson Creek Trail) were observed to cross the road along the school frontage to access the footpath on the north side. This is of concern as, when using the northern footpath, they have to cross the driveway opposite Tate Street which vehicles use to turn around. This was not a practice observed in previous investigations. Impact on School Staff and Parents At the 12 March 2015 meeting with the school representatives, the impact on staff of the installation of 2-hour parking was highlighted. Their concerns relate to:

walking longer distances while carrying heavy musical instruments and books.

inconvenience by having to move the vehicles after the allowed 2-hour time limit given teachers are unable to leave their class rooms.

school children with accompanying adults cross Ailsa Grove at various points to access their vehicles.

The school suggested that the unrestricted parking be reinstated for at least half of the street. In addition to the above, it was suggested that Council consider the potential of providing a parking area for teachers in the section of Tate Street, north of Ailsa Grove. The School Council President indicated that parents support the proposal to reinstate a number of unrestricted parking spaces. Impact on Residents A consultation survey was sent to 23 Ailsa Grove residents to determine the impact of the parking changes and if they support retaining the current parking arrangements. Eleven responses were received (48% response rate). Six respondents (54%) indicated their preference to retain the existing 2-hour parking restrictions. Five respondents (46%) indicated they would prefer the removal of 2-hour parking restrictions. Residents supporting the existing 2-hour restrictions and other parking changes indicated:

the ability to find visitor parking throughout the day is improved.

the amenity in the street is improved.

the instances of driveways being blocked is reduced.

the queuing of traffic overflowing into Waterdale Road is eliminated. Residents supporting the removal of the 2-hour parking and reinstatement of the unrestricted parking indicated concerns including:

the need to frequently move vehicles.

traffic congestion at school finishing times is not reduced.

the loss of parking for school teachers.

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Four of the five residents, who support the reinstatement of unrestricted parking, live west of Tate Street. Five of the six residents who want to retain the current parking arrangement are located between Waterdale Road and Tate Street. Discussion As there are up to 52 spaces always available outside the school starting and finishing times and at least 13 parking spaces always available in the afternoon school finishing times, there is some spare capacity to accommodate some long term parking needs in the street. Therefore, it is considered appropriate to remove the 2-hour restrictions west of Tate Street on the south side of the street and reinstate unrestricted parking that can accommodate approximately 12 vehicles. Discussions have been held with the school representatives in relation to guiding the school children on bicycles to access the Donaldson Creek trail from the footpath on the south side, avoiding the need to cross the road and cross the driveway utilised to turn around. The accompanied school children crossing to access vehicles should be advised to cross at a preferred location. This could be supervised by the staff members on yard duty. This has been discussed with the school. As indicated in the previous Council report, providing vehicle parking in this area would compromise its use as a turn-around area for buses and is therefore not supported. Tate Street In November 2014 five ‘2-minute’ parking spaces were installed on Tate Street on the east side of the street, at the north end and ‘No Stopping’ restrictions were introduced in Tate Street at the intersection of Livingstone Street. The parking spaces on the west side of the street were also delineated. Site Observations The ‘2-minute’ drop off and pick up spaces were not operating effectively in the afternoon school finishing times. A few parents were observed to park, however they left their vehicles for more than the two minutes. The ‘No Stopping’ restriction installed in the vicinity of the Livingstone Street intersection was keeping the intersection clear. Impact on School Staff and Parents The school representatives indicated that the ‘2-mintue’ drop off and pick up spaces are not being used as the Tate Street gate is closed during school starting and finishing times. It was suggested that the ‘2-minute’ restrictions be changed to ‘1/4P’ restrictions to provide sufficient time for parents to drop off and pick up their children from the ‘after hour care’ building. Impact on Residents

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A survey was sent to 23 Tate Street residents to determine the level of support for the replacement of ‘2-minute’ restrictions with ‘1/4P’ parking restrictions. Three responses were received from the residents (13% response rate). Two respondents indicated their support to change the ‘2-minute’ spaces to ‘1/4P’ (7am-9am and 3pm-6pm, school days). One respondent indicated that they would like to retain the existing parking arrangement. Comments from the residents were supportive of the changes implemented and highlight:

the safety improvements at the intersection of Livingstone Street; and

the organised parking which is occurring in the street. Discussion The 13% survey response rate is low. Notwithstanding, the improvement to the effectiveness of the drop off and pick up zone requested by the school will not impact residents as the proposed change in parking restrictions are across the school frontage. It is considered appropriate to replace the existing ‘2-minute’ restrictions on five parking spaces with ‘1/4P’ restrictions (7am-9am and 3pm-6pm, school days) to improve the effectiveness of these spaces.

Lowe Street To assist in the safe emptying of the school’s garbage bin, ‘No Stopping’ restrictions (Thursday 6am – 8am) were installed on the north side of Lowe Street between the cul-de-sac and the permanent ‘No Stopping’ restrictions at the bend. The ‘No Stopping’ restriction on the north side of the street at the bend was also extended in November 2014 to improve visibility. Two other resolutions from the 1 December 2014 Council meeting; the conversion of ‘2-hour’ parking restriction on the south side to 1-hour parking and the installation of ‘Permit Zone’ for the weekend, were subject to community consultation have not been implemented. Community consultation for these was undertaken in February 2015 and the results are discussed below. Site Observations There are instances when Lowe Street is used for dropping off and picking up students. The school and Council continue to discourage this practice. The extension of the ‘No Stopping’ restrictions around the bend has improved sight lines for pedestrians crossing the road and visibility around the bend. Impact on School Staff and Parents The school representatives were supportive of the extension of the ‘No Stopping’ restrictions around the bend, as it has improved sight visibility for pedestrians crossing the road and the visibility around the bend. Similarly, there were no concerns raised in relation to waste collection as the installation of parking restrictions improved access for the waste collection vehicle. The school representatives had no objection to the further changes proposed.

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Impact on Residents A survey was sent to seven residents in Lowe Street to determine the level of support for the conversion of 2-hour parking restriction on the south side to 1-hour parking and the installation of a weekend ‘Permit Zone’. Six responses were received (86% response rate). Four respondents (67%) indicated support for the proposals. Two respondents (33%) did not choose either of the options provided. Generally, comments from the residents were supportive of the changes implemented and the changes proposed. Two of the respondents suggested that Council consider installing ‘1/2P’ parking restrictions on the north side of the street with ticket machines and considered issuing permits to Waterdale Road apartments to be able to park in the Ivanhoe Parade car parks. One resident raised concern about the ‘No Stopping, Thursday, 6am – 8am’ restrictions, as there is competition for parking on the street on Wednesday nights. Enforcement of the restriction was raised as a concern. Discussion As the majority of the residents support the conversion of 2-hour parking restriction on the south side to 1-hour parking and the installation of ‘Permit Zone’ for the weekend, these restrictions are proposed to be installed. ‘1-hour’ parking restrictions will increase opportunities for residents to find parking in the street during school operating hours. The weekend ‘Permit Zone’ parking restrictions will provide increased parking opportunities for residents and their visitors. Issuing parking permits for residents to park in public car parks is not supported in Council’s Residential Parking Permit Policy. As such, issuing parking permits to residents of the Waterdale Road units to park in the Ivanhoe Parade car parks is not supported. Further, as there are no overnight parking restrictions in the Ivanhoe Parade car parks, residents from Waterdale Road apartments could use the car park overnight. A parking plan is proposed to be developed for the Ivanhoe Activity Centre in the 2015/16 financial year. This will consider all aspects of parking management in an around the Activity Centre. Green Street Following concerns raised by the Ivanhoe Traders Association in relation to commuter and other long term parking occurring in the Ivanhoe Parade car parks, ‘4-hour’ parking restrictions were installed in mid-January to provide customers and visitors with more short term parking opportunities. Some concern has been expressed that this has caused a shift in long term parking to Green Street causing restricted access of through traffic (less than 3m gap if vehicles are parking on both sides of the street) and property driveways. ‘2-hour’ time restricted parking (9am – 6pm, Mon – Fri) is proposed in Green Street in a staggered

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formation (i.e. alternating) between Waterdale Road and Dudley Street to provide safe passing opportunities. Site Observations Parking occurs on both sides of Green Street between Waterdale Road and the Donaldson Creek Trail. Some scattered parking occurs between the Donaldson Creek Trail and Dudley Street. At the times of observation, up to 32 vehicles (74% occupancy level) and at least 23 vehicles (53% occupancy level) were parked in the street. As vehicles park on both sides of the street for a reasonably long distance, vehicles approaching from both directions had to give way to allow the other vehicle to pass. Reversing out of driveways is more difficult when vehicles are parked adjacent to and opposite driveways. There are several units in the street; parking is considered to be residential as well as employee related. Observations undertaken during the school holidays indicate that parking levels in the street are similar to that during the school term, with 24 to 30 parked vehicles observed. Impact on Residents A survey was sent to 78 residents in Green Street (Waterdale Road to Dudley Street) to determine the level of support for the introduction of 2-hour parking restrictions alternating between both sides of the street. A total of 39 responses were received (50% response rate), with 21 responses (57%) indicating support for the proposal, and 16 respondents (43%) wanting to retain unrestricted arrangements. Comments from residents supportive of the 2-hour restrictions highlight:

restricted through access.

restricted access to property driveways.

inability to find parking in the street for visitors.

road safety concerns when driving along the street.

Comments which are not supportive of the 2-hour restrictions highlight:

the need for long term parking in the street.

the need to pay for the parking permits.

the possible increase in speed.

There were also requests to mark parking spaces to prevent vehicles parking over driveways and to have 2-hour restrictions on both sides of the street. Discussion As the majority of respondents (57%) supported the installation of 2-hour parking restrictions, these restrictions are proposed to be installed. These parking restrictions would improve through access by providing 3m gap for through traffic and improving access to property driveways.

