Banyule City Council Agenda 1 September 2014

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

1 September 2014 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended 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 18 August 2014

Disclosure of Interests

Presentations A presentation will be made at item 2.1 Municipal Emergency Management Plan Endorsement of Council’s Certificate of Audit by the Victorian State Emergency Service (SES). A presentation will be made at item 2.2 Order of Australia Honours - Banyule Recipients of Congratulation certificates to the recipients of this year’s awards by the Mayor.

1. Petitions

Nil

REPORTS:

2. People – Community Strengthening and Support

2.1 Municipal Emergency Management Plan Endorsement .......................................... 3

2.2 Order of Australia Honours - Banyule Recipients .................................................... 6

AGENDA (Cont’d)

Ordinary Meeting of Council - 1 September 2014 Page 2

3. Planet – Environmental Sustainability

3.1 Environmental Communications ............................................................................. 9

4. Place – Sustainable Amenity and Built Environment

4.1 Enforcement of Illegal Dumping of Rubbish in Public Places ................................ 13

4.2 Proposed Multi-dwelling development at 47 Lower Plenty Road, Rosanna ............................................................................................................... 20

4.3 Education site opportunity advocacy progress and school sites redevelopment project update ............................................................................... 40

5. Participation – Community Involvement in Community Life

5.1 Disability Action Plan ............................................................................................ 45

6. Performance - Use Our Resources Wisely

6.1 State and Federal Funding Cost Shifting 2014 Update ......................................... 51

6.2 27A Cherry Street, Macleod - Proposed Sale of Land ........................................... 62

6.3 Assembly of Councillors ........................................................................................ 67

6.4 Audit Committee Charter ...................................................................................... 70

7. Sealing of Documents

7.1 Sealing of Documents ........................................................................................... 73

8. Notices of Motion

8.1 Willa Avenue, Viewbank - Flooding issues and potential for survey regarding drainage scheme in the area ................................................................. 75

9. General Business

10. Urgent Business

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

11. Confidential Matters

11.1 Contractual matters

11.2 Contractual matters

11.3 Contractual matters:

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

Closure of Meeting

2.1

People – Community Strengthening and Support


2.1 MUNICIPAL EMERGENCY MANAGEMENT PLAN ENDORSEMENT

Author: Jacinta Elliott - Emergency Management Coordinator, Assets & City Services

File: F2014/309

EXECUTIVE SUMMARY

The Banyule Municipal Emergency Management Plan (MEMPlan) which addresses the prevention of, response to, provision of relief services and the recovery from emergencies affecting the municipality’s community, has been fully reviewed and audited by the Victoria State Emergency Service. The MEMPlan (Amendment No. 17) has been adopted by the Banyule Municipal Emergency Management Planning Committee (MEMPC) and now requires Council endorsement.

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 “plan and prepare for emergency events”.

BACKGROUND

Emergencies can affect any community at any time causing injury, death, property and environmental damage and/or disruption. The State Government requires every municipality to have a Municipal Emergency Management Plan (MEMPlan) to cope with such events. The Banyule MEMPlan has been developed pursuant to Section 20(1) of the Emergency Management Act 1986. This plan addresses the prevention of, response to, provision of relief services and the recovery from emergencies affecting the municipality’s community. In establishing the Banyule MEMPlan, the Banyule Municipal Emergency Management Planning Committee (MEMPC) has consulted with Victorian State Emergency Service (VicSES), Victoria Police, Metropolitan Fire Brigade (MFB), Country Fire Authority (CFA) and the Department of Health & Human Services (DHHS) and other relevant emergency management agencies.

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MUNICIPAL EMERGENCY MANAGEMENT PLAN ENDORSEMENT cont’d


Emergency planning involves identifying hazards and assessing risks so action can be taken to avoid, minimise and deal with them if they happen. With this in mind, the MEMPC has prepared a Community Emergency Risk Assessment (CERA) plan. The CERA is a process which aims to reduce risk within our community. It does this through identifying and describing the hazards that most likely affect Banyule and assessing the impacts and consequences based on the vulnerability or exposure of the community and its functions. Councils have an important role in emergency management due to their access to resources owned or controlled by the council, their ability to access other resources within their communities and possession of vital information about their communities and vulnerable groups. Councils are also the closest level of government to their community. Whilst response and recovery agencies are actively involved during and immediately after the emergency, Councils have a responsibility for, and commitment to, the ongoing wellbeing of their communities all of the time. Banyule City Council considers Municipal Emergency Management planning and the MEMPlan itself to be an integral part of our strategic planning framework and include it in the People Objective of our City Plan.

2014 AUDIT

The Banyule MEMPlan has been formally adopted by the Banyule Municipal Emergency Management Planning Committee (MEMPC). The MEMPC consists of representatives from VicSES, Victoria Police, DHHS, Ambulance Victoria, Austin Health, Mercy Hospital for Woman, Banyule Community Health Service, Federal DHS (Centrelink), MFB, CFA, Plenty Valley FM, Australian Red Cross, St John Ambulance, Telstra, Victorian Council of Churches, VicRoads and Banyule City Council. Victoria State Emergency Service must review the Banyule MEMPlan once every 3 years, and do so using evidence based audit criteria via a panel audit system. Victoria State Emergency Service has developed the MEMPlan Work Book – Audit Tool and Evidence Guide which details 24 audit questions and criteria which Victoria Police and Department of Health and Human Services also audit. The MEMPlan was audited on 20 May 2014 with the audit report being received 20 July 2014. The Banyule MEMPlan has achieved 24 out of 24 ‘complies more than adequately (best practice)’ score. We have been awarded “Complying with the Guidelines” certification on 11 August 2014.

CONCLUSION

Council has facilitated the full review of the Banyule MEMPlan by the Banyule MEMPC with the vision of sustaining an engaged community that is prepared and resilient to emergencies in our green, liveable and prosperous city. The MEMPlan has been audited by VicSES and has received “Complying with the Guidelines” certification for 3 years. Council needs to now endorse this plan in accordance with the Emergency Management Act 1986.

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MUNICIPAL EMERGENCY MANAGEMENT PLAN ENDORSEMENT cont’d


RECOMMENDATION

That Council: 1. Endorse the Banyule Municipal Emergency Management Plan. 2. Congratulate Council and agency staff for again achieving a Best Practice audit

result. 3. Acknowledge the ongoing work undertaken by the Banyule Municipal

Emergency Management Planning Committee and Council and agency staff in helping to prepare the municipality for emergency events.

ATTACHMENTS

No. Title Page

1 Banyule Municipal Emergency Management Plan 78

2.2



2.2 ORDER OF AUSTRALIA HONOURS - BANYULE RECIPIENTS

Author: Vivien Ferlaino - Governance & Information Co-ordinator, City Development

File: F2014

EXECUTIVE SUMMARY

The Order of Australia recognises those who have made outstanding contributions to their communities. These awards and appointments are publicly announced on Australia Day (26 January) and the Queen’s Birthday public holiday (June). The Council for the Order of Australia is an independent body that considers nominations for appointments and awards in the General Division of the Order. In this year’s Orders, several Banyule residents were honoured. The Mayor, on behalf of Council, will present Congratulation certificates to the recipients of the awards, in recognition of their contribution.



CITY PLAN

This report is in line with Council’s City Plan key direction to “celebrate and promote Banyule’s diversity and heritage”.

BACKGROUND

The purpose of the Order of Australia is to recognise, by national honour, those who have made outstanding contributions that benefit their communities, and ultimately our country. The Order of Australia also serves to define, encourage and reinforce community standards, national aspirations and ideals by acknowledging actions and achievement and thereby identifying role models at all levels and in all spheres of the community. There are two divisions of the Order of Australia: the General Division and the Military Division. Both have the following four levels:

Companion of the Order (AC)

Officer of the Order (AO)

Member of the Order (AM)

Medal of the Order (OAM)

http://www.gg.gov.au/sites/default/files/files/honours/COA%20Members%20-%20July2014.pdf

http://www.itsanhonour.gov.au/honours/awards/medals/companion_order_australia.cfm

http://www.itsanhonour.gov.au/honours/awards/medals/officer_order_australia.cfm

http://www.itsanhonour.gov.au/honours/awards/medals/member_order_australia.cfm

http://www.itsanhonour.gov.au/honours/awards/medals/medal_order_australia.cfm

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ORDER OF AUSTRALIA HONOURS - BANYULE RECIPIENTS cont’d


The Governor-General approves appointments and awards in the General Division on the recommendation of the Council of the Order of Australia and in the Military Division on the recommendation of the Minister for Defence. The Order operates on the principles of independence and freedom from political patronage. Honorary appointments in the Order of Australia may be made to people who are non-citizens of Australia and have given extraordinary service to Australia or humanity at large. Council for the Order of Australia The Council for the Order of Australia is an independent body that considers nominations for appointments and awards in the General Division of the Order and makes recommendations to the Governor-General. There are 19 members including representatives of every state, the Northern Territory and the Australian Capital Territory, public office holders (ex-officio) and community representatives. The community representatives on the Council are appointed by the Governor-General on the recommendation of the Prime Minister. The Council meets twice a year, usually in February and August, to consider whether each nominee in the Order of Australia has:

demonstrated achievement at a high level made a contribution over and above what might be reasonably expected

through paid employment, or made a voluntary contribution to the community which stands out from other

volunteers.

