Banyule City Council 27 April 2015 Ordinary Meeting Minutes

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 May 2015 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

27 April 2015 commencing at 7.45pm

MINUTES

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

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

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

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

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

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

9. GENERAL BUSINESS .................................................................................................... 4

9.1 Anzac Day Services ................................................................................................ 4

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

1.1 Petition for a Seat on Waterdale Road, Ivanhoe ..................................................... 4 1.2 Petition to build a skate park in Petrie Park, Montmorency ...................................... 5

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 5

Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 5

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 6

4.1 Pedestrian Movements - Rosanna Railway Station ................................................. 6 4.2 Ivanhoe Primary School - Parking Investigation ...................................................... 7 4.3 One Flintoff Project - Progress Report .................................................................... 7 4.4 1 Flintoff Street, Greensborough - Proposed Council Offices - Planning

Permit Application (No.P311/2015) ......................................................................... 8 4.5 Proposed development of eight three storey dwellings at 27 Livingstone

Street, Ivanhoe (P315/14) ..................................................................................... 12

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 19

5.1 Municipal Association of Victoria's Draft Strategic Work Plan 2015-16 .................. 19

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 20

6.1 Debt Management Strategic Plan ......................................................................... 20 6.2 Items for Noting .................................................................................................... 21

MINUTES ORDINARY MEETING OF COUNCIL 27 APRIL 2015

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 May 2015

6.3 Proposed Governance Local Law No.2 (2015) - Incorporating Meeting Procedures Code (2015) ....................................................................................... 21

6.4 Assembly of Councillors ........................................................................................ 22

7. SEALING OF DOCUMENTS ......................................................................................... 26

Nil

8. NOTICES OF MOTION .................................................................................................. 26

Nil

9. GENERAL BUSINESS .................................................................................................. 26

10. URGENT BUSINESS ..................................................................................................... 26

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 26

CLOSURE OF MEETING ..................................................................................................... 26


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 May 2015 3

EXTENSION OF PUBLIC FORUM

(CO2015/99) Resolution That the Public Forum be extended for an additional 5 minutes. Moved: Cr Steven Briffa Seconded: Cr Tom Melican CARRIED The Meeting opened at 8.05 pm.

The Mayor’s Acknowledgement of the Wurundjeri People

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

Present

Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale and Cr Tom Melican.

Apologies

That the following apologies be accepted Cr Jenny Mulholland and Cr Rick Garotti. Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 13 April 2015

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

Disclosure of Interests

Nil Presentation An Anzac Day commemoration was presented by Fred Cullen following the Public Forum. Mr Cullen spoke on the significance of Anzac Day and read the Ode of Remembrance and Cr Mark Di Pasquale read the Anzac requiem. Mr Cullen was also presented with a special commemorative medallion by the Mayor, Cr Craig Langdon.



PROCEDURAL MOTION

(CO2015/100) Resolution That the General Business item 9.1 be dealt with as first item of business. Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED

9. GENERAL BUSINESS

9.1 ANZAC DAY SERVICES

On behalf of all Councillors, Cr Craig Langdon paid tribute to Eltham/Montmorency RSL, Greensborough RSL, Ivanhoe RSL, Watsonia RSL and West Heidelberg RSL for their Anzac Day Services including the services on the day, the Jaga Jaga school’s event at Montmorency and the Ivanhoe service on the Sunday before Anzac Day. Other services, the numerous School Observances where they participated and the special services on the Sunday before Anzac Day at Cherry Street Avenue of Honour, various local football games at Heidelberg and Ivanhoe Football Clubs and the special service at Bundoora Extended Care. Cr Langdon also wished a special thanks to the Officers and soldiers of Simpsons Barracks for allowing the Council and the public to participate in their dawn service on Saturday 25 April. Cr Langdon also paid tribute to all the Council Staff for their involvement for Anzac Day from Parks and Gardens in preparing the various Cenotaphs, those organising road blocks, Community Programs for organising the School event in conjunction with Bill McKenna from the Montmorency RSL, in particular Allison Beckwith, and the Communications Staff advertising and promoting and photographing all the services. Finally, Cr Langdon paid tribute to all Councillors for participating in as many services as possible therefore honouring the 100 Anniversary of the landing at Gallipoli on behalf of the Citizens of Banyule.