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Marked parking bays are not supported at this stage. The proposed improvements should provide for the various parking demands in the street, as such the provision of parking restrictions on both sides for the entire length is not considered appropriate. Ford Street A preliminary community consultation survey was undertaken to determine if residents had any concerns with parking in Ford Street and if short term parking restrictions would be supported. Site Observations A total of 19 vehicles were observed parked in the Ford Street between Waterdale Road and the Donaldson Creek Trail. There were at least 13 vehicles observed parked in the street on two occasions. The parking was observed to be scattered and caused no concerns in the street. Impact on Residents A survey was sent to 54 residents in Ford Street (Waterdale Road to No.57) to determine the level of support for the introduction of parking restrictions. A total of 25 responses were received (46% response rate), with 23 responses (92%) not supporting any parking restrictions, and two respondents (8%) supporting short term parking restrictions. There were suggestions that residents would benefit from ‘No Stopping’ restrictions on both sides of Ford Street at the intersection of Waterdale Road. Residents were of the view that non-resident related parking was occurring in the Waterdale Road end, but it was not a concern. Discussion Parking in Ford Street is not causing residents major concern and restrictions are not considered to be warranted at this stage. The concern in relation to vehicles parking in Ford Street at the Waterdale Road intersection will be monitored and enforced. Ivanhoe Parade Car Parks Ivanhoe Traders As indicated previously, Ivanhoe Traders Association requested the installation of 4-hour parking in the Ivanhoe Parade car parks, following concerns of commuter and other long term parking. They have indicated that there are no concerns with the operation of 4-hour parking restrictions. Site Observations Parking is available in these car parks for visitors to the Ivanhoe Shopping Precinct at most times. On the five occasions the car parks were observed, only once it was observed to be fully occupied. The average occupancy rate was 74%. Some parents were observed to park in the car parks and access the Ivanhoe Primary School via the pedestrian operated signals on Waterdale Road.

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Discussion The introduction of 4-hour parking restrictions in the car parks has increased vehicle turnover and provided better parking opportunities for visitors to the centre. This change is consistent with Council’s Activity Centre Car Parking Policy. The introduction of 4-hour parking has also improved the opportunity for parents of the school children finding parking in the car parks. No changes to parking are proposed in the Ivanhoe Parade car parks.

CONCLUSION

Following Council’s resolutions at its meeting on 16 February 2015, the operation and the impact of the changes to parking restrictions were reviewed for the streets surrounding Ivanhoe Primary School. A meeting was held with the Principal and the School Council President of the Ivanhoe Primary School, to ascertain the views of school staff and the parents. Residents of Ailsa Grove, Tate Street, Lowe Street, Green Street and Ford Street were consulted to ascertain their views in relation to parking. The Ivanhoe Traders Association was consulted in relation to the operation of the Ivanhoe Parade car parks. Following thorough investigation the following changes to on-street parking restrictions are recommended to be implemented:

The reinstatement of unrestricted parking on the south side of Ailsa Grove, Ivanhoe west of Tate Street by removing the existing 2-hour parking restrictions.

The replacement of ‘2-minute’ spaces on five spaces opposite to No.12 to No.14 in Tate Street, Ivanhoe with ‘1/4P’ (7am-9am and 3pm-6pm, school days).

The replacement of 2-hour parking restriction on the south side of Lowe Street, Ivanhoe with 1-hour parking and installation of weekend ‘Permit Zone’ restrictions.

The installation of 2-hour parking restriction on Green Street, Ivanhoe between Waterdale Road and Dudley Street, with time restrictions ‘9am – 6pm, Mon – Fri’ in a staggered formation, as proposed to residents.

No additional parking restrictions are warranted in Ford Street, Ivanhoe at this stage.

However Council’s Local Laws department will maintain enforcement in Ford Street

at the Waterdale Road intersection for safety reasons.

The proposed changes are shown in Figure 3 below.

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Figure 3: Proposed Parking Changes

There were no parking concerns identified along Ford Street and as such no changes to parking restrictions are proposed in the street at this time. The Ivanhoe Parade car parks were observed to operate appropriately and as such no further changes to parking are proposed.

ATTACHMENTS

Nil

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4.3 ONE FLINTOFF PROJECT - PROGRESS REPORT

Author: Kate Chapell - Coordinator Greensborough Office Project, Corporate

Services

Ward: Bakewell

File: F2015/302

EXECUTIVE SUMMARY

Council has been in the process of realising its vision for renewing Greensborough by creating a vibrant regional centre for commercial, residential and entertainment activity. The first stage of this revitalisation was the opening of Council’s major aquatic and leisure centre, WaterMarc, in September 2012. The relocation of Council staff into one location at Greensborough above WaterMarc is the next stage of the revitalisation. The key features of the project include:

Three levels of office space on top of WaterMarc which was purposely designed for office to be constructed on top of it.

Design to a minimum 5-star Green Star rating, making it a highly environmentally sustainable building.

Bringing Council staff together from three office locations - Ivanhoe, Rosanna and Greensborough.

One-stop customer service area with better facilities for planning, building, engineering and health enquiries.

Significant increase in community meeting rooms and facilities at the northern end of the municipality.

Compliance with the Disability Discrimination Act, making it completely accessible.

2,200 square metres of commercially let office space.

The colocation of staff from three sites into one modern purpose built office will increase productivity and save on operating costs.

It is anticipated that the shortlisted contractors will be invited to tender for the project in June 2015 with a decision required by Council in August 2015 to proceed subject to funding being approved in the 2015/16 Council budget. It would be expected that construction could start in September 2015 should funding have been confirmed. A Communications Plan is in place to ensure key stakeholders are informed of the project and the Greensborough Project Community Consultative Committee will meet regularly throughout the project to discuss the One Flintoff project.

RECOMMENDATION

That Council note the progress of the “One Flintoff” project.

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OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “strengthen local activity and employment areas”.

BACKGROUND

As part of the Greensborough Structure Plan, Council committed to 11 key principles, one of which was the development of a civic presence in Greensborough. The relocation of Council staff is consistent with Council’s long standing vision, with its genesis 10 years ago, to renew Greensborough by creating a vibrant regional centre for commercial, residential and entertainment activity, including a new civic office. Council opened its major aquatic and leisure centre, WaterMarc, in September 2012 as the first stage of this project. WaterMarc was designed and constructed to cater for three additional floors and a mezzanine car park in the basement of the existing building. Council staff members are currently located across three main offices at Rosanna, Greensborough and Ivanhoe. A three floor office building is proposed on top of WaterMarc to co-locate Council staff and provide commercial office lease opportunities. A mezzanine car park will also be built in the existing basement car park. As well as providing for the accommodation needs of Council staff, the development will also feature community/staff meeting rooms of various sizes, facilities and spaces for community functions, and councillor resource area. The proposed building includes:

Three levels of office space on top of WaterMarc which was purposely designed for office to be constructed on top of it.

Design to a minimum 5-star Green Star rating, making it a highly environmentally sustainable building.

Bringing Council staff together from three office locations - Ivanhoe, Rosanna and Greensborough.

One-stop customer service area with better facilities for planning, building, engineering and health enquiries.

Significant increase in community meeting rooms and facilities at the northern end of the municipality.

Compliance with the Disability Discrimination Act, making it completely accessible.

2,200 square metres of commercially let office space.

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The colocation of staff, from three sites into one modern purpose built office at Greensborough, will better reflect Council’s corporate community image, increase productivity and save on operating costs. Apart from contributing to revitalising Greensborough, this project brings many other benefits including:

Better facilities and access for the community, with more meeting rooms, a better customer service area, and increased accessibility.

Improved energy efficiency and a reduced carbon footprint.

Reduced duplication and more responsive and effective systems, such as information technology, telecommunications and records management.

Improved staff productivity and effectiveness because of collocation.

Elimination of travel times between three offices, reducing costs and increasing efficiency.

Important and ongoing income stream for Council and increased local job opportunities through commercially let office space within the building.

The opportunity to revitalise the Ivanhoe Civic Precinct.

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. The provision of modern, accessible civic facilities in the north of the municipality will enhance the community’s access to combined civic services with a presence and service centre remaining in the south.

CURRENT SITUATION

Council appointed Peddle Thorp Architects in February 2014. Concept Designs were completed in June 2014 and detailed design is nearing completion. Details of the design will be communicated to the community as part of the extensive communication plan and in consultation with many of the stakeholders in the Greensborough precinct. A planning permit application has been lodged and is being assessed by Council’s Development Planning Department on behalf of Council in its role as the Responsible Planning Authority. A separate report is being considered by Council in regard to the Planning Application. Expression of Interest (EOI) The EOI to shortlist a number of suitably experienced and qualified building construction contractors has closed and the evaluation panel are currently assessing submissions. A report to Council is expected to occur in May 2015 to confirm those contractors that will be invited to submit a detailed tender.

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Commercial Opportunities

The building design includes 2,200m2 of floor space that will be available for commercial leasing/rental income. Council Officers are developing a promotional program to develop interest in the Level 2 floor space and to determine the number of tenancies that may be required to deliver the best value for Banyule. Once a tenant is identified the necessary planning permits to enable the use to commence will be submitted.

Timeframe for construction It is anticipated that the shortlisted contractors will be invited to tender for the project in June 2015 with a decision required by Council in August 2015 to proceed subject to funding being approved in the 2015/16 Council budget. It would be expected that construction could start in September 2015 with the timeframe for completion established after assessing the tenders.

FUNDING IMPLICATIONS

The funding for this facility has been factored into Council’s Strategic Budget and included in the draft Budget 2015/2016. Council will determine on the final costs of the project at the completion of the tender process and as part of Budget considerations for 2015/16 and 2016/17.

CONSULTATION & COMMUNICATION

A Communications Plan is in place to ensure key stakeholders:

Are informed about all stages of the One Flintoff project

Are aware of its significance and benefits

Embrace and support the development With the Expression of Interest having been advertised, priority at this point is to communicate key construction timelines, Council’s intention to minimise disruption to local businesses and residents during this period, and the significant benefits this redevelopment will produce. The Greensborough Project Community Consultative Committee, an integral part of the communication strategy for the successful WaterMarc project, will meet regularly to discuss the One Flintoff project. The committee is made up of Greensborough traders, local residents, interested groups and the local Member of Parliament.

CONCLUSION

Council has made significant progress in the design of One Flintoff and is currently evaluating expressions of interest in order to shortlist suitably experienced and qualified building construction contractors that will be invited to submit a detailed tender. Council will actively consult with many of the stakeholders in the Greensborough precinct and will communicate details to the community as part of the extensive communication plan.