Announcements Awards and appointments in the Order of Australia are publicly announced on Australia Day (26 January) and The Queen’s Birthday public holiday (June). Recipients are invited to a ceremony where they are presented with their award in the Order of Australia by either the Governor General or State Governor or the Administrator of the Northern Territory (dependent on location and level of award) and take place twice a year, usually in April and September.

http://www.gg.gov.au/sites/default/files/files/honours/COA%20Members%20-%20July2014.pdf

2.2


ORDER OF AUSTRALIA HONOURS - BANYULE RECIPIENTS cont’d


Banyule Recipients

Name Award Citation

ANDREWS, Margaret Mary

Medal of the Order of Australia -OAM 26 January 2014

For service to the Catholic Church in Australia through a range of marriage education programs

BARKER, Ronald Frederick


For service to cultural heritage, particularly the history of fire services

DROWLEY, Wendy Margaret


For service to the performing arts

ELWORTHY, Robert William

Member of the Order of Australia - AM 9 June 2014

For significant service to veterans and their families, particularly to those who served in Vietnam, and to community health care.

ISAAC, John Norman Member of the Order of Australia - AM 9 June 2014

For significant service to the community of Melbourne, particularly through St Vincent's Hospital, and to the law.

WOODS, David Wilson Medal of the Order of Australia -OAM 9 June 2014

For service to the community through social welfare organisations, and to international aid programs

RECOMMENDATION

That Council congratulate the Banyule recipients of the Order of Australia honours.

ATTACHMENTS

Nil

3.1

Planet – Environmental Sustainability


3.1 ENVIRONMENTAL COMMUNICATIONS Author: Clayton Simpson - Resource Conservation Officer, City Development

File: F2014/249

EXECUTIVE SUMMARY

A range of publications have been produced to encourage environmental stewardship within the community and to highlight Council’s environmental sustainability work. Recent publications are highlighted in this report to raise awareness of these publications with Council and the community. This is intended to deepen the engagement between Council and the community on the strategic objective of Planet – Environmental Sustainability.



CITY PLAN

This report is in line with Council’s City Plan key direction to “act as environmental stewards” and for Council and the community to work together to reduce Banyule’s impact on the environment.

BACKGROUND

In accordance with the environmental stewardship key direction, Council delivers and supports environmental education programs in the community that promote biodiversity, water and energy conservation and waste avoidance, for example Spring Outdoors, Sustainable Homes and Communities and the Rethink Education Centre. Council also leads by example with projects that address these areas within its own operations, for example the stormwater harvesting project. These types of projects are communicated and demonstrated to the community so as to encourage the community’s own stewardship efforts.

ENVIRONMENTAL COMMUNICATIONS

To encourage environmental stewardship, a range of publications and educational material have been produced and made available to the public including the following:

How Council is becoming environmentally sustainable Fact sheet – double-sided one page summary of the range of environmental work that Council does in the biodiversity, water, energy, stewardship and waste areas.

3.1


ENVIRONMENTAL COMMUNICATIONS cont’d


How Council is helping the community act as environmental stewards Fact sheet – double double-sided one page summary of the Sustainable Homes and Communities, Positive Charge, Spring Outdoors and the Wildlife Corridor Program, Environmental Stewardship Grants, Home Harvest, Waste Wise Education and Rethink Centre programs, events and facilities.

Newsletter – GreenWrap subscription-based quarterly environmental news for residents and community members that highlights Council’s environment work and encourages community stewardship.

Brochure – Spring Outdoors annually published program of events in spring organised in conjunction with Manningham and Nillumbik Councils that encourages people to get outdoors and encourages stewardship of the natural environment or to learn about other areas of sustainability.

Folded poster/brochure – Banyule’s Indigenous Plants promotes the benefits of planting and protecting indigenous plants with a plant lists and illustrations and encouragement to contact Council for our ‘buy one, get one free’ indigenous plant offer.

Brochure – Weeds in Banyule explains what weeds are, the problems they cause, how to control them and helps identify weeds through photos and explanations.

Folded poster/brochure – Banyule’s Native Fauna highlights, with illustrations and explanations, the diversity of native animals, some of the pest animals that pose a threat and explains ‘living with wildlife’ and the concept of wildlife corridors that can help sustain faunal populations.

Brochure – Rabbit Control explains methods to control pest rabbits published in conjunction with Nillumbik, Manningham, Yarra Ranges and Port Phillip and Westernport Catchment Management Authority.

Booklet – Your Sustainable Garden encourages sustainable garden as a way to enhance the natural environment be explaining in detail good garden design, maintenance, composting and watering.

Booklet – Home Harvest published in conjunction with Manningham, Nillumbik and Whittlesea Councils and Sustainable Gardening Australia, this highlights the benefits of residents and the community growing their own food and explains good garden design in detail.

Postcard – Positive Charge promotes an energy saving advice service run in conjunction with the Moreland Energy Foundation which can help residents, businesses, schools and Council staff with the likes of installing solar panels.

3.1


ENVIRONMENTAL COMMUNICATIONS cont’d


Booklet – Your Garbage & Recycling Service informs the community about the garbage, recycling, green waste and other Council waste services.

Fact sheets – Rethink Eduction Centre educates the community about the Material Recovery Facility, landfill waste and material reprocessing processes that collected recyclables go through.

The communications have been written and designed to be visually appealing and easy to understand by their audiences. To appeal to a range of audiences, some of the communications are brief one page (doubled sided) summaries while some are more lengthy and detailed. The communications are available at Council office front counters and some are available digitally on the Council website. Further paper or digital copies are available from the Environmental Sustainability team. The above list of communications and educational material is not exhaustive. There are more Council environmental communications and those that other organisations provide for Banyule. They come in a range of media. For example, they include:

State of the Environment Report published annually

Council office front desk television display content

Sustainable Homes website: www.sustainablecommunities.vic.gov.au

Positive Charge website: www.positivecharge.com.au

Rethink Centre website: www.rethink.vic.gov.au

‘Avoid Waste Today’ displays on kerbside waste collection trucks

Kalparrin stormwater harvesting signs

Other organisation’s brochures at our front desks

CONCLUSION

A diverse and well-presented collection of publications and educational material has been made available to our communities to lead by example, encourage, inspire and guide environmental stewardship. It deepens the engagement between Council and the community and with other organisations that work in the environmental area. This will lead to improvements in overall environmental sustainability that builds upon and complements Council’s own work in the area.

RECOMMENDATION

That Council continues to support environmental stewardship activities to deepen the engagement between Council and the community in this important area.

ATTACHMENTS

Nil

http://www.sustainablecommunities.vic.gov.au/

http://www.positivecharge.com.au/

http://www.rethink.vic.gov.au/

4.1

Place – Sustainable Amenity and Built Environment


4.1 ENFORCEMENT OF ILLEGAL DUMPING OF RUBBISH IN PUBLIC PLACES

Authors: Gina Burden - Manager Governance, Information & Laws, City Development, & Russell Darling – Manager Operations, City Services

File: F2014/492

EXECUTIVE SUMMARY

Illegal rubbish dumping is not a problem isolated to Banyule. The cost and amenity issue it presents is something that all councils have to grapple with. This report investigates the current processes in place to deal with this costly problem and in particular recommends the expansion of the use of Closed Circuit Television (CCTV) surveillance cameras for use in the enforcement strategy against illegal dumping. The report considers the need for, and adoption of, a policy on the use of CCTV cameras in public places, which the Victorian Ombudsman has recommended councils adopt if they are to use these cameras for public purposes. Also discussed and considered are the various enforcement options including:

CCTV mobile cameras in hot spot areas

Prosecution of offenders

Working in partnership with DHS

Installation of signage

Media /education campaigns

Collection of dumped rubbish There is no quick fix or a single measure which will resolve the unfortunate problem of illegal rubbish dumping, however, Council will be in a better position to control how waste is deposited and removed if it sends a strong message to the community that it will not tolerate illegal dumping, by actively prosecuting offenders.