1. PETITIONS

1.1 PETITION FOR A SEAT ON WATERDALE ROAD, IVANHOE

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.”



1.1 PETITION FOR A SEAT ON WATERDALE ROAD, IVANHOE CONT’D The provision of a seat is consistent with the Banyule City Plan 2012-2017 and the Ivanhoe Structure Plan and is supported. Resolution (CO2015/101)

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. Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 1.2 PETITION TO BUILD A SKATE PARK IN PETRIE PARK, MONTMORENCY

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.

Resolution (CO2015/102)

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

Plan. Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale CARRIED

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

Mr Kevin Biaggini spoke on the item. 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.


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 including requesting 40km/h zone within the Rosanna Shopping Centre.

2. Write to the Minister for Public Transport, Minister for Roads & Road Safety, the Local

State Member and the Opposition Spokesperson for Public Transport to highlight concerns for pedestrian safety in this location, and requesting prioritisation of the site in the first term of this State Government under the Level Crossing Removal Project in conjunction with the duplication of the Hurstbridge railway line between Rosanna & Heidelberg.

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



4.2 IVANHOE PRIMARY SCHOOL - PARKING INVESTIGATION

Ms Tracey Cox spoke on the item. 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.


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.

Moved: Cr Mark Di Pasquale Seconded: Cr Craig Langdon CARRIED 4.3 ONE FLINTOFF PROJECT - PROGRESS REPORT

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:



4.3 ONE FLINTOFF PROJECT - PROGRESS REPORT CONT’D

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.


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

Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa CARRIED 4.4 1 FLINTOFF STREET, GREENSBOROUGH - PROPOSED COUNCIL OFFICES -

PLANNING PERMIT APPLICATION (NO.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. Resolution (CO2015/106)

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:



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

(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.



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

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;

(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



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

(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



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

(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

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.

Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa CARRIED 4.5 PROPOSED DEVELOPMENT OF EIGHT THREE STOREY DWELLINGS AT 27

LIVINGSTONE STREET, IVANHOE (P315/14)

Mr Geoff Faulder spoke on the item. 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.



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


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 waiver 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 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 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).

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:

(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;

(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 (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 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.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

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

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.



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


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.

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 DEBT MANAGEMENT STRATEGIC PLAN

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).



6.1 DEBT MANAGEMENT STRATEGIC PLAN CONTD


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

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED 6.2 ITEMS FOR NOTING


That Council note the following minutes/reports: 1. The Banyule Age-friendly City Advisory Committee meeting held 6 February 2015.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale CARRIED 6.3 PROPOSED GOVERNANCE LOCAL LAW NO.2 (2015) - INCORPORATING

MEETING PROCEDURES CODE (2015)

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).


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.

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

Moved: Cr Tom Melican Seconded: Cr Wayne Phillips CARRIED

6.4 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

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

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

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

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

1 Date of Assembly: 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 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



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).

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




Matters Considered: Governance Local Law

Councillor Resource Policy

Community Bus Review



St Helena Secondary College Sporting Precinct

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



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





That the Assembly of Councillors report be received.

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

7. SEALING OF DOCUMENTS

Nil

8. NOTICES OF MOTION

Nil

9. GENERAL BUSINESS

Item moved to be the first item.

10. URGENT BUSINESS

Nil 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 confidential items 11.1 and 11.2. Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale CARRIED The Meeting was adjourned at 9.30 pm. The Meeting was closed to the public at 9.35 pm.

Closure of Meeting

The Meeting was closed at 11.23 pm.

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

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



Documents

Banyule City Council 27 April 2015 Ordinary Meeting Minutes