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ATTACHMENTS

No. Title Page

1 One Flintoff April 2015 External Fact Sheet 85

2 One Flintoff April 2015 External Q&A 87

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4.4 1 FLINTOFF STREET, GREENSBOROUGH - PROPOSED COUNCIL OFFICES - PLANNING PERMIT APPLICATION (NO.P311/2015)

Author: Andrea Meagher - Development Planner, City Development

Ward: Bakewell

File: P311/2015

EXECUTIVE SUMMARY

The proposal seeks approval for the construction of a three storey addition above the existing WaterMarc building for the purpose of Council Offices and associated car parking. The proposed building extension is contemporary in nature, with the extent of works confined to the footprint of the existing WaterMarc building. The proposal achieves a high level of compliance with the provisions of the Banyule Planning Scheme, in particular the relevant Precinct Objectives and Guidelines. Approval is recommended, subject to conditions which will improve the parking provision and minimise impact on the Greensborough Activity Centre.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Planning Permit be issued in respect of Application No. P311/2015 for Construction of a three storey addition (above the existing WaterMarc Complex) and the use of proposed Levels 3 & 4 for the purpose of Council Offices at 1 Flintoff Street GREENSBOROUGH subject to the following conditions: Amended Plans (1) Before the development permitted by this permit starts, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but unless otherwise agreed by the Responsible Authority modified to show:

(a) Delete reference to ‘Office Tenancy’ on floor plans and elevation plans for Level 2;

(b) Fully dimensioned site plan for the entire site including the location of internal and external title boundaries;

(c) Provision of a total of 49 visitor bicycle parking spaces within close proximity to the entrance/s to the building;

(d) Fully dimensioned plans of the proposed carparking and accessways on the mezzanine level, including access to the mezzanine from the adjoining car park. The car spaces and accessway must comply with the requirements of the Clause 52.06.

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

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(f) 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;

(g) All sustainable design features indicated in the endorsed Sustainable Management Plan (SMP). Where sustainable design features outlined in the 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);

Landscaping Plans (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) Details of planting within the proposed terrace/balcony spaces including the proposed ‘green wall’;

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

(c) A schedule of all proposed shrubs (including the specific details of the green wall), 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;

(d) Location and details of paving, balcony design details and other landscape works.

(e) Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan and STORM report, with a reference of connection details to the engineering plans.

Management Plans ESD/ Sustainable Management Plan (3) Unless otherwise agreed in writing by the Responsible Authority, prior to

commencement of the development hereby approved, an updated ESD Plan for the proposed offices must be submitted to and approved to the satisfaction of the Responsible Authority. Such a plan must clearly outline the ESD measures, including the energy and water reduction achieved as well as the measures that will be adopted and incorporated into the development.

Car Parking Management Plan (4) Unless otherwise agreed in writing by the Responsible Authority, within six (6)

months of the date of this permit, a Car Park Management Plan must be prepared and approved to the satisfaction of the Responsible Authority. Such a plan must clearly identify:

(a) A mixture of short and long term parking;

(b) Designated staff parking areas;

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(c) Detail whether and how the various entrances to the multi-level car park will be locked and/or prevent after-hours access;

(d) Hours of operation and accessibility; General (5) 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.

(6) Unless otherwise agreed in writing by the Responsible Authority the use must not commence until the parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority.

Amenity (7) The 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.

(8) Goods, equipment, packaging material or machinery must not be stored or left

exposed outside a building so as to be visible from any public road or thoroughfare.

Urban Design / External Appearance (9) All external materials, finishes and paint colours are to be to the satisfaction of

the Responsible Authority. Car Parking / Access (10) 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.

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

(12) Advisory directional signage for motorists exiting the multi deck car park is required. Also, the lighting in the car park should comply with AS 2890.1:2004 Section 4.7.

(13) The circulation aisles should be line marked and signed advising motorists of vehicular directional flow and exits to the satisfaction of the Responsible Authority.

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(14) The internal ramp grades are to conform with AS 2090.1:2004 Section 2.5.3 and B5 to ensure that car scraping or bottoming out will not occur.

Disabled Access and Facilities (15) The building hereby permitted must be designed and constructed in

accordance with the relevant sections of Australian Standard 1428 ‘Design Rules for Access by the Disabled’ to the satisfaction of the Responsible Authority.

Rubbish Collection / Loading

(16) 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 without the written consent of the Responsible Authority and odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land.

(17) The area shown as loading bay/dock on the endorsed plan must be kept clear for such use at all times and shall not be used for parking of cars or any other purpose which is not shown on the endorsed plans.

(18) The loading and unloading of goods from vehicles and the delivery of goods must at all times be carried out within the boundaries of the subject land unless otherwise agreed in writing by the Responsible Authority.

Time Limits (19) In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies: The development is not commenced within two years of the date of this

permit; or

The development is not completed within five 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 along with payment of relevant fee before the permit expires, or within three months afterwards.

Permit Notes Expiry of Permit (A) 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.

Building Permit Required

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

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associated with the proposed development. No Signs Without Consent

(C) Except where no permit is required under the provisions of the Banyule Planning Scheme, no advertising signs may be constructed or displayed without a permit.

Hoardings, Traffic Management & Protection of Assets during Construction (D) Prior to the commencement of any works traffic management (including

hoarding for pedestrian access) and shoring plans are to be submitted to and approved by Council. This relates to areas along the boundaries of the property where protection of Council assets and public safety are paramount.

Supervision of works undertaken on Council Assets (E) Council’s Construction Department must supervise all works undertaken on

Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

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

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

Planning Permit Application: P311.2015

Development Planner: Andrea Meagher

Address: 1 Flintoff Street, Greensborough

Proposal: Construction of a three storey addition (above the existing WaterMarc Complex) and the use of proposed Levels 3 & 4 for the purpose of Council Offices.

Existing Use/Development: The WaterMarc Complex, consisting of a gymnasium, childcare, community facilities, indoor swimming pool and associated car parking.

Applicant: Banyule City Council

Zoning: Activity Centre Zone - Schedule 1

Overlays: Parking Overlay – Schedule 1

Notification (Advertising): No public notification was undertaken as the proposed use and development is exempt from notification (see detailed report).

Ward: Bakewell

The application includes (Refer Attachment 1 for Plans)

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1. Proposed Level 3 & 4 - Civic Offices

4,355 m2 of office space over two levels (Level 3 – 2271 m2 and Level 4 – 2084 m2) as well as landscaped outdoor terraces and balconies.

2. Proposed Level 2 - Unspecified Commercial Space

2,244 m2 of floor space is proposed. The use of the space has not been considered as part of this application. The future use of this space will be the subject of a separate future consideration and where necessary a permit application. Consideration of this space has been limited to the building and works component.

3. Ground Floor

A new entry treatment will be added to the WaterMarc foyer area creating a clearly identifiable pedestrian access point to the Council Offices. The entry to WaterMarc will be restricted to the current main entry point and a divider between the two uses provided at ground level.

4. Mezzanine Level - Car parking

Construction of a 2,578m2 mezzanine car park level between the existing basement car park and the ground level of the WaterMarc Complex. This mezzanine level will accommodate 61 additional car spaces and will be accessible from the adjacent multi-deck car park area.

New end-of-trip facilities accessible from the existing bike storage facility on the basement level. The end-of-trip facilities will include lockers, separate male and female shower and toilet facilities (including two accessible toilets) and a health clinic.

5. Elevations The overall height of the proposed building addition is 13.2m (excluding the proposed roof plant and solar panels) which will result in the total height of the building sitting 22.5m above ground level. The proposed finishes and materials for the building include a mix of louvred panels, spandrel glazing and feature glazing, external cement sheeting and stainless steel netting to support the proposed green wall.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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BACKGROUND/HISTORY

Greensborough has been recognised in a number of metropolitan plans as a key regional activity centre for a number of years. The former Diamond Valley Council developed strategic plans for the future role of Greensborough as an activity centre from the early 1970’s and throughout the 1980’s. It was designated a district centre in the early Melbourne metropolitan plans and underwent a significant retail expansion in 1980 with the opening of Greensborough Plaza Shopping Centre as a free standing retail centre on the west side of Main Street. Greensborough was one of 14 district centres in the 1981 MMBW Metropolitan Strategy Implementation Plan and a detailed district centre plan was subsequently prepared to guide future development. The key principles for district centres from the 1981 plan included support for cross orbital transport linkages and encouraging a diversity of land uses. The Greensborough District Centre Structure Plan was adopted by Diamond Valley Council in 1989 as a guiding document for future development. At this time the Council also pursued a series of strategic property purchases as they came onto the market to place the Council in a strong strategic position to influence development outcomes and achieve the objectives of the 1989 structure plan.

GREENSBOROUGH PRINCIPAL ACTIVITY CENTRE STRUCTURE PLAN (MARCH 2003)

A local structure planning process for Greensborough commenced in 2002 following a review of the aquatic facility needs in the region and shortly before the release of Melbourne 2030. The Greensborough Principal Activity Centre Local Structure Plan (GPACLSP) was adopted by Council in May 2003 following an extensive public consultation process with key stakeholders and the wider community. It was one of the first structure plans finalised following the release of Melbourne 2030 and with the designation of Greensborough as a Principal Activity Centre the principles of Melbourne 2030 have been incorporated into the plan. The GPAC LSP provides guidance for the future planning and development of Greensborough. It aims to establish a sustainable long-term role for Greensborough to capitalise on opportunities and improve its physical functioning. The LSP established 11 key strategic principles (or more accurately outcomes) which underpin the subsequent planning for the activity centre. The 11 key principles are:

1. Maximising environmental improvement

2. Maintaining a swimming pool

3. Better place management and governance for the Greensborough Principal Activity Centre

4. Ensuring superior urban design outcomes

5. Ensuring social equity and youth development

6. Maximising economic prosperity

7. A new focus on health and well-being

8. Ensuring a civic role and function for Greensborough Principal Activity Centre

9. Promoting a sustainable traffic and transport network

10. Maximising mobility and access for all

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11. Providing new residential opportunities

GREENSBOROUGH PRINCIPAL ACTIVITY CENTRE PLAN - “THE GREENBOOK” (OCTOBER

2006)

As Council embarked on the redevelopment of the former outdoor pool, a more detailed plan which was able to guide the outcomes was considered necessary. The Greensborough Principal Activity Centre Plan was developed and became known as “The Greenbook”. This plan embodied the Council vision and key principles of the 2003 local structure plan, whereby the revised key principles of the Greensborough Plan were updated as follows:

Sustainability

Innovative Urban Design

Diversity

Ease of movement and connectivity

A greener Greensborough

Public Realm

An integrated centre These principles are underpinned by a set of objectives and strategies which were included within the Municipal Strategic Statement.