CITY PLAN

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

4.1


ENFORCEMENT OF ILLEGAL DUMPING OF RUBBISH IN PUBLIC PLACES cont’d


BACKGROUND

Council at its meeting on 8 April 2013, resolved the following motion in relation to illegal dumping of rubbish in public places:

“That the relevant Council Officers report to Council on measures which will:

a) police and prevent the dumping of rubbish in public places such as parks, gardens and nature strips;

b) catch and fine the offenders; c) collect and dispose of the rubbish as quickly as possible; d) advertise and promote the Council’s determination to clean up the

City. That the report considers self-funding the proposals through increased fines through greater policing and that the revenue also covers increased and more prompt collections. Furthermore, consideration be given to either fining or offering express service (at a cost) to residents who fail to pre-book a hard rubbish collection and only do so after they place the rubbish out for collection.”

The development of a report back to Council has involved input from the Municipal Laws area as well as the Operations area, specifically Cleansing. It has also involved the investigation and development of an appropriate policy regarding the use of CCTV cameras which it is suggested should be used as part of the enforcement strategy for illegal dumping.

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. A Human Rights Assessment has been undertaken as part of the development of the CCTV Interim Policy. The assessment has been included in the policy document.

LEGAL CONSIDERATION

Unauthorised dumping of rubbish is a litter offence which is able to be prosecuted by councils under the Environment Protection Act 1970 and the Litter Act 1987. Fines vary from $148 to over $7,000, according to the size and seriousness of the deposit and whether the offence has been committed by an individual or a company. The use of CCTV footage as an investigative tool for the commission of an offence is allowable for enforcement agencies but needs to be properly managed and regulated. There are a number of different types of legislation which can affect the use of CCTV, including: Surveillance Devices Act 1999; Information Privacy Act 2000; Public Records Act 1973; Private Security Act 2004; Charter of Human Rights and Responsibilities Act 2006; Freedom of Information Act 1982; and Evidence Act 2008.

4.1




In November 2012, the Victorian Ombudsman released guidelines for developing CCTV policies for Victorian public sector bodies. Considering the purpose and potential use of CCTV data and footage, the Ombudsman has an expectation that all government bodies, in particular councils, have a policy to regulate the management of CCTV. The policies are required to regulate appropriate CCTV use, collection, retention, security, privacy, access, disclosure, storage, disposal, monitoring and evaluation.

POLICY IMPLICATIONS

The Victorian Ombudsman’s Guidelines for developing CCTV policies for Victorian Public Sector Bodies has been used to develop an interim policy to manage and regulate the use of CCTV cameras by Council’s Municipal Laws Unit for the purposes of enforcing litter offences. Specifically the policy addresses how Council will manage its requirements and responsibilities with regard to the numerous pieces of legislation that have some bearing on the use of CCTV. A copy of the interim policy is attached. The reason for making the policy interim is that it is not intended to apply to all CCTV or surveillance cameras within Banyule, including those used as security cameras on public buildings. A more comprehensive and thorough policy process will need to be undertaken with regard to development of such a policy, which will require detailed consultation with key stakeholders and the community. Any change to Council’s hard waste collection service would also necessitate a change to Council’s current policy, and this is discussed further under the heading of Review of Hard Waste Collection Service.

DISCUSSION

Council plays a key role in managing waste and litter within our community. It provides bin based collection services, litter collection, enforcement, advocacy and education. Council currently provides garbage services to residential households, commercial businesses, non-rateable properties council facilities, sporting grounds and sporting clubs. Council also provides recycling collection services to residential households, non-rateable properties council facilities and some sporting clubs such as bowls and tennis. Council does not provide a recycling service to commercial businesses as there are private collectors who can effectively provide those services and businesses have indicated that they are unwilling to pay extra for a service which makes it an unviable option for council. Dumped rubbish is continuing to be an increasing problem in Banyule. Since the introduction of the 10% per year increase in the landfill levy in 2010, requests have increased by 16.75% per year. Prior to 2010 requests increased by 9.6% per year clearly indicating that the increasing cost of waste disposal is a large contributing factor to the dumping of rubbish. In the 2013/14 financial year Council collected a total of 698 tonnes of litter and dumped rubbish from road reserves, parks, gardens and bushland areas. The cost of disposal of this waste was approximately $71,150.

4.1




While Council has increased the resources for collection of dumped rubbish in 2014/15, actively collecting the dumped waste with no consequence maintains the amenity of the city but does not address the issue of dumping being illegal. It also will not change the behaviour of the people dumping and will likely contribute to an increase in waste collected. Council therefore needs to have a suite of programs to address the issue of dumped rubbish. These are:

1. Collection of rubbish that has been dumped 2. Education of the community as to the financial and environmental impact

caused by dumped rubbish. 3. Education of the community as to the legal consequence of dumping rubbish

and littering. 4. Active enforcement of litter laws.

Figure 1: Images of illegal dumping – Trail off Liberty Pde, West Heidelberg, and Chester Street, Bundoora.

ENFORCEMENT OPTIONS There are a number of options available to Council to manage the problem of illegal dumping, which are explored below. None of these measures is a solution in itself, but the combination of measures, together with public awareness, should help to mitigate the problem. This is the sort of problem that requires ongoing attention, vigilance and resourcing which comes at a cost to Council and the community. CCTV Cameras There is now camera technology available which is designed to work in all types of conditions and is specifically suited for capturing footage of offences. The Municipal Laws unit has been using one of these cameras to successfully address rubbish dumping issues outside the Watsonia Salvation Army store for the past two years. The surveillance camera has allowed officers to capture registration numbers of vehicles associated with the dumping and to issue infringements to offenders.

4.1




This particular camera is a static camera, which has been attached to the store and is powered by mains electricity, however, the camera technology that will be used for the purposes of rubbish dumping within the municipality is a mobile camera system that will allow officers to move the cameras to various hot spot areas. Officers have been trialling different cameras from a number of suppliers as not all CCTV cameras are suited to this purpose. To operate effectively the cameras need to work without access to electricity, have licence plate recognition, be mobile, and able to film in the dark or with very little light. One of the biggest issues however, is that while the camera may capture an offence of illegal dumping, without formally identifying the offender there would be no case. The most important part of this type of camera system is capturing the number plate so that the owner of the vehicle can be identified and prosecuted accordingly. Infringements The example of the Salvation Army store in Watsonia is a positive example of the effectiveness in prosecuting offences through the issuing of infringements. The CCTV cameras at the Salvation Army Store in Watsonia were specifically designed to be a roving camera able to be trained on each individual parking bay at the small shopping strip and fitted with number plate recognition technology. Over the past 12 months, 130 infringements have been issued for illegal dumping on the footpath outside the Store, with a total of 471 infringements having been issued since the camera was installed in September 2012. The value of infringements varies from between $148 for a small deposit of litter, to $282 for a large deposit. The number of infringements issued has dropped off markedly due to the enforcement action, resulting in a significant reduction in offending. It is also worth noting that a small number of the infringements have been contested in court and on each occasion Council has been successful in defending its action. DHS properties A significant proportion of litter and waste emanates from Department of Housing Services (DHS) properties within the City of Banyule. Due to the transient nature and higher turnover of residents it is difficult to identify or locate offenders, that is, by the time Council is made aware of the dumping, the offender has left the property. The current enforcement procedures which relies on seeking cooperation from DHS to arrange removal of the rubbish, is not adequately addressing the issues. It can take many weeks before the rubbish is removed by contractors organised by DHS, by which time a small pile of rubbish will have been added to by others and become a large pile. A preferable approach would be to perhaps enter into a partnership with DHS for Council to immediately remove this waste at a nominated fee. Council Officers are exploring this option with DHS in an attempt to provide a more satisfactory solution to the current situation.

4.1




Signage A requirement of the use of cameras for surveillance purposes, is the need for clear “dumping is illegal” signs notifying the public that cameras are in use in the area and indicating the level of fines that might apply. These signs will be placed in hot spots and other known areas where the cameras would operate and could act as a deterrent to dumping. In addition, Council officers will commence using barrier tape marked “Dumped Rubbish under Investigation” for any dumped rubbish requests notified to Local Laws. This tape wrapped around the rubbish will inform the surrounding public that a legal investigation process is underway with the potential of fines for the offenders if caught. Education Campaign Council will convene an internal working group to work on the issue of dumping of rubbish. The working group will collaborate to deliver a coordinated approach to addressing dumped rubbish avoidance. They will also prepare compliance messages to be delivered in education programs and in Council’s newsletter, social media, web site and the broader media as appropriate. The Environment Protection Authority suggests that the publication of successful outcomes and media exposure of specific measures introduced to address littering has proved beneficial in reducing the incidents of illegal dumping within other municipalities. The community will receive the message that Council is serious about addressing the issue and will prosecute offenders. Review of Hard Waste collection process The suggestion of offering an express hard waste collection service, at cost, to residents, is not considered practical or cost effective. In the second half of 2013 Council awarded a new contract for Hard Waste collection. The tender specifically required options for providing a responsive service independent of time of year so that collection lead times were not a cause for dumping of rubbish. Currently Hard Waste bookings are being collected in under two weeks from the date of booking. With only about 1% of booking requests requiring a faster service, an additional user pays express service would not be viable due to the low numbers and inefficient use of resources to provide the service.