GREENSBOROUGH FRAMEWORK PLAN (2007 AND 2013)

In February 2013 Amendment C82 was gazetted rezoning land in the ‘Greensborough Principal Activity Centre’ to Activity Centre Zone (ACZ) following the initial process to include a revised planning framework for the Activity Centre as part of Amendment C51 in 2007. These Amendments implemented the strategic directions and recommendations of The Greenbook. The re-zoning, amongst other things, was required to facilitate development and investment in the GPAC, provide opportunities for economic development and employment growth, respond to local housing demand, maximise the utilisation of State and local infrastructure and improve access and equity to social services. As part of the amendment a revised Schedule was inserted into the planning scheme, providing land use and development objectives for each of the six (6) precincts of the Greensborough Framework Plan. (see below)

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Precinct 3: (East Main Street) has been further divided into three distinct areas. The subject application fits within the area mark as 3B (refer below).

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PERMIT HISTORY Permit P569/08 A partnership process was entered into between Lend Lease and Council (Greensborough & Partners) whereby an application was lodged and consequently a Planning Permit P569/08 was issued on 6 October 2008 for buildings and works for the purpose of constructing a multi-level mixed use development (comprising commercial, leisure facilities and public spaces) and the alteration of access to a road in a Road Zone Category 1 over much of the entire East Main Street precinct on properties known as 3 - 19 Flintoff Street, 44 Grimshaw Street, 49 - 63, 66 - 74 and 106 - 126 Main Street, Greensborough. A report for this proposal was considered by Council on 6 October 2008. This application (known as the Greensborough Project) included not only the existing WaterMarc Complex but also a three storey office space (COLAB Office), retail, commercial, restaurants/cafes, extensive car parking, a detailed Town Square, Walk and pedestrian connections, as well as modifications to the surrounding road network at key intersections. The Greensborough Project did not proceed with Lend Lease and the permit has since lapsed. Permit P819/09

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As a result of Council deciding to pursue the development of WaterMarc and Greensborough Walk independent of Lend Lease, a revised proposal for the site was submitted on the 14 December 2009. A planning permit was issued for buildings and works for the purpose of constructing a leisure centre (WaterMarc) and associated car parking, town square and pedestrian walk (including bridge) as well as the alteration of access to the road in a Road Zone Category 1. This application did not include the previously approved three storey office space. A report for this proposal was considered by Council on 1 February 2010.

SURROUNDING AREA

The Greensborough Activity Centre consists of a core retail/commercial area surrounded by residential areas. The centre is located in a unique setting on a hilltop, close to the Plenty River (which is to the north and east), and provides a visual outlook over a green setting, distinguishing it from other activity centres. Views of distant ranges, trees and the proximity to environmental and open space corridors are a key feature. The boundary of the activity centre as defined by the Greensborough Framework Plan, follows a circuit around the centre, including residential streets in the south, skirting the edge of the existing Greensborough Plaza Shopping Centre to the north (along The Circuit) and then cutting along the Plenty River Valley to the east. The extent of the activity centre is defined by key physical boundaries (the river and roadway to the north and east) but incorporates areas for future housing in adjacent residential areas to the south. The centre provides for a diverse range of commercial, administrative, entertainment and community facilities. Commercial / retail activity is primarily focused in the Greensborough Plaza Shopping Centre and either side of Main Street which formed the traditional strip shopping centre for the area. There is over 100,000 square metres of commercial floor space in the Greensborough Activity Centre which includes over 50,000 square metres of retail in the existing Greensborough Plaza Shopping Centre, as well as substantial areas along Main Street and Grimshaw Street. Medical suites and ‘health and well-being’ related facilities are currently located along Grimshaw Street to the east of WaterMarc, and are adjacent to a residential neighbourhood in the southern part of the activity centre. Residential areas surrounding the core retail/commercial area and beyond are predominantly single dwellings with a number of multi-unit dwellings dispersed throughout the area. The centre is well serviced by public transport with the Greensborough Railway Station to the north of the site and a bus interchange currently located in the heart of the commercial centre in Main Street. Although accessibility to the Centre via the railway station is difficult due to walking distances, grades/topography, lack of well-defined pathways, and weather protection, it is considered a key component in the future growth and development of the Centre. The current bus interchange located in Main Street is limited by a lack of space for bus movements. This raises issues of traffic congestion, safety, competition between cars, buses and pedestrians and ease of access to Greensborough Railway Station.

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The primary gateway to the Centre from the west is via Grimshaw Street with the key entry to the activity centre at the intersection of Grimshaw Street, The Circuit and Henry Street. Through traffic is divided around the activity centre via The Circuit to the north and Grimshaw Street to the south. Main Street now functions as a local access road and no longer provides for key through movements. Primary vehicular access to the centre from the north is via Diamond Creek Road and to the east via Para Road which links up with Grimshaw Street (via Flintoff Street) and then to the intersection of Main Street and The Circuit.

Locality Plan – 1 Flintoff Street, Greensborough

SUBJECT SITE

The subject site comprises several land parcels, however the extent of the proposed buildings and works is primarily restricted to the Watermarc building indicated by the star on the Locality Plan. The subject site is currently used for several different purposes, including the WaterMarc complex, multi-deck and at grade car park and pedestrian links to Flintoff and Main Street. The vast majority of the subject site is sealed, although it is noted that some canopy vegetation exists on the site, most notably within the landscaped areas around the WaterMarc Complex and within the pedestrian walkway linking the site to both Flintoff Street and Main Street.

PUBLIC NOTIFICATION

In accordance with the provisions of Clause 37.08-8 (Activity Centre Zone) and Clause 52.06-4 (Car Parking Provisions) the proposal is exempt from the formal notification and review requirements of the Planning and Environment Act 1987. Council is also exempt from the notice requirements in Clause 67.02 in accordance with Section 10 of the Schedule to the Activity Centre Zone.

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However, it is noted that this application is the culmination of an extensive consultation and design process, primarily in relation to the preparation of the gazetted planning framework and the previous permit (P569/08). There has been considerable community consultation and input in the past which has provided a significant contribution to the development of the current proposal. REFERRAL COMMENTS

No statutory referrals were required by the Banyule Planning Scheme.

PLANNING CONTROLS

The site is located within an Activity Centre Zone, within which the Neighbourhood Character Policy does not apply. The site is also affected by the Parking Overlay – Schedule 1. Details of the relevant planning controls and State and Local Policy requirements are contained in Attachment 2 of this report.

Control Permit triggered?

Activity Centre Zone – Schedule 1 Yes Car Parking Overlay – Schedule 1 No Clause 52.06: Car parking No Clause 52.17: Native Vegetation No Clause 52.29: Land adjacent to a Road Zone Category 1 No Clause 52.34: Bicycle Facilities No

TECHNICAL CONSIDERATION

STATE AND LOCAL POLICY FRAMEWORK

Based on an assessment of the plans and reports accompanying the application it is considered that the proposal responds well to the State and Local Planning Policy Framework within the Banyule Planning Scheme and will meet the planning objectives established in the Greensborough Activity Centre Planning Framework. The proposed building and works for the purpose of creating a new civic office will help to establish a stronger civic heart for Greensborough. The development will also result in improved overall vitality and viability of the town centre and help to make it a more self-sustaining destination for multiple purpose trips, where visitors will be encouraged to use alternatives to the private car, including the train, bus, cycling or walking, which will become increasingly important modes of transport into the future.

ZONING PROVISIONS

The East Main Street Precinct Development Plan 2007 was prepared as part of Planning Scheme Amendment C51 with a specific project in mind, being the original ‘Greensborough Project’ referred to earlier in the Background/History section of this report. The proposal currently before Council falls within East Main Street Precinct - Sub Section C which relates to the Town Square and Greensborough Walk. The proposal is consistent with the objectives, use and built form vision identified for this precinct.

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An assessment of the proposal against the relevant Precinct Guidelines for the site is included in the Attachment 3. The proposed built form, for the reasons outlined above, is consistent with the Incorporated Plan for the East Main Street Precinct and the relevant design objectives and requirements of the Design and Development Overlay (Schedule 4).

CAR PARKING CONSIDERATIONS

The proposal involves the alteration of an existing building to provide an additional 6621 m2 of nett Floor Area. An additional 61 car spaces are proposed as part of this application. However, there is extensive Council car parking provided within the Greensborough Activity Centre provided as general public car parking and also as publicly available car parking associated with specific land uses such as WaterMarc. In fact, at the time of developing WaterMarc Council provided additional basement car parking and a new level to the Flintoff Street multi deck car park which brought the car parking levels in the activity centre well above the statutory requirement and provided capacity to attribute existing car parking to future proposals such as the office building now proposed. The table below summarises the current publicly available car parking including the newly proposed 61 car parking spaces in the mezzanine level below WaterMarc. 518 of these spaces are located on the site. Table 1: Provision in GPAC including proposed WaterMarc mezzanine level:

Area Number of Spaces

Henry Street 354 Grimshaw Lane 19 WaterMarc Basement (Existing) 80 Flintoff Street multi-deck 336 Flintoff Street at-grade 41 East Precinct (Carter Reserve) 62 Howard/Grimshaw Street 25 WaterMarc Mezzanine (Proposed) 61

TOTAL 978

The subject site includes three developments which will use the existing public car parking supply available within the GPAC as outlined in Table 2: Table 2 : Car Parking Requirements in GPAC

Area Number of Spaces

WaterMarc 190 Flintoff Street Office Buildings 79 Proposed Civic Office Building (excluding Level 2) 152

TOTAL 421

Given that the car parking supply exceeds the Planning Scheme requirement there is no requirement for additional car parking under the permit and nor is there likely to be a future requirement for the use of the level 2 office although a separate car parking assessment will be considered once the future tenants and associated land use are known.

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The car parking precinct plan developed as part of the Greensborough Project envisaged an ongoing provision of 500-600 public car parking spaces within the activity centre to provide a general supply of public car parking. This car parking can continue to be provided once the proposed civic office building is constructed. Council has also acquired additional land within the activity centre and can provide future car parking at Howard Street, Stubley Court and within the Carter Reserve access road as well as potential future multi deck car parking at Flintoff Street.

CONCLUSION

The fundamental strategic direction and vision for the future of the Greensborough Activity Centre as envisaged within the Banyule Planning Scheme has been incorporated into the more detailed plans for East Main Street Precinct. Some aspects of the proposal require further refinement including minor changes to the planning permit plans, detailed landscaping plans, schedule of materials and colours and the submission of management plans, however, these can be required as conditions of the permit. The proposal is a high quality and well planned response to the planning framework and should be supported.

ATTACHMENTS

No. Title Page

1 Application plans 89

2 Background information 103

3 Assessment against Schedule 1 to the Activity Centre Zone 108

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4.5 PROPOSED DEVELOPMENT OF EIGHT THREE STOREY DWELLINGS AT 27 LIVINGSTONE STREET, IVANHOE (P315/14)

Author: Nick Helliwell - Major Developments Planner, City Development

Ward: Olympia

File: P315/14

EXECUTIVE SUMMARY

The proposal is for the development of eight (8) three (3) storey dwellings and associated reduction of one (1) on-site visitor car parking space. The proposal meets the objectives of State and Local planning policies (including the Residential Neighbourhood Character Policy), and with ResCode. Approval is recommended.

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P315/2014 for Erection of eight (8) three (3) storey dwellings and associated buildings and works and r of one (1) on-site visitor car parking space at 27 Livingstone Street IVANHOE subject to the following conditions: Plans 1. Before the development permitted by this permit starts, amended plans to the

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

(a) The architectural framing either side of the ground floor porches deleted and the framing around the first floor balconies of all dwellings reduced to match that similar to that initially proposed on the porches;

(b) An additional window in the east facing garage walls of Dwellings 1 and 5;

(c) A 1.14 metre wide and 900mm high planter tub inside the full length of the northern facing balustrade of Townhouses 6, 7 and 8 so as to further limit potential overlooking of rear gardens of Units 1 and 2/4 Tate Street; generally in accordance with Drawing No’s TPA04 and 07 received by Council 29 January 2015;

(d) Sun shading provided to all west facing windows;

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

(f) Engineering plans showing a properly prepared design with computations

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

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

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

(h) 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;

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

(j) 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);

(k) Screening of internal views between the top floor bedroom windows of Dwellings 2,3,7 and 6 in accordance with Standard B25 of Clause 55.05-1 of the Banyule Planning Scheme;

(l) Provision of skylight windows to top floor bedroom windows of Dwellings 2,3,7 and 6 to increase natural light as a result of additional privacy screening required under Condition 1k) above;

(m) One of the dwellings, such as Dwelling 3, further modified to comply with Council’s Liveable Housing Guidelines, including the provision of front door and garage access ramps and a clear space of 1.2 x 1.2 m being provided in front of the shower;

(n) Repositioning of the retaining wall within the front garden of Dwellings 1 to 4 further north to provide sufficient soil volume for the planting of canopy trees and vegetation;

(o) Driveway access gradients no steeper than 1:10 (10%) within 5 metres of Tate Street to ensure safety for pedestrians and vehicles;

(p) Low height or bollard type internal lighting along accesssways, at internal intersections, turnaround facilities and where pedestrian travel paths may be unclear, in accordance with Clause 52.06-8 of the Banyule Planning Scheme and Australian Standard 1158.

2. The development permitted by this permit must not be commenced until a

satisfactory detailed landscaping plan is submitted to and approved by the

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Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) Details of planting throughout the site;

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

(c) Provision of landscaping within the side setback to Tate Street to prevent cars parking within this area;

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

(e) Provision of replacement planting for vegetation that is to be removed including a minimum of three large canopy trees within the Livingstone Street setback of the development (mature height of more than12 metres) planted at a semi-advanced state (minimum pot size 40 litre) and one medium canopy tree (mature height of at least 12 metres) planted at a semi-advanced state (minimum pot size 16 litre) and at least eight small canopy trees (mature height of at least 10 metres) planted throughout the site;

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

(g) 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;

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

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

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. Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until the tree protection measures required by Condition 11 are installed to the satisfaction of the Responsible Authority.

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

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Car Parking / Access 6. 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.

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

8. 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 9. 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.

10. Any underground service installations within the calculated Tree Protection Zone of Street Tree 9 as identified in the arborist report prepared by Tree Response dated 23 May 2014 must be bored to a depth of at least 600mm. Any excavation within the calculated Tree Protection Zone of a retained tree required for the connection of services must be:

(a) Undertaken after written approval is received form 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

11. Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works (including demolition) on the site, a Tree Preservation Zone must be established around the Council managed Street Tree 9. 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:

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(a) Extent

Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone where it occurs within the nature strip and the subject property. 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. Management of works (i) A suitably qualified arborist must supervise or undertake all

approved activity within the calculated Tree Protection Zone of Street Tree 9. Any root severance within the Tree Protection Zone must be undertaken to their satisfaction using a clean, sharp and sterilised pruning saw. There must be no root pruning within the Structural Root Zone unless approved in writing by the Responsible Authority.

(ii) All and any excavations with the Tree Protection Zone of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken for endorsed works or for works subsequently approved by the Responsible Authority.

(b) Weed control

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

(c) Fencing

(i) Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS4687-2007 Temporary fencing and hoardings.

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

(d) Signage

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

(e) Irrigation

The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of the Tree Protection Zone area occurring within the site).

(f) Access to Tree Preservation Zone

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

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(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 further works that are approved are to be supervised by the project arborist, and a written component may be required also;

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

Canopy and limb protection is provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.

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

12. Unless otherwise agreed in writing by the Responsible Authority, the

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

Time Limits 13. In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies:

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

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

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

(a) Before the permit expires, or

(b) Within six months afterwards, or

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

PERMIT NOTES

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(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.

Supervision of works undertaken on Council Assets

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

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

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

Asset Inspection Fee

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

(C) Ongoing restrictions

Tree Protection Zones

Requests for the consent or approval of tree protection measures pursuant to Condition 11 should be directed to Council’s Arborist – Development Planning on 9457 9878.

(D) 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

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Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

Street Numbering

Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows:

Dwelling 1 1/27 Livingstone Street IVANHOE Dwelling 2 2/27 Livingstone Street IVANHOE Dwelling 3 3/27 Livingstone Street IVANHOE Dwelling 4 4/27 Livingstone Street IVANHOE

Dwelling 5 1/2 Tate Street IVANHOE Dwelling 6 2/2 Tate Street IVANHOE Dwelling 7 3/2 Tate Street IVANHOE Dwelling 8 4/2 Tate Street IVANHOE

Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.)

The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.) shall comply with the Environment Protection (Residential Noise) Regulations 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property).

The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc.) must not cause a Nuisance (as defined under the Health Act 1958). A Nuisance may include issues such as noise, odour or any other thing deemed to be a Nuisance under the Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) is not located within close proximity to neighbouring properties and where practicable, enclosed.

Planning Permit Application: P315/2014

Development Planner: Mr Nicholas Helliwell

Address: 27 Livingstone Street IVANHOE

Proposal: Development of eight (8) three (3) storey dwellings and associated waiver of one (1) on-site visitor car parking space

Existing Use/Development: Former church building

Applicant: Mr Peter Kapoglis

Zoning: General Residential – Schedule 1

Overlays: Design and Development – Schedule 12 (DDO12)

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Vegetation Protection – Schedule 5 (VPO5)

Notification (Advertising): Notice to adjoining and opposite land owners/occupiers and two site notices, one on each road abuttal

Objections Received: Ten

Ward: Olympia

The plans assessed in this report are the advertised plans (received by Council on 22 July 2014). These are included as Attachment 1 to this report. The proposed development comprises a single building accommodating eight three storey townhouses. The building is configured in two rows of four dwellings which back onto each other; separated at ground level by a central shared driveway which serves ground level car parking. The upper levels of the building extend above this driveway giving the building the appearance of a single structure. Dwellings 1 to 4 will face Livingstone Street with Dwellings 5 to 8 facing the rear of the site with pedestrian access from Tate Street. Vehicular access to the site will also be provided from Tate Street from a single double width crossover. Details of the proposed dwellings are as follows:

Secluded private open space

(balconies/terraces)

Car parking

provision

Bedrooms Height

Dwelling 1 8.9m2 1 2 Three storey

Dwelling 2 8m2 1 2 Three storey

Dwelling 3 8m2 1 2 Three storey

Dwelling 4 8.9m2 1 2 Three storey

Dwelling 5 24.9m2 1 2 Three storey

Dwelling 6 21.8m2 1 2 Three storey

Dwelling 7 21.8m2 1 2 Three storey

Dwelling 8 24.9m2 1 2 Three storey

Dwelling Density 1:126.8m2

Site Coverage 58.8%

Permeability 32.7%

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

BACKGROUND/HISTORY

There have been no previous planning applications for this site. Pre-application planning advice was provided in January 2014 on a three storey ten unit proposal.

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SUBJECT SITE AND SURROUNDING AREA

The site is located on the northern side of Livingstone Street on the western side of the junction with Tate Street.

Figure 1 – Aerial photograph of the site and surrounding area The site has a north-south orientation and comprises a single rhomboid shaped lot unencumbered with any easement. The site has a depth of 38.74 metres and a maximum width of 26.21 metres. The site is approximately 290 metres west of the centre of Ivanhoe. The site is occupied by a single storey brick church building covered with a gabled roof. The building is located in the northern half of the site with the southern half providing a gravel car park. A number of small trees and bushes are located around the periphery of the site, none of which are notable and do not require planning permission for removal. The site has a fall of 2.7 metres from north-west to south-east. The site is bounded to the north by two, two storey brick and hipped tiled roof dwellings at 1/4 and 2/4 Tate Street and to the west by a single storey brick dwelling with a hipped tiled roof. To the east on the opposite side of Tate Street is a two storey weatherboard dwelling with a pitched colorbond roof at 25 Livingstone Street and a two storey brick and weatherboard dwelling with a pitched colorbond roof at 1 Tate Street. To the south on the opposite side of Livingstone Street are two blocks of two storey brick town houses and apartments with gabled roofs at 28 and 30 Livingstone Street.

Site area 1,014.78 m2

Subject to flooding? Yes

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PUBLIC NOTIFICATION

It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding properties. To date 10 objections have been received. Grounds of objection are summarised as follows: • Reduction in on site car parking • Increased traffic in surrounding roads • Safety of vehicle access to the site • Building design not in keeping with neighbourhood character • Building height and setback not consistent with DDO12 • Lack of strategic support for the proposal • Overshadowing and overlooking • Accommodation more suited to younger demographic than older people • Bin storage in garages • Drainage A public consultation meeting was held with the objectors and applicant. The meeting was chaired by Council’s planner assisted by the Team Leader Transport. The Mayor and Ward Councillor also attended the meeting.

REFERRAL COMMENTS

ENGINEERING SERVICES

Council’s Engineering Services Section have reviewed the proposal and raised no major concerns. Formal comments are available on file. Standard conditions relating to access, parking areas and drainage should be included on any approval issued. Detailed comments are contained in Attachment 2 to this report DEVELOPMENT PLANNING ARBORIST

Council’s Development Planning Arborist has advised that the removal of all trees from the site is acceptable and nominates measures to protect a Prickly Paperbark within the Tate Street road reserve.