FUNDING IMPLICATIONS

It is proposed to initially start with the purchase of one camera for the purpose of enforcing illegal rubbish dumping to ascertain the effectiveness of this as an enforcement option. Initial quotes for the appropriate system include approximately $8,000 for the camera equipment plus $240.00 per month data storage and around $900.00 for installation. This cost will be able to be met within existing operational budgets. While there is a cost for the purchase of the first camera, learnings from the placement of a camera outside the Watsonia Salvation Army store indicates that the fine income received will fund the cost of additional cameras. This income will also fund the ongoing placement of the cameras in the areas where offending occurs.

4.1




CONCLUSION

There are a number of measures that Council has been taking and trialling to deal with the costly and unsightly problem of illegal rubbish dumping within Banyule. In particular, the introduction of fixed and portable CCTV cameras in identified hot spots will assist in providing adequate evidence to initiate appropriate enforcement action against identified offenders. The use of a specially designed surveillance camera has proven to be a successful deterrent in relation to illegal dumping which was occurring outside the Watsonia Salvation Army store. Any further rollout of cameras will however, require Council to adopt a policy to regulate the use of the cameras and footage so as to ensure the protection of privacy and lawful use of the cameras for enforcement purposes. A concerted promotional campaign informing residents of the action Council will be taking and sending the message that Council is serious in cleaning up the City and prosecuting offenders, will also be a strong deterrent.

RECOMMENDATION

That: 1. Council endorse the trialling of moveable surveillance cameras for the purpose

of enforcing illegal rubbish dumping in hot spot areas;

2. A further report be presented to Council in 6 months advising of the outcome of the trial;

3. Council endorse and adopt the attached Banyule CCTV Interim Policy; 4. Council undertakes an education / media campaign informing residents of the

new approach to litter enforcement in the municipality; and 5. Council continue to provide a responsive service for collecting booked hard

waste and dumped rubbish within Banyule.

ATTACHMENTS

No. Title Page

1 Banyule CCTV Interim Policy 184

4.2



4.2 PROPOSED MULTI-DWELLING DEVELOPMENT AT 47 LOWER PLENTY ROAD, ROSANNA

Author: Jackie Bernoth - Acting Co-ordinator Development Planner , City Development

Ward: Ibbott

File: P494/2013

EXECUTIVE SUMMARY

The proposal is for the construction of an apartment development comprising of 18 dwellings in what presents as three distinct built forms. Planning approval is also required for the proposed modifications to access to a main road and for tree removal. The proposal is considered to achieve an appropriate balance between the need to provide an increase in residential density near activity centres whilst maintaining and enhancing the character of the area in which it is located. The amenity of surrounding properties is also appropriately maintained. The proposal incorporates a greater number of dwellings than that previously proposed for the site, however the apartment style of construction ensures that greater areas are provided for landscaping throughout the site, with significantly larger setbacks from both side and rear boundaries now proposed. It is recommended that the application be approved.

Planning Permit Application: P494/2013

Development Planner: Mrs Jackie Bernoth

Address: 47 Lower Plenty Road ROSANNA

Proposal: Multi-dwelling development (18 Dwellings), associated vegetation removal and alteration of access to a Road Zone Category 1

Existing Use/Development: Single dwelling

Applicant: Mr Anthony Quattrocchi

Zoning: General Residential Zone (GRZ1)

Overlays: Vegetation Protection Overlay (VPO5)

Notification (Advertising): Sign on site Notices to surrounding properties

Objections Received: Fourteen

Ward: Ibbott

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 47 LOWER PLENTY ROAD, ROSANNA cont’d


PROPOSAL

The proposal is for the construction of 18 apartment-style dwellings above a basement car park which would accommodate parking for 24 cars, 3 motor bikes and 35 bicycles. The advertised plans are included as Attachment 1 to this report. The dwellings would range in size from one to three bedrooms, with open spaces that vary from 8.1m2 balconies to ground level spaces of 137.7m2. A summary of the development is set out below:

Bedrooms Open space Car parking spaces

Lower Ground Floor

Dwelling 1 3 94.8m2 courtyard 2 (stacker)

Ground Floor

Dwelling 2 3 8.4m2 balcony 2 (stacker)

Dwelling 3 2 35.5m2 courtyard 1




Dwelling 13 1 8.8m2 balcony 1




First floor








Dwelling 18 2 8.5 m2 balcony 1

Total 20 resident spaces +1 surplus,

3 visitor spaces

Site area 2299m2

Dwelling Density 1:128m2

Site Coverage 47%

Impervious Site Coverage 62%

Whilst located within a single building with a shared basement car park, the building reads as three distinct forms, being the front two-storey component (containing three dwellings), the middle three-storey component (containing eight dwellings) and the rear three-storey component (containing seven dwellings). A minimum frontage setback of 9m is proposed to the front component, with side and rear boundary setbacks generally ranging from 4m to 6.9m, although a small single storey component is located at a setback of 2.1m from the northern boundary. The middle and rear (three storey) components of the building are proposed to have frontage setbacks of 21.8m and 48.2m respectively, with a separation of 5m between the middle and rear components.

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Due to the steep slope of the site from the front to the rear, the proposed basement car park is located at ground floor level at the front of the building, but 6.6m below ground at the rear. Similarly, whilst the development extends over three levels in its centre and rear, the building would present as no more than single storey in height to the rear, and between ½ storey and 2 ½ storeys in height when viewed from the side. The setback of the middle and rear components from the street mean that the development will essentially present as double storey from Lower Plenty Road. Pedestrian access to the rear building is provided via a pathway extending along the northern side of the buildings to a lobby with lift and stair access. Due to the slope of the site this pathway incorporates steps, however it is noted that access to the rear building is also available from within the basement garage via lift or stairs. The proposed design is modern contemporary with highly articulated facades and variation in materials and finishes (face brick, timber, render and Colorbond roof cladding), together with low pitched and skillion roof profiles to provide a visually interesting building with light weight upper levels.



BACKGROUND/HISTORY

A previous planning application (ref: P622/10) was considered by Council for the construction of eight townhouse style dwellings on the site (six two-storey and two single-storey dwellings) arranged around a central accessway. This application was refused by Council on 6 July 2011. The permit applicant subsequently lodged an application to VCAT to review the decision and sought to substitute amended plans at the hearing. The amended plans were considered to be a transformation of the proposal and the Tribunal Member refused the request. The permit applicant consequently withdrew their application for review.

The current proposal, in altering to an apartment style development, increases the number of dwellings proposed by ten, but also increases the boundary setbacks and reduces impervious surface coverage as follows:

Previous application Current application

Minimum frontage setback 9m 9m

Rear setback 1m 5m

Northern boundary setback

Nil – 3.8m 4m – 5.9m (4.2m wide section at 2.1m)

Southern boundary setback

Nil – 2.2m 5m – 6.9m

Open space areas provided

34 m2 – 46 m2 8.1 m2 – 137.7 m2

Site coverage 43% 47%

Impervious site coverage 71% 62%

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It is noted that in the intervening period there have been modifications to the Neighbourhood Character Policy, with this document now reflecting the fact that higher levels of site coverage may now be considered to be acceptable in Accessible areas as opposed to those outside of accessible areas. Notwithstanding this, the proposal’s reduced impervious surface coverage and the arrangement of garden areas in larger boundary setbacks (as opposed to smaller yard areas and incidental areas adjacent to driveways) means that the current proposal incorporates significantly better opportunities for landscaping than the previous proposal.

SUBJECT SITE AND SURROUNDING AREA

Figure 1: Locality Plan

The subject site is located on the north-western side of Lower Plenty Road in Rosanna. The site has an area of 2,299m2, is rectangular in shape, and has a frontage of 30.48 metres and a depth of 75.44 metres. The site has a significant fall of approximately 11 metres from the north western corner to its south eastern corner. A single dwelling, tennis court and swimming pool occupy the site, with the dwelling set back approximately 20 metres from the street frontage. Vegetation is present around the perimeter and within the front setback. The surrounding area is characterised by a mix of single dwellings and multi-dwelling developments. Adjoining to the north-east is a set of seven single storey dwellings with courtyards abutting the review site. To the north-west is another multi-dwelling development (55 Invermay Grove) with two of the dwellings and their respective secluded private open spaces within 5.5 metres of the review site’s rear boundary. To the south-west is a two storey dwelling (45 Lower Plenty Road). To its rear are the private open space yards of dwellings facing Mount Ida Avenue (single storey dwellings with large open space areas abutting the review site). Lower Plenty Road is a main road (Road Zone, Category 1). It is a four lane road and on-street parking is permitted outside of when the road operates as a ‘clearway’ between 4:30 and 6:30pm, Monday to Friday.