PLANNING CONTROLS

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

Control Clause Permit Triggered

General Residential Zone 32.08 Yes

Vegetation Protection Overlay – Schedule 5 (VPO5) 42.02 No

Design and Development Overlay – Schedule 12 (DDO12)

43.02-2 Yes

Car Parking 52.06 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

SPPF

Settlement 11

Built Environment and Heritage (including sub clauses) 15

Housing (including sub clauses) 16

LPPF

Land Use 21.04

Built Environment (Accessible area) 21.06

Local Places 21.08

Residential Neighbourhood Character Policy (Garden Suburban 3 Precinct)

22.02

Safer Design Policy 22.03

Planning controls are detailed in Attachment 2 to this report.

TECHNICAL CONSIDERATION

In assessing the proposal, the primary considerations in this instance are the response to the built form requirements of DDO12 (interim planning controls introduced as part of the Ivanhoe Structure Plan) and the requirements of Clause 55 (ResCode) and the car parking provisions of Clause 52.06 of the Banyule Planning Scheme. RESPONSE TO POLICY FRAMEWORK

The proposed development is considered to be consistent with State and Local Planning Policies seeking urban consolidation and housing diversity in appropriate locations. Both levels of policy also require an appropriate response to neighbourhood character and residential amenity. This is discussed within the DDO 12 assessment (Attachment 3) and Clause 55 assessment (Attachment 4) with key points of the ResCode assessment outlined below. BUILT FORM

The built form of the proposal seeks minor variations to the preferred building height and setbacks under DDO 12. The built form of the proposal is nevertheless considered to be well controlled, subject to minor modification. In addition, the proposed site coverage is well within the permitted site coverage under the Overlay. The proposal is considered to be consistent with the built form and landscape objectives of the Overlay.

RESCODE ASSESSMENT (CLAUSE 55)

An assessment against the provisions of Clause 55 (ResCode) of the Banyule Planning Scheme has been undertaken and is included as an attachment to this report. Subject to minor modifications, including increased elevational detailing on the Tate Street façade, provision for increased natural light to dwellings through the proivision of skylight windows and additional screening measures to prevent

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overlooking from upper level north facing balconies, the proposal is considered to comply with the objectives of the Clause. CAR PARKING AND TRAFFIC

The proposed development is providing the recommended number of parking spaces on site for residents as outlined in Clause 52.06 of the Banyule Planning Scheme although there is a request for a reduction of one visitor car parking space. A shortfall of one car parking space is considered satisfactory on the basis that the site is within an Accessible Area as defined in Clause 21.06-2 of the Planning Scheme. As such, some level of parking dispensation for residential and visitor parking rates may be considered acceptable.

The surrounding road network is considered capable of accommodating the additional traffic movements associated with the development. Council’s Engineering Department support this position.

OBJECTORS’ CONCERNS

The majority of objectors’ concerns have been addressed above and in the attached ResCode assessment, however the following require further discussion: Accommodation more suited to younger demographic than older people

Planning policy seeks to provide for housing diversity and this is not a ground for withholding planning permission. Bin storage in garages

The bin stores are located within garages but not within the space allocated for the parking of vehicles. This is considered to be an acceptable design solution. Drainage

Council’s engineers are satisfied that the site can be satisfactorily drained and conditions pertaining to drainage requirements will be required.

CONCLUSION

The proposed development is consistent with State and Local Planning Policies, including Council’s Residential Neighbourhood Character Policy and complies with Clause 55 of the Banyule Planning Scheme. As such, the application is recommended for approval with appropriate conditions.

ATTACHMENTS

No. Title Page

1 Architectural plans 119

2 Additional background information 129

3 DDO12 assessment 135

4 Clause 55 assessment 139

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5.1 MUNICIPAL ASSOCIATION OF VICTORIA'S DRAFT STRATEGIC WORK PLAN 2015-16

Author: Gina Burden - Manager Governance and Communication, Corporate

Services

File: F2015/167

EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) has written to Council as one of its member councils, seeking feedback on the MAV’s Draft Strategic Work Plan 2015-16. The draft Plan has been prepared following member consultation including eight strategic planning sessions that were held throughout the State, in February and March this year. The Plan has seven priority areas including rate capping, innovation and productivity of local government, and State and Federal funding and partnership obligations. The MAV has welcomed submissions for amendments to the Draft Plan, however it has only provided a very short time frame of 2 weeks, which makes it difficult for councils to respond by the deadline 24 April 2015, owing to the timing of council meeting cycles. This year Banyule has a Councillor representative on the Board of the MAV, being Cr. Tom Melican. Due to the tight timeframe, Cr. Melican has himself submitted feedback on the Draft Plan to the MAV directly, however, given the importance of the MAV’s advocacy work for local government, it is considered appropriate that Council also provide feedback to the MAV, while acknowledging that it will be received slightly after the requested due date. Given the very short response timeframe, Council’s feedback to the MAV on it Draft Plan is being based on the feedback provided by Cr. Melican.

RECOMMENDATION

That Council write to the Municipal Association of Victoria (MAV) advising that Council: 1. Notes and welcomes the MAV Draft Strategic Work Plan and thanks them for

the opportunity to provide feedback. 2. Expresses disappointment at the short (2 weeks) feedback period, which has

not allowed councils sufficient time to fully respond. 3. Supports in principle the feedback on the Draft Plan which has been submitted

by Cr. Tom Melican, Banyule’s MAV representative.

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 Council’s City Plan key direction to “advocate on behalf of our community”.

BACKGROUND

The Municipal Association of Victoria (MAV) is the legislated peak body for Victoria’s 79 councils and has a long history supporting councils and councillors. Each year the MAV, in consultation with its member councils, sets out its strategic priorities and work plan for the year ahead. The Strategic Work Plan is then endorsed and adopted by the members at the State Council Meeting held in May each year. This year’s Draft Strategic Work Plan 2015-16 will be adopted at the State Council Meeting on 15 May 2015. While the Draft Plan has been drafted in consultation with members over the past few months, it has been forwarded to councils for final feedback prior to adoption at the May meeting. It is also of note that this year Cr. Tom Melican was successfully appointed to the Board of the MAV, whose input into the strategic direction of the MAV on behalf Banyule will be beneficial and has been welcomed by both the MAV and Council.

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.

DISCUSSION

A copy of the MAV Draft Strategic Work Plan 2015-16 is attached. The document states that consultation for the annual strategic work plan typically identifies about 80 issues that councils identify as priorities. In addition to this, State Council can generate as many as 120 resolutions, which must be assessed by the MAV Board to determine how they will be progressed. Given the limited resources of the MAV, the Board, must consider the impact of any additional activities on the staff’s capacity to deliver the activities included in this strategic work plan, and assess each resolution against the following criteria: • magnitude of impact the issue is likely to have on councils and their communities • number of councils affected by the issue • political ramifications of the issue • immediacy of the issue • likelihood of an outcome in local government’s favour.

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MUNICIPAL ASSOCIATION OF VICTORIA'S DRAFT STRATEGIC WORK PLAN 2015-16 cont’d

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Priority issues for 2015-16 This year’s strategic planning consultation session identified seven priority issues as critical to many councils and of great significance to the entire sector. The MAV will assign greater effort and resources to addressing the following issues over the next 12 months: 1. Rate capping 2. Financial Assistance Grant indexation & federation and taxation reform 3. The value perception of local government 4. Innovation, efficiency and productivity of local government 5. State and federal government funding & partnership obligations 6. The wellbeing of our communities 7. Improving MAV processes and outcomes Emerging Challenges The Draft Work Plan also details the emerging challenges, focus and proposed activities for each of the core MAV work areas over the next 12 months. The work areas are:

Governance and Reform

Financial Sustainability

Community Services

Public Health and Safety

Planning and Building

Transport and Infrastructure

Environment

Emergency Management

Workforce

Councillor Training

Procurement

Insurance

Technology

Events

Communication and Media Feedback and Comment Initial feedback from Councillors following the release of the MAV Draft Strategic Work Plan is disappointment at the exceedingly short timeframe for feedback to be submitted. The MAV has provided a window of only 2 weeks within which comments are to be submitted. This makes it almost impossible for councils to submit their comments and hence the responsibility has fallen on MAV representatives to provide the feedback on behalf of their respective councils. In the case of Banyule, Cr. Tom Melican, who is Council’s MAV representative and now Board member, has already submitted his feedback to the MAV. Cr. Melican’s feedback is summarised below:

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Section Comment/Feedback

State of Play (pg16) There is mention of 'environmental impacts' and 'increases in extreme weather events', but no reference to climate change or economic challenges in a carbon constrained economy, which should be included.

The Wellbeing of Communities (pg 13) Mention is made that climate change issues that will continue to impact people's lives. It needs to be acknowledged that climate change will also impact councils’ budgets, infrastructure, planning rules, and in drier parts of the State, threaten the survival of councils. This needs to be acknowledged in the priorities for the sector.

Public Health and Safety (pg 20) Bushfires, floods, heat stress caused by climate change is not mentioned.

Planning and Building (pg 21) Need to ensure that the built environment enables people to cope with climate change and this should be included in the focus for 2015-16

Transport and Infrastructure (pg 22) Agree with the list of challenges in this section, but the focus for 2015-16, does not adequately reflect the challenges. This means the proposed activities fails to deliver the required outcomes. Walking and cycling is identified as a challenge, but not a focus and there are no proposed activities.. Supporting advocacy for roads to recovery is important, but advocacy for federal funding of public transport is needed also. We need to plan for the rapid increase in cars and freight on the roads, we cannot provide the infrastructure.

Environment (pg 23) The Environment section fails to sufficiently reflect the challenges councils face. Councils have shown real leadership in reduction and adaptation of climate change and this needs to be supported in the document.

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Street lighting, storm watering harvesting, land use planning, transport alternatives, wind farms and solar panels on council buildings are all examples of works councils have undertaken, and this should be supported and encouraged in the document.

Emergency Management (pg 24) This section does not highlight the pressure that councils and volunteer organisation will be under from increases in extreme weather events.

Insurance (pg 28) Insurance costs could also increase due to extreme weather events and sea level raises, related to climate change and this is not acknowledged in the document

CONCLUSION

The MAV has sought feedback on their Draft Strategic Work Plan 2015-16 which will be presented to the members for adoption at the State Council Meeting to be held on 15 May 2015. Given the very short notice and timeframe within which to respond, Council has not had the opportunity to develop its own position in relation to the Draft Plan, however, it is considered appropriate to support in principle, the feedback already submitted by Council’s MAV representative, Cr Tom Melican. The general tenor of this feedback is that the Draft Plan needs to expand on the priorities and concerns of member councils in each of the areas, particularly in relation to the environmental impacts of climate change, and the 2015-16 focus areas related to Transport and Infrastructure planning.

ATTACHMENTS

No. Title Page

1 Draft MAV Strategic Work Plan 2015-16 144

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6.1

Performance - Use Our Resources Wisely

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6.1 DEBT MANAGEMENT STRATEGIC PLAN Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

File: D15/24628

EXECUTIVE SUMMARY

The Debt Management Strategic Plan (April 2015) has been prepared to ensure changes to Council’s priorities, including a commitment to rate capping from 2017, can be achieved through responsible debt management. The principles embedded within this plan align with those adopted as part of the sustainable Financial Management Strategy. Council’s debt level at 30 June 2015 is forecast to be $58 million with a proposed debt reduction plan which will see this fall to below $43 million by 2019. In developing the plan consideration was given to:

Legislation – Local Government Act 1989

Council’s City Plan (2013-2017) including 4 year Strategic Resource Plan 2015-2019

Long Term (10 year) Financial Plan

Principles of sound financial management

Need for debt reduction to meet acceptable sustainability ratio parameters, as prescribed by Victorian Auditor General’s Office (VAGO)

Council’s current indebtedness financial ratio (non-current assets/total debt) slightly exceeds 40% which VAGO identifies as moderate risk. The proposed debt reduction strategy will see this ratio reduced to low risk from 2017. Adoption of the Debt Management Strategic Plan (April 2015) with an ongoing annual review will provide assurance regarding Council’s ability to meet it’s long term objectives as outlined in the City Plan (2013-2017).

RECOMMENDATION

That Council adopt the Debt Management Strategic Plan (April 2015).

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.

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CITY PLAN

This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

Council’s Debt Management Strategic Plan responds to Council’s strategic direction and considers Council’s long-term financial sustainability. It is important that Banyule City Council has a Debt Management Strategic Plan in place that is transparent to the community and reviewed annually as part of the budget process. Council is also implementing a debt redemption reserve to expedite the reduction of debt as the opportunity arises and fixed tranches of debt mature. This work is being done to ensure Council remains within acceptable VAGO indicators. The cost of money is at historic lows and Council has the ability to fund important capital renewal projects with its free cash. Council is in a position to respond to changes in the market to significantly reduce its indebtedness should the need arise.

CONCLUSION

The Debt Management Strategic Plan (April 2015) is prepared in accordance with sound financial management principles and addresses the following matters:

Current and proposed debt levels

Cash levels required to meet strategic objectives

Legislative requirements under the Local Government Act (1989) with regard to

borrowings and debt redemption

VAGO’s low risk financial ratio parameters

Linkage to City Plan (2013-2017)

Other long term financial strategies

The Debt Management Strategic Plan will be reviewed annually and presented to Council for consideration and adoption.

ATTACHMENTS

No. Title Page

1 Debt Management Strategic Plan (April 2015) 180

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6.2

Performance - Use Our Resources Wisely

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6.2 ITEMS FOR NOTING Author: Catherine Simcox - Community Planning Consultant, Community

Programs

File: F2015/167

RECOMMENDATION

That Council note the following minutes/reports: 1. The Banyule Age-friendly City Advisory Committee meeting held 6 February

2015.

The following Minutes or Reports are presented for noting: 1

.

Report/Committee Name: Banyule Age-friendly City Advisory Committee (BAFCAC)

Officer: Catherine Simcox

Brief explanation: The BAFCAC held its second meeting on Friday 6 February 2015 at the Council Chambers. The minutes from the meeting are in attachment 1. The aim of BAFCAC is to provide Council with advice on older adult issues and ageing well in Banyule. The BAFCAC will oversee Councils involvement in the World Health Organisations Global Network of Age-friendly Cities. Councillor Mulholland chaired the meeting and Councillor Langdon also attended the meeting. Thirteen committee members attended the meeting. There were no recommendations for Council’s consideration from this meeting.

ATTACHMENTS

No. Title Page

1 BAFCAC Meeting Minutes 203

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6.3

Performance - Use Our Resources Wisely

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6.3 PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING MEETING PROCEDURES CODE (2015)

Author: Vivien Ferlaino - Governance Co-ordinator, Corporate Services

File: F2015/590

EXECUTIVE SUMMARY

Banyule City Council’s existing Conduct of Meeting Local Law No. 2 (2005) ceases operation on 28 April 2015, and a new replacement Local Law is required to be adopted by Council. As a result, this Local Law has undergone an extensive review and a new proposed Governance Local Law No. 2 (2015) and Meeting Procedures Code (2015) has been developed. It is proposed that the new Governance Local Law No. 2 (2015) will commence operation when the existing Conduct of Meetings Local Law No. 2 (2005) is revoked. The proposed Local Law and Code is essentially the same as the previous document, however, the review has allowed for it to be updated, simplified, inconsistencies have been removed and further clarification has been made to some clauses. 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 submission period was from the 5 March 2015 and closed at 5.00pm on 5 April 2015. No submissions were received. Following the commencement of the statutory process, all documents were forwarded to Council’s legal advisor for advice. As a result of the legal advice, some modifications were made to the proposed Governance Local Law No. 2 (2015) and Meeting Procedures Code (2015).

RECOMMENDATION

That Council: 1. Resolves to make Governance Local Law No. 2 (2015) (Attachment 1); 2. Adopts the incorporated Meeting Procedures Code (2015) (Attachment 2); 3. Revokes the existing Conduct of Meeting Local Law No. 2 (2005) at the

commencement of Governance Local Law No. 2 (2015), on the 1 May 2015. 4. Adopts the proposed Local Law Community Impact Statement (Attachment 3)

on the 1 May 2015, which includes the Human Rights Charter – Assessment of Compatibility

5. Gives notice of the making of the Governance Local Law No. 2 (2015) and

Incorporated document Meeting Procedures Code (2015) via the Government Gazette and public advertisement in accordance with section 119(3) of the Local Government Act 1989.

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6. Sends a copy of the Governance Local Law No. 2 (2015) to the Minister for

Local Government in accordance with section 119(4) of the Local Government Act 1989

1.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

Councils have the power to make local laws under Part 5 of the Act, which have a life of 10 years before they sunset or unless revoked earlier. Local laws can be made in relation to any act, matter or thing in respect of which a council has a function or power. Banyule City Council has two main local laws, a General Local Law No. 1 covering amenity issues, and a Conduct of Meetings Local Law No. 2. Discretion is left to councils to determine the number and type of local laws made, with the exception of a Meeting Procedure Local Law which is a specific requirement of Section 91(1) of the Act. Both Council’s local laws expire in April 2015 and have undergone extensive review with new local laws being proposed to replace the existing ones. The General Local Law has been the subject of a separate process and was adopted by Council on 23 March 2015. This report specifically concerns the review of the second local law which relates to the conduct of Council meetings.

Over the past year officers have consulted with Councillors and sought feedback on any improvements required to the meeting procedure local law as part of the review process. These suggestions have been captured in the review. Officers, have also benchmarked against other councils’ meeting procedure local laws and using best practice principles, have prepared a proposed Governance Local Law No. 2 (2015) (Attachment 1) and all the associated supporting documentation, including a Community Impact Statement, and a Human Rights Charter – Assessment of Compatibility. The proposed Local Law incorporates the Meeting Procedures Code (2015) (Attachment 2) as is the case with the existing Local Law. It is the Code which forms the bulk of the Local Law and is the main focus of the review. 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 submission period was

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from the 5 March 2015 and closed at 5.00pm on 5 April 2015. No submissions were received.

HUMAN RIGHTS CHARTER

The proposed Governance Local Law No. 2 (2015) and incorporated Meeting Procedure Code was assessed against the Human Rights Charter. The assessment indicated that five rights were impacted or affected:

Right to recognition and equality before the law

Right to privacy and reputation

Right to freedom of expression

Right to take part in public life

Right to a fair hearing The Human Rights Charter – Assessment of Compatibility (Attachment 3) forms part of the Local Law Community Impact Statement. In all instances, it was considered that the limitation was reasonable because the interests or impact to the majority of the community and good conduct of the Council meeting was greater than the interest or impact on an individual.

DISCUSSION

What are Local Laws? Local Laws:

are generally adopted to protect public health, safety, or amenity in a municipality, and in the case of a meeting procedure local law, to govern the conduct and good order of council meetings.

are a form of regulatory instrument.

cannot duplicate, overlap, conflict with or be inconsistent with existing Federal or State legislation.

should not be created unnecessarily. Council needs to consider whether there are alternatives to a Local Law that might better suit the needs of the community.

only apply within a particular municipality.

have a 10 year life and must be renewed after that time to remain valid. This ensures that Local Laws remain current and suitable to the purpose for which they were originally made.

Council must advertise any Local Law that it intends to make and must consider any public submissions it receives about the Local Law before implementing it.

Council is obliged to ensure that the regulatory approach adopted involves the least burden or the greatest advantage to its community.

Governance Local Law

Unlike other Council local laws which are discretionary, a Council must adopt a local law governing the conduct of Council meetings. Councils are also required to have a common seal which must be used in accordance with the local laws of a Council. It

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is therefore common practice to include use of the common seal as part of the same local law that governs meeting procedures.

The objectives of the proposed Governance Local Law and meeting Procedures Code, are to:

Provide for the election of the Mayor;

Regulate the use of the common seal;

Prohibit unauthorised use of the common seal or any device resembling the common seal;

Provide for the procedures governing the conduct of Council meetings,

Set the rules of behaviour for those participating in or present at Council Meetings

Provide for the role of the Mayor and

Revoke Council’s Conduct of Meeting Local Law (2005) and Meeting Procedures Code

Community Impact Statement The proposed Local Law Community Impact Statement (LLCIS) (Attachment 3) provides a background to the review and has been prepared in line with best practice principles.

The LLCIS details matters considered when conducting the review. Legal considerations are addressed and it explains reasons for adopting particular approaches. The LLCIS acts as a detailed explanatory document for both the public and Councillors in understanding the background to the development of a local law and is an important tool for the consultation process.