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The site is approximately 250m from the western end of the Rosanna Neighbourhood Activity Centre and 500 metres from Rosanna Railway Station. There is also a bus stop at the front of the site which is served by bus route 517 which provides a connection to shops and services at Greensborough, various schools and Northland Shopping Centre.

PUBLIC NOTIFICATION

The application was notified in accordance with section 52 of the Planning and Environment Act 1987 because it was deemed that the application could cause material detriment. As a result of advertising a total of fourteen objections have been received to date. Grounds of objection are summarised as follows: AMENITY AND SAFETY

Loss of privacy to 4 Mt Ida Avenue, 57 Invermay Grove, and 45 and 51 Lower Plenty Road;

Noise from cars, air conditioning/heating units and people;

Overshadowing to 4 Mt Ida Avenue, 57 Invermay Grove,

Loss of sunlight to 51 Lower Plenty Road;

The proposed pedestrian path is too close to 51 Lower Plenty Road and may pose a security risk to neighbours;

Will be too close to the boundary with 4 Mt Ida Avenue;

Impact on views from 4 Mt Ida Avenue and 57 Invermay Grove;

Visual bulk to 45, 50, 51 and 52 Lower Plenty Road and 57 Invermay Grove;

Conflict with bus stop;

The boundary fence with 51 Lower Plenty Road needs replacing;

Is there a fire plan? CAR PARKING AND TRAFFIC

Increased traffic and congestion;

Insufficient car parking;

Use of car stackers is inappropriate;

Additional on-street parking makes exit from properties unsafe;

Pollution due to proximity of cars and driveway to open space at 51 Lower Plenty Road;

NEIGHBOURHOOD CHARACTER

Will change the character of the area;

Tree removal is inappropriate;

May damage trees on neighbouring properties;

Insufficient open space and landscaping opportunities;

Site not appropriate for an apartment complex or this number of dwellings;

The proposed materials and ‘box-like’ design is inappropriate;

The proposal is too close to Lower Plenty Road; MISCELLANEOUS

What is the impact of the proposed site cut?

Impact upon existing infrastructure;

The proposal will not provide quality homes for families or the elderly;

Design detail/ style is not appropriate;

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Rubbish collection;

Overdevelopment of the site; and

Overcrowding leads to mental health issues.

CONSULTATION

A consultation meeting was held with objectors and the local Ward Councillor on 21 May 2014. No new issues or concerns were raised at the meeting beyond that which were identified in the written objections. No resolution or agreement for amendments was achieved at this meeting. Following detailed assessment of the proposal, officers also met with the permit applicant to discuss the presentation of the proposal to the street and to the west. As a result of these discussions, the applicant supplied an updated plan and elevations for Dwellings 1 and 2 (dated 4 August 2014). These plans indicate use of a skillion roof form to the front of the dwelling, with greater articulation to the front façade. It is considered that these changes are an improvement to the streetscape presentation of the proposal, however the changes in themselves are not so significant to warrant re-advertising of the proposal. Perspectives have also been provided to assist in understanding the views available to the building from outside the site. This drawing is contained in Attachment 2 to this report. It is recommended that in supporting the application Council require the changes shown on it.

REFERRAL COMMENTS

The application was referred to Council’s Developments Engineers, Environmentally Sustainable Design consultant, VicRoads and Public Transport Victoria for comment. Details of their responses are contained in Attachment 3 to this report, however in summary:

The proposed parking provision and layout is considered to be acceptable;

The proposed tree removal is acceptable;

Subject to appropriate tree protection conditions, Trees 22 and 23 (on site) and trees on the adjoining properties will not be negatively affected by the proposal;

Additional investigation is required in order to determine the impact of the proposed works on the street tree outside the site;

Some clarification is required in relation to rainwater tank sizing etc., and the way that the proposal is screened to restrict overlooking to the neighbouring properties should be considered in light of the impact of screening on the energy efficiency of dwellings

PLANNING CONTROLS

Control Clause Permit Triggered?

General Residential Zone 32.08 Yes

Vegetation Protection Overlay (VPO5)

42.02 Yes Permit required to remove Trees 4, 16, 18, 21, 28

Land Adjacent to a Road Zone Category 1

52.29 Yes Altered access to Lower Plenty Road

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TECHNICAL CONSIDERATION

STRATEGIC CONTEXT The subject site is located in an area considered to be accessible to services and as such is identified for change. Its proximity to the Rosanna Village Activity Centre with associated parkland and community, commercial, transport facilities, along with the size of the allotment, suit it to multi-dwelling development. Clause 21.06 (Residential Areas Framework) places the site within an ‘Accessible’ Residential Area. As stated above, these areas will provide:

…town house and other medium density living and some dispersed single dwellings. Some opportunities for higher density housing will also exist. These areas include strategic redevelopment sites that provide for medium density and a higher density housing component. Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting.

[Emphasis added] Whilst apartment style development has not occurred to the south of the shopping strip to date, there are numerous examples of multi dwelling development in the area, with apartment style development both within the shopping strip and to its north. This form of development in this location is clearly contemplated by the Framework, with the qualifier being that the built form must make a positive contribution to the desired future character, including opportunities for tree protection and planting. The form of the proposed development allows such opportunities, and significantly provides greater space for landscaping and greater boundary setbacks than would be accommodated in a more traditional unit development. For example, the previously refused multi dwelling development for this site included boundary setbacks that ranged from garage walls on the boundary through to a maximum setback of 3.8m, whilst development on the adjoining properties is often sited within 3m of the boundary with the subject site. By comparison, the apartment style proposed allows for a southern boundary setback which ranges between 4m and 6.9m, a 5m setback to the rear, and a 4m setback along the majority of the northern boundary. On balance, the proposal is considered to make a positive contribution to the desired future character, in the following ways:

The presentation of the development to the street is two storeys with the three storey components positioned deeper within the site.

The setback of the built form from the frontage (9 metres) is consistent with the prevailing setback of dwellings from Lower Plenty Road and means that two substantial trees (Tree nos 22 and 23) can be retained.

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The proposal will result in the removal of all other vegetation on the site – however, none of these trees are considered worthy of retention. In their place, a significant number of new canopy trees will be established on site including at least one new large canopy tree, four new medium canopy trees and at least fourteen small canopy trees. This exceeds the requirement to provide one medium-large tree per 400m2 of site area (i.e. 6 trees).

Site coverage is 47% which exceeds the preferred maximum of 40%. The policy does however state that this can be varied if the site is in an ‘Accessible’ area and demonstrates that that the vegetated character can be maintained. A variation in this instance is considered acceptable given the significant number of new trees that can be provided on site.

Whilst the design is contemporary in its style, the front two-storey component incorporates elements of the surrounding character such as a low pitched roof form with narrow eaves. The skillion roof forms which are located over the three storey components are set deeper within the site and would appear as recessive elements to the street. Overall the proposed built form is considered to be of a high architectural quality, is highly articulated and incorporates an appropriate mix of building materials and finishes/ colours (including face brick, timber cladding, render and Colorbond roof cladding in earthy colours).

There is one (double width) common accessway providing access into a basement garage.

Assessments of the proposal against the provisions of Clause 55 of the Planning Scheme and Council’s Neighbourhood Character Policy are included as Attachments 4 and 5 to this report. AMENITY IMPLICATIONS The proposal has been designed to minimise overlooking to the adjoining properties by means of a combination of the proposed site cut, use of highlight windows, and use of screening measures such as obscure glazing. The result is that minimal overlooking is possible into the adjoining properties. Areas that warrant additional discussion are as follows:

There is some potential for overlooking of the adjoining properties from the north and south facing lobby and stairwell windows of the rear component of the building. These spaces are transitory in nature, and their setback from the property boundaries also reduces the potential for overlooking of the adjoining properties. It is considered that screening of these windows is not required;

The proposal includes screening of west facing windows to Dwelling 17 where these windows will in fact be screened by the existing boundary fence. It is considered that screening of these windows is not warranted, and that the internal amenity of the dwelling would be better improved through the provision of clear glass to these windows.

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The shadow diagrams submitted with the application indicate that the front and central portions of the built form would cast some additional shadow to the adjoining properties at 45 Lower Plenty Road and 4 Mt Ida Avenue at 9am on 22 September. The shadow cast is, particularly in the case of 4 Mt Ida Avenue, quite limited in extent, and no additional shadow is cast to the adjoining properties at either noon or 3pm. The extent of overshadowing proposed is well within the range that is considered to be acceptable by ResCode. It should also be noted that the shadow diagrams indicate the line of shadow cast on the ground, and that the elevated deck and windows at 47 Lower Plenty Road would be unlikely to experience any overshadowing at 9am at the equinox. TREE IMPLICATIONS The proposal incorporates the removal of a total of 25 trees from the site, with the retention of Trees 22 and 23 within the frontage setback. Council’s arborist has advised that these trees, along with those on the adjoining properties, can be retained as proposed, provided that they are appropriately protected during construction works. Of the trees proposed for removal, Trees 4, 16, 18, 21 and 28 are protected by the Vegetation Protection Overlay. The applicant’s arborist describes them as follows: No. Species Height Width Rating and Comment

4 Melaleuca stypehelioides Prickly-leaved paperbark

8m 6m Low Multiple stems with structurally defective attachment

16 Acmena smithii Lilly Pilly

7m 5m Low Structurally defective primary limb attachment, developed in sheltered position

18 Syzygium austral Scrub Cherry

11m 5m Low Structurally defective primary and subordinate limb attachments, developed in sheltered position

21 Syzygium austral Scrub Cherry

7m 6m Low Structurally defective primary and subordinate limb attachments, developed in sheltered position

28 Melaleuca linariifolia Snow in Summer

6m 8m Low Multiple limb failure, canopy separation, structurally defective primary limb attachments

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As confirmed by Council’s arborist, the removal of these trees is acceptable. However, to allow for the treed character of the area to be maintained in the medium-long term it is necessary to provide appropriate replacement planting. The landscape concept/tree planting zone plan provided with the application indicates the provision of an additional one large, six medium and 14 small trees on the land. This provision would appear to be largely achievable, and is considered to be acceptable response to the Neighbourhood Character Policy’s desire to achieve the planting of six medium-large trees on the land, with a preference for larger trees and at least one large tree in the front setback. However, improvements in the size of trees (and in particular their canopy spread) are to be encouraged through the provision of a detailed landscape plan. Use of species with spreading canopies, rather than a hedge, along the northern boundary should be specifically investigated. This can be required by permit condition. TRAFFIC AND PARKING IMPLICATIONS The proposal incorporates the provision of 24 parking spaces, 21 of which would be allocated to the dwellings and 3 for visitors. In addition, three motorbike and 35 bicycle parking spaces are indicated. This provision compares favourably with the planning scheme requirement for:

20 parking spaces for residents

3 parking spaces for visitors

No bicycle parking spaces It is considered that the proposed parking provision is acceptable, particularly having regard to the site’s proximity to public transport and other services. Lower Plenty Road is a main road, and the additional traffic generated by the proposal (in the order of 170 vehicle movements a day) will not be noticeable to users of that roadway. ADDITIONAL OBJECTOR CONCERNS The majority of objector concerns have been addressed above and in the attached Neighbourhood Character and Clause 55 assessments. However comment in relation to additional matters is as follows:

The proposed pedestrian walkway is located at and below natural ground level, and will not present either a security or privacy risk to the adjoining property.

It is a longstanding planning principle that there is no statutory right to a view in a suburban context. The proposal will potentially alter the outlook from adjoining properties, however it is considered that the height and location of the building is not so significant to be considered to be enclosing as viewed from those properties. This is particularly the case from those properties who have raised it as an issue:

o The rear yard of 4 Mt Ida Avenue is located directly adjacent to the 5m

space between the central and rear built forms;

o The property correctly known as 55 Invermay Grove (referred to as No. 57

by the objectors) is located to the rear, where the built form presents as no more than 1 ½ storeys in height, and at a setback of 5m from the boundary; and

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o The dwelling at 45 Lower Plnety Road is elevated above the subject site,

and whilst the proposed built form largely presents as 1 – ½ storeys in height when viewed from that property, the proposal is in fact lower than the existing dwelling on that property, which would retain views over the site towards Rosanna Village.

In this context also, the concern that overcrowding and an associated loss of outlook causes mental health issues would appear to be unfounded.

The replacement of boundary fences is a matter to be negotiated between property owners, and does not form part of consideration of a planning application.

It is noted that the site is not subject to risk of bushfire. However, all residents are encouraged by fire authorities to have a fire plan. This would be a matter for any body corporate or individual occupiers to consider.

The plans indicate site cut for the basement which is located well inside the property, with additional site works appearing to also be proposed approximately 1.5m from the boundary in the rear section of the site. This is not fully documented in the proposed plans. Any landscape plan should include details of finished surface levels and any retaining walls. These would need to be appropriately designed and the relevant building permit obtained for them, at which point the ability of the retaining walls to perform the desired function would be assessed.

CONCLUSION

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

RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P494/2013 for a multi-dwelling development (18 dwellings), associated vegetation removal and alteration of access to a Road Zone, Category 1 at 47 Lower Plenty Road ROSANNA 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) Modifications to the layout and façade presentation of Dwellings 1 and 2, generally in accordance with the discussion plan provided to Council on 4 August 2014;

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(b) The southern elevation modified to indicate the south facing window of Dwelling 17;

(c) The north elevation or the floor plan of Dwelling 15 altered to accord with one another with respect to the living area windows of that dwelling;

(d) Deletion of the proposed obscure glazing to the lower sections of the west facing windows of Dwelling 17, with these panes replaced with clear glazing;

(e) Siting and dimensions of external heating/ cooling units for each dwelling, as required.

(f) Details of ventilation systems within the basement garage annotated on the plans.

(g) Details of any over-bonnet storage or otherwise (minimum 6m3) provided for each dwelling.

(h) All balconies fully dimensioned and complying with minimum requirements Clause 55, Standard B28 (Private open space) of the Banyule Planning Scheme.

(i) Details of any lift overruns shown on the plans.

(j) Landscaping as required by Condition 2 of this permit.

(k) The Tree Preservation Fencing in accordance with Condition 12 of this permit.

(l) A Waste Management Plan in accordance with Condition 14 of this permit.

(m) 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; and

(ii) The connection to the Council nominated legal point of discharge. 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.

(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 the proposed finished surface levels and associated site cut and fill, retaining walls and batters. It is anticipated that this will include the provision of sections through the site;

(b) Details of planting throughout the site.

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

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

(e) Planting adjacent to driveways and within landscaping zones to consist of varying heights and species.

(f) Provision of canopy trees including at least two new large canopy trees (one in the front setback and one along the southern side of the development) (mature height of +13m), four new medium canopy trees (mature height of at least 8m to 12m) and at least twelve small canopy trees (mature height of at least 5m to 8m), with a predominance of trees with spreading, rather than fastigiated forms.

Note: Tree planting zones are to have sufficient area to accommodate the trees required (refer to the ‘Banyule City Council Tree Planting Zone Guidelines, January 2011). Trees must also be planted at a semi-advanced state (minimum pot size 40 litre).

(g) An indigenous and/or drought tolerant planting theme.

(h) 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.

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

General (3) The development as shown on the endorsed plans or described in the

endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

(4) 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 (5) 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.

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(6) 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.

(7) 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 (8) 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.

(9) Any underground service installations within a Tree Protection Zone must be

bored to a depth of at least 600mm. (10) Prior to the commencement of construction, the project arborist must undertake

or coordinate an exploratory dig along the line of the proposed crossover nearest to Tree #24, and contact council’s development planning arborists to arrange an inspection. Once the tree roots have been exposed, roots are to be cleanly severed and further maintenance requirements are to be identified and scheduled.

(11) Where decking is proposed within the TPZ of any retained tree, any and all

excavations for posts must be undertaken by hand under the supervision of the project arborist, and final post locations must be set away from structural roots. Furthermore, the decking must be constructed using the minimum number of piers necessary, and so that gaps between boards are no more or less than 6mm in width.

(12) Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works (including demolition) on the site Tree Preservation Zones must be established around Trees 10, 13, 14, 22-26, and #2. You must contact Council’s Development Planning Arborist on 9457 9808 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 until the conclusion of works 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 TPZ where it occurs within the subject property of all trees indicated as being retained on the endorsed plan. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.

(b) Management of works

A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees.

(c) Weed control

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

(d) Fencing

(i) Protective fencing must consist of chain wire mesh panels with shade cloth attached, held in place with concrete feet.

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

(iii) Canopy and Limb protection must be provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.

(e) Signage

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

(f) Irrigation

The area must be irrigated during the summer months with 5 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 TPZ area occurring within the subject site).

(g) Access to Tree Preservation Zone

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

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

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

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(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 9808. Consent for the conduct of further works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of at least 0.6 metres;

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

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

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

(13) All and any tree pruning is to be carried out by a trained and competent arborist

who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees.

Rubbish Collection (14) The development permitted by this permit must not be commenced until a

satisfactory Waste Management 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) Dimensions of waste areas.

(b) The number of bins to be provided and capacity.

(c) Details on method and frequency of cleaning and maintenance of waste areas.

(d) Details of ventilation.

(e) Details of unwanted goods storage.

(f) Method of waste and recyclables collection including the need to provide for private services or utilisation of Council services.

(g) Hours of waste and recyclables collection.

(h) Measures to minimise impact upon local residential amenity.