Local Law – General Changes – The proposed Local Law and incorporated Meeting Procedures Code are not significantly different to the Local Law and Code adopted in 2005. Since that time however, there have been a number of amendments to the Act and the new Local Law reflects a number of these amendments, as well as having been reviewed for clarity and ease of use and reference. The main changes or modifications to the Local Law and Code (all of which are detailed in the LLCIS), include:

Name Change – The new local law will be referred to as Governance Local Law (2015), rather than Local Law No. 2 (2005) – Meeting Procedure Local Law. This is considered a simpler and more modern title for the local law.

Legislative inconsistencies – Certain clauses have been removed where they were inconsistent or overlapped with the Act. There is no need to duplicate what is already covered by the Act, eg explanation for what constitutes a quorum.

Inclusion of Notes – While the Local Law and meeting procedures should not overlap or duplicate the Act, to assist in the use of the local law, relevant sections of the Act have been incorporated as explanatory notes. This allows the user to have a full picture of the requirements in relation to a particular matter, eg Mayoral election process, without the need to refer separately to

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both the Local Law and the Act. Notes do not form an enforceable part of the Local Law.

Councillor Code of Conduct - The existing Local Law incorporates, both the Councillor Code of Conduct and the Meeting Procedures Code. However, there is no requirement for the Code of Conduct to form part of the local law. A small number of Councils choose to do this when the requirement to have a code of conduct was first introduced. Development, review and enforcement of the code of conduct is prescribed by the Act, and incorporating it into the Local Law adds no further weight. If anything it has complicated the review process for the Code as every time Council changes an incorporated document it must advertise that change in the Government Gazette.

Clarity and simplification – Overall the review of the Local Law has resulted in a number of provisions and clauses being reworded or rephrased to allow for simplification and clearer procedures. Additional information has been included where necessary to provide extra guidance and reflect current practices, eg for general business, urgent business and notices of motion. Old terminology and phrasing has also been removed and replaced where appropriate with plain English.

Local Law – New Provisions A small number of new additions have been made to the Local Law and Code, these include:

Affirmation – Following suggestions by Councillors that consideration be given to an affirmation being included at the start of each meeting, the ability for the Mayor or Councillor to read an affirmation has been added to the order of business. The wording for an affirmation does not appear in the Meeting Procedure Code as this should be approved by Council separately and will allow Council to change the wording at any time if so desired or agreed. It is expected that any affirmation would confirm Council’s respect for all traditions and beliefs, and pledge to be responsible and accountable in the decisions made on behalf of the community.

Recording Proceedings – A new provision has been inserted to allow the CEO to arrange for the recording of meetings, this will allow for the future possibility of webcasting meetings, which is currently being researched.

Varying Order of Business – A new provision has been inserted which codifies Council’s current practice of varying the order of business at Council meetings from time to time. This is most often done for practical purposes and to expedite the proceedings of Council.

Behaviour of public gallery – A new clause has been inserted regarding Visitor (public gallery) obligations, to ensure public order is maintained throughout Council meetings.

Public Submissions – As Section 223 submissions of the Act are heard in an Ordinary Council meeting, formalisation of the requirements is now

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included. Additional time is given for submission speakers, five minutes as opposed to 3 minutes for “request to speak” speakers.

Other – A concluding clause has been inserted based on the example of other benchmarked local laws which states that where a procedure has not been provided for in the Local Law, reference must be had to the rules, forms and usages of the Victorian Parliament, so far as they are capable of being applied to Council proceedings.

LEGAL CONSIDERATION

Following the commencement of the statutory process, all documents were forwarded to Council’s legal advisor for advice on the following:

Are there any omissions or flaws in the Local Law?

Use and advice on the placement of the explanatory notes in the Code

Advice on the suspension of the Local Law

Speaking limit for section 223 submitters

Are any provisions unworkable?

Assessment of the Local Law Community Impact Statement and Human Rights Assessment

Common Seal wording and whether the Chief Executive Officer can affix the Common seal in accordance with the Instrument of Delegation

Assessment of new provisions Use of explanatory notes The legal advice confirmed that the use of the explanatory notes provides a useful reference to other provisions of the Local Government Act 1989 and drafters of legislation have, in more recent times, adopted the practice of inserting notes to assist readers. Suspension of Local Law The suspension of the local law clause from the current local law and code was not included in this draft local law and code. Advice provided in the LGPro Better Local Laws program that the suspension of the Local Law was invalid as once you suspended the Local Law there was no ability to resume the Local Law provisions. The legal advice confirmed that the provision was inconsistent with the Act and therefore inoperative to that extent. Speaking Limit for section 223 Submitters The Act requires Council to provide a person with an opportunity to be heard in support of their submission. A time limit has been included consistent with Councillors who are given 5 minutes as the mover of an item and provided the same ability as Councillors to request an extension. It was considered that the time allocated was reasonable and complies with the Act. Common Seal to be affixed by the Chief Executive Officer (CEO) In benchmarking other Council Local Laws, other Councils provided for their CEOs by Instrument of Delegation to affix the common seal. Legal advice confirmed that the affixing can be delegated to the CEO for specified documents. This will require the Instrument of Delegation to be amended to include the type of documents to be sealed by the CEO. A new sealing clause for when the CEO affixes the common seal has been added to the local law as per legal advice.

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Minor changes were recommended by the legal advisor including:

Definition of Code – amendment to draft definition

Title of Meeting Procedure Code to include the date ie Meeting Procedure Code (2015)

Reference to Incorporated matter reworded and consistent with definition of Code

Removal of Duplication on the offence section of the local law

TIMELINES

The current timelines are as follows: 27 April 2015 Council adopts proposed Governance Local Law

No. 2 (2015) and Meeting Procedures Code (2015) Council revokes Conduct of Meetings Local Law

No. 2 (2005). Council adopts the proposed Local Law Community

Impact Statement and its incorporated documents. 28 April 2015 onwards Council gives notice of the adoption of the

Governance Local Law No. 2 (2015) and Incorporated document, Meeting Procedures Code (2015) via the Government Gazette and public advertisement in accordance with section 119(3) of the Local Government Act 1989.

1 May 2015 Governance Local Law No. 2 (2015) and Meeting

Procedures Code (2015) comes into effect As soon as practicable Send a copy of the adopted Banyule City Council

Governance Local Law No. 2 (2015) to the Minister for Local Government in accordance with section 119(4) of the Local Government Act 1989.

CONCLUSION

Review of the Conduct of Meetings Local Law No. 2 (2005) and incorporated documents, has occurred, the legal advice and minor changes has been incorporated. Making of a new local law – Governance Local Law No. 2 (2015) incorporating the reviewed Meeting Procedures Code (2015), to replace the sun-setting local law, now requires Council adoption.

ATTACHMENTS

No. Title Page

1 Draft Governance Local Law No.2 (2015) 207

2 Draft Meeting Procedures Code (2015) 213

3 Community Impact Statement with Human Rights Assessment 241

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6.4 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, Corporate Services

File: F2014/337

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: 13 April 2015

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary

Meeting of 13 April 2015 (excluding confidential

items) as listed below:

2.1 Government Funding for 15 hours of

Kindergarten

4.1 Proposed 26 Storey Mixed Use Development

at 443 Upper Heidelberg Road, Ivanhoe

(P1453/14)

4.2 Bellfield Redevelopment Site and Banksia

Community Stadium Precinct Project update

(Former Banksia Secondary College)

4.3 Proposed multi dwelling development at 229

and 229A Banksia Street, Ivanhoe (former

Bellfield Primary School)

4.4 Food and Beverage Growth Plan -

Melbourne's North

5.1 Municipal Association of Victoria (MAV) - State

Council Motions 2015

5.2 Advocacy Report 1 July 2014 - 31 December

2014

6.1 Preparation of City Plan 2013-2017 (Year 3)

6.2 Preparation of Budget for Period 1 July 2015

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to 30 June 2016

6.3 Rating Strategy 2014/2015

6.4 Proposed Governance Local Law -

Consideration and Hearing of Submissions

6.5 Assembly of Councillors

8.1 Anzac Day Events - Time Capsules

9. General Business

10. Urgent Business

Water Tank Site – Upper Heidelberg Road

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Peter Utri – Acting Director Corporate Services Gina Burden – Manager Governance & Communications Vivien Ferlaino – Governance Coordinator

Jackie Bernoth – Coordinator Development Planning

Joseph Tabacco – Manager Property & Economic Development Michael Hutchison Coordinator City Development

Projects

Tania O’Reilly – Manager Finance and Procurement

Others Present: Nil

Conflict of Interest: Nil

2 Date of Assembly: 20 April 2015

Type of Meeting: Councillor Briefing

Matters Considered: Meeting with Banyule Community Health & Olympic Adult Education

Update on budget & capital works

Cost shifting pressures

Banyule Community Health - Delivery models - Organisation Celebrating 40th Year

Anniversary. - Banyule Community Health was awarded

Primary Health Service of the Year (2014) and General Practice of the Year (2014).

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Olympic Adult Education - Outlined the current issues facing them

including sufficient space for their activities, which are currently being delivered across multiple sites.

Councillors Present: Steven Briffa

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development

Geoff Glynn – Director Assets & City Services

Gina Burden – Manager Governance & Communications Giovanna Savini – Manager Youth & Family Services

Darren Bennett – Manager Leisure, Recreation & Cultural Services Vivien Ferlaino – Coordinator Governance

Others Present: Banyule Community Health Jim Pasinis David McKenzie Peter Ogden Anthony O’Donnell Anita Brown Chris Deakin Olympic Adult Education Jeff Percy John Nota Daryl Crilly Katherine Kingsbury Ross Failla Harry Prout Anne Doyle Rosemary Crosthwaite

Conflict of Interest: Nil

3 Date of Assembly: 20 April 2015

Type of Meeting: Councillor Briefing

Matters Considered: Governance Local Law

Councillor Resource Policy

Community Bus Review

St Helena Secondary College Sporting Precinct

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Yarra Plenty Swim Club Lease Proposal

Ivanhoe Library – Hatch Art Space

Councillors Present: Steven Briffa

Mark Di Pasquale

Rick Garotti

Craig Langdon

Tom Melican

Jenny Mulholland

Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development

Geoff Glynn – Director Assets & City Services

Darren Bennett – Manager Leisure, Recreation & Cultural Services Gina Burden – Manager Governance & Communications Vivien Ferlaino – Coordinator Governance

Others Present: Nil

Conflict of Interest: Nil

4 Date of Assembly: 20 April 2015

Type of Meeting: Confidential Councillor Briefing

Matters Considered: Contractual 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 Jeanette Kringle – Coordinator Property Operations

Others Present: Gidon Lipkies Jeremy Walker

Conflict of Interest: Nil

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RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

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