(i) Method of presentation of bins for waste collection.

(j) Strategies for how the generation of waste and recyclables from the development will be minimised.

(k) If waste is to arrive in the basement level refuse room via a chute system details as to how waste will be sorted into hard and recycling waste to ensure minimal landfill results.

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(l) Details as to how prospective purchasers will be made aware that all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land.

When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

VicRoads (15) The crossover and driveway are to be constructed to the satisfaction of the

VicRoads and the Responsible Authority and at no cost to VicRoads prior to the commencement of the use or the occupation of the works hereby approved.

(16) All disused or redundant vehicle crossings must be removed and the area reinstated to the satisfaction of and at no cost to VicRoads.

Public Transport Victoria (17) The permit holder must take all reasonable steps to ensure that disruption to

bus operations along Lower Plenty Road is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.

(18) The existing bus stop associated infrastructure on Lower Plenty Road must not be altered without the prior consent of Public Transport Victoria. Any alterations including temporary works or damage during construction must be rectified to the satisfaction of Public Transport Victoria and at the cost of the permit holder.

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;

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.

4.2




Permit Notes (A) Expiry of Permit

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

(B) Building Permit Required

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

(C) Building over Easements

No structure shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

(D) 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.

(E) 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:

Front Building Dwelling 1 – 1/47 Lower Plenty Road, Rosanna Dwelling 2 – 2/47 Lower Plenty Road, Rosanna Dwelling 3 – 3/47 Lower Plenty Road, Rosanna Dwelling 4 – 4/47 Lower Plenty Road, Rosanna Dwelling 5 – 5/47 Lower Plenty Road, Rosanna Dwelling 6 – 6/47 Lower Plenty Road, Rosanna Dwelling 7 – 7/47 Lower Plenty Road, Rosanna Dwelling 8 – 8/47 Lower Plenty Road, Rosanna Dwelling 9 – 9/47 Lower Plenty Road, Rosanna Dwelling 10 – 10/47 Lower Plenty Road, Rosanna Dwelling 13 – 11/47 Lower Plenty Road, Rosanna

4.2




Rear Building Dwelling 11 – 12/47 Lower Plenty Road, Rosanna Dwelling 12 – 13/47 Lower Plenty Road, Rosanna Dwelling 14 – 14/47 Lower Plenty Road, Rosanna Dwelling 15 – 15/47 Lower Plenty Road, Rosanna Dwelling 16 – 16/47 Lower Plenty Road, Rosanna Dwelling 17 – 17/47 Lower Plenty Road, Rosanna Dwelling 18 – 18/47 Lower Plenty Road, Rosanna

(F) Memorandum of Consent for Works Council’s Construction Department must supervise all works undertaken on

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

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

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

(G) Building Site Code of Practice

All construction works must comply with the requirements of the ‘Building Site

Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

(H) VicRoads

The proposed development requires the construction of a new crossover and reinstatement of disused crossovers to kerb and channel. Separate approval under the Road Management Act for this activity may be required from VicRoads. Please contact VicRoads prior to commencing any works.

Traffic management plan shall be submitted to VicRoads for consent at least 15 days prior to the commencement of any works on the road reserve. No traffic management devices are to be erected until VicRoads issues authorisation for the erection of those devices in accordance with the traffic management plan.

Work site traffic management practices on Lower Plenty Road must be in accordance with “Road Management Act 2004 – Worksite Safety Traffic Management – Code of Practice” and Australian Standard AS 1742.3 - 2009 “Manual of Uniform Traffic Control Devices – Part 3: Traffic Control Devices for Works on Roads”. If traffic congestion becomes excessive at anytime, the contractor must undertake measures to ease congestion.

ATTACHMENTS

No. Title Page

1 Advertised plans 193

4.2




2 Modified plan 4 August 2014 207

3 Additional Background Information 209

4 Clause 55 Assessment 212

5 Neighbourhood Character Policy Assessment 217

4.3



4.3 EDUCATION SITE OPPORTUNITY ADVOCACY PROGRESS AND SCHOOL SITES REDEVELOPMENT PROJECT UPDATE

Author: Michael Hutchison - Projects Coordinator, City Development

Ward: Olympia

File: F2013/876

Previous Items Council on 3 March 2014 (Item 1.3 - Petition to retain and reopen Bellfield, Haig

Street and Banksia College School sites)

Council on 31 March 2014 (Item 1.1 - Further signatories to petition to retain and reopen Bellfield, Haig Street and Banksia College School Sites)

Council on 19 May 2014 (Item 5.2 - School sites redevelopment project: Community engagement and advocacy update)

EXECUTIVE SUMMARY

This report provides an update in relation to the education site opportunity at part of the former Banksia Secondary College site located at 230 Banksia Street, Bellfield. Further correspondence from Department of Education and Early Childhood Development (DEECD) on behalf of the Minister for Education was received on 1 August 2014 advising that DEECD demographic forecasting indicates sufficient capacity surrounding the former Banksia Street school site. It is recommended that Council continue to work with the DEECD and the Metropolitan Planning Authority (MPA) and advocate on behalf of the community on the need for school options in the local area. An overall update on the status and progress of the other former school sites is also provided.



CITY PLAN

This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

4.3


EDUCATION SITE OPPORTUNITY ADVOCACY PROGRESS AND SCHOOL SITES REDEVELOPMENT PROJECT UPDATE cont’d


BACKGROUND

Locality Plan

Council purchased the three former school sites from the Minister for Education with settlement occurring on 11 November 2013. The three former school sites are located as follows:

Figure 1 – Former school sites located in the Olympia Ward (top to bottom)

1. Former Haig Street Primary School site: 52 Haig Street, Heidelberg Heights (“Haig Street site”)

2. Former Banksia-Latrobe Secondary College site: 228-230 Banksia Street, Bellfield (“Bellfield site”.)

3. Former Bellfield Primary School site: 229 Banksia Street, Ivanhoe (“Ivanhoe site”).

Through the following actions, Council has been active in communicating community feedback on the need for schooling options to Government and the Opposition.

Date/Item Resolution Action/comment Resolution (CO2014/38) 3 March 2014

That Council: 1. Write to Minster for Education and the Shadow Minister for Education, Minister for Planning and Shadow Minister for Planning and other local members providing a copy of the petition on local educational needs and the loss of the three former school sites. 2. Request the State Government and State Opposition confirm its position of delivering on future educational needs in the 3081 local area and any expansion of existing local schools. 3. Council request the Education Department to provide predicated future school enrolment figures for the Banyule area and an indication on the available capacity to meet that demand. Council offers to meet with Education Department officers to discuss education opportunities within Banyule. 4. Council now seek formal advice on

Council has requested the State Government and Opposition confirm its position of delivering on future educational needs. A response on behalf of the Minister for Education was received 5 May 2014. The correspondence advises that whilst DEECD is aware of enrolment pressure in schools such as Ivanhoe Primary School its analysis shows there is sufficient primary and secondary capacity in the areas around the former Haig Street Primary school, Bellfield Primary school and Banksia Secondary College to accommodate the forecasted government school population expected to live in the area in the medium term. The letter did not indicate interest in purchasing back the sites offered

4.3




Date/Item Resolution Action/comment government interest in purchasing back part of the former Banksia Secondary College site and or the Bellfield site given its adjacent location to the proposed stadium precinct and community facilities.

Council has concurrently progressed exploring development opportunities for the sites.

Resolution (CO2014/121) 19 May 2014

That Council confirms that the land known as 230 Banksia Street, Bellfield, has been made available for a new education facility subject to the State Government committing to purchase this land prior to the next State election.

Council has sent further letters to the State Minister for Education, The State Shadow Minister for Education, The State Member for Ivanhoe and the Liberal Candidate for Ivanhoe advising that Council would consider selling part of the land at 230 Banksia Street, Bellfield at a price to be determined by valuation undertaken by the Valuer-General Victoria. The letter reconfirms Council’s position that the land will remain available for a new educational facility until the State election in November 2014 A response has been received from DEECD on behalf of the Minister for Education and is discussed in this report.

CURRENT SITUATION

Bellfield site In response to community concern about the lack of local schooling options for families in the area since the closure of three local schools, Council has sought formal advice from the State Government and the Opposition on their interest in buying back part of the former secondary college site in Bellfield to use for an education site. Council’s representations on behalf of the community have resulted in a further response from the Department of Education and Early Childhood Development (DEECD) on behalf of the Minister for Education, which was received on 1 August 2014. This response (attached) indicates that there is sufficient school capacity surrounding the former Banksia Secondary College site. The letter does, however, indicate that DEECD will work with Council and the Metropolitan Planning Authority (MPA) to monitor long-term population growth and the need for future education facilities. It should be noted that no formal response has been received from the Opposition in response to Council’s representations. Haig Street site Community engagement and planning application A community information session in relation to the proposed development, open space and local traffic is planned for 11 September 2014. In the meantime, the purchaser (Metricon) is preparing their planning application.

4.3




Ivanhoe site Request for Tender (RFT) – Ivanhoe redevelopment site Shortlisted respondents from the Expression of Interest (EOI) process have been invited to a RFT phase. This is similar to the approach taken for the Haig Street site. It is anticipated that the appointment of developer(s) for the site will be finalised by early 2015, with planning processes for the redevelopment following the appointment. Stadium Precinct – Banksia Street Planning for the Banksia Community Stadium precinct is progressing and Council is actively engaging with a range of stakeholders to develop the most appropriate outcome for the site. Council is also continuing to seek government support for funding.

CONSULTATION

Further consultation is proposed as follows: Haig Street site As indicated above, a further community information session is proposed for 11 September 2014. This session will provide an opportunity for details of the development proposal to be presented to the community. The information session will also provide an opportunity for engagement on the proposed open space and local traffic management. Opportunity also remains for the community to participate further in the public process when the development proposal is formally advertised in accordance with the provisions of the planning scheme. Ivanhoe and Bellfield sites Council will continue to keep the community updated on progress with these sites and its advocacy work in relation to community concerns about reduced schooling options in the area and the State Government and Opposition’s response to questions about their interest in using part of the land on the Bellfield site to build a new school.

DISCUSSION

The offer to the state government and opposition needs to be considered in the context of the recent launch of Plan Melbourne. As the planning framework for metropolitan Melbourne, Plan Melbourne recognises the current employment strengths and potential future growth of LaTrobe University, Northland Shopping Centre, Austin Biomedical Centre and the Heidelberg Activity Centre. It is also seeking to build on these strengths. Accordingly it has designated the area as the LaTrobe Employment Cluster.

4.3




To support this designation, and ensure planning meets the needs of a growing working and residential population, Government has allocated grant funds to Darebin and Banyule City Councils to assess current community infrastructure capacity and its potential to meet long term growth. These investigations will be conducted in the period 2014 – 2015. It is noted that Council commissioned a community needs infrastructure study titled “3081 Community Services Strategy and Facilities Plan” which was adopted in May 2013. This study identified the service and community infrastructure priorities for Heidelberg West, Bellfield and Heidelberg Heights to assist Council’s strategic investment in improved life outcomes for children, young people and adults in the postcode 3081 area. The study assumed that there is very likely to be population growth in this area well beyond the published forecasts. Building on DEECD’s indication that it is willing to continue discussions with Council in the context of MPA population growth impacts, it is considered that Council’s advocacy in respect to school needs would best be advanced by including an investigation of educational needs in the proposed employment cluster community infrastructure plan.

CONCLUSION

Council’s advocacy in respect to the schooling needs of the local community remains active in the lead up to the state election. Additional advocacy will be pursued as part of strategic planning for the LaTrobe Employment Cluster, and associated grant funded community infrastructure capacity investigations.

RECOMMENDATION

That Council: 1. Reconfirms its position that the land known as crown allotment 2081 will remain

available for a new educational facility until the state election on 29 November 2014.

2. Continues to work with Darebin Council and the Metropolitan Planning

Authority on community infrastructure capacity and the planning framework for the LaTrobe Employment Cluster including future educational needs in the area.

ATTACHMENTS

No. Title Page

1 Letter of response from DEECD 222

5.1

Participation – Community Involvement in Community Life


5.1 DISABILITY ACTION PLAN Authors: Theonie Tacticos - Team Leader Community & Social Planning, & Catherine Simcox - Community & Social Planning Team Consultant, Corporate Services

File: F2014/309

EXECUTIVE SUMMARY

The Banyule Disability Action Plan (DAP) 2009-2013 has expired and a review of its implementation has been undertaken. It was found that staff within Council’s various service areas generally had a strong appreciation of their need to comply with disability standards, with 92% of the actions being actively implemented or completed. To meet Council’s obligation to the Victorian Disability Act (2006) an interim DAP 2014/15 has been developed for Council adoption. This is only an interim DAP whilst a longer term plan is developed in partnership with local organisations and the community.



CITY PLAN

This report is in line with Council’s City Plan 2013 – 2017, it directly links to the Participation objective and key direction 4.2 “encourage diverse and inclusive community participation”.

BACKGROUND

Banyule City Council is home to 124,475 people1 with approximately 20% of residents self-reporting that they have a permanent or long term disability2. This is approximately 24,895 residents with one or more forms of disability such as physical, hearing impairment, blindness, psychological, intellectual or acquired brain injury. The Disability Action Plan (DAP) outlines Council’s commitment to work towards building a strong and inclusive community that welcomes and values the contributions of all its citizens. The DAP identifies issues and barriers that people with a disability, their families and carers face in accessing Council services and participating in community life and includes proposed actions to address these barriers.

1 Id. (2013) Community Profile

2 Banyule City Council (2011) Household Survey by Metropolis Research

5.1


DISABILITY ACTION PLAN cont’d



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 negative human rights issues. The DAP supports that everyone is entitled to equal and effective protection against discrimination, and to enjoy their human rights without discrimination, which reflects and enhances the rights within section 9 of the Victorian Charter of Human Rights and Responsibilities.

CURRENT SITUATION

The Banyule Disability Action Plan (DAP) 2009-2013 has expired and a review of its implementation has been undertaken. The interim DAP 2014/15 is a 12 month plan to be implemented whilst a longer term plan is developed in partnership with local organisations and the community. The development of the interim DAP 2014/15 has involved:

analysis of past DAP reviews;

examination of the current policy environment;

engagement with Banyule City Council officers;

identifying links with existing Council strategies, such as the Council Annual Business Plan.

The interim DAP 2014/15 has also been developed using Council’s new Inclusion Access and Equity Framework (IAEF). The IAEF provides a consistent approach and methodology to supporting Council’s diverse communities. The actions of the interim DAP 2014/15 have been organised under the three Goals of Council’s IAEF:

1. Health and Wellbeing

2. Community Participation

3. Economic Participation Three other plans are included under the IAEF:

Multicultural Plan;

Aboriginal and Torres Strait Islander Plan;

Gay, Lesbian, Bi-sexual, Transgender & Intersex (GLBTI) Plan. Please note that the IAEF and the above three plans are currently being drafted and will be available for community comment in September 2014. Please refer to Attachment 1 for the interim DAP 2014/15.

LEGAL CONSIDERATION

As a provider of disability services the Banyule City Council needs to meet its obligation to the Victorian Disability Act (2006) and the Disability Discrimination Act (1992) which requires Banyule City Council to have a current plan on how it proposes to address a wide range of issues and barriers facing people with a disability.

5.1





The implementation of the DAP will be funded from within Council’s existing resources. Some actions may require Council’s consideration for funding within the development of each annual budget planning cycle, and these funding decisions will be made by Council in consideration of all priorities. POLICY IMPLICATIONS The National Disability Insurance Scheme (NDIS) is the new way of providing community linking, and individualised support for people with permanent and significant disability, their families and carers. It is a collaborative process between the Federal and State/ Territory governments and it is progressively being rolled out at trial sites around Australia. The implementation of the NDIS will impact Banyule residents and have a potential impact on Banyule City Council services. Relevant Business Units need to remain alert on the roll out of the NDIS. ‘Living Longer Living Better’ was the plan released by the Gillard federal government in April 2012 to address Aged Care Reform. Many parts of the proposed reforms are still under development/ consideration. Banyule City Council is a key provider of home and community care (HACC) services for older people and some people with a disability. The Aged Care Reforms will impact the future delivery of HACC services. Banyule City Council needs to be aware of how these changes will impact Council resources in the delivery of these services. The Aged Care Reforms will also impact residents, be it an older person, person with a disability, carer or family member. Banyule City Council will need a clear understanding of its role and responsibilities to Banyule residents in regards to disability and older person support and services.

CONSULTATION

Banyule City Council officers were consulted in the review of the DAP 2009- 2013 and development of the interim DAP 2014/15. The following Council Service Units contributed to the review:

Youth & Community Partnerships,

Health & Ageing

Development Planning,

Assets Management,

Strategic Planning,

Leisure Services & Cultural Services,

Governance Information & Laws,

Business Services,

Communications,

Human Resources and

Community & Social Planning. Please note that a broad consultation will be undertaken in 2015 as part of the development of the longer term DAP 2015-17. It will include engagement with local organisations and the community.

5.1




DISCUSSION

The review of the DAP 2009 – 2013 found that Council Business Units generally had a strong appreciation of their need to comply with disability standards, with 92% of the actions being actively implemented or completed. Many of the actions had been incorporated in to the everyday processes of Council Business Units. For example the Leisure and Cultural Services Unit has an Event Checklist which requires disability access to always be considered. Banyule City Council has a very solid base to build future DAPs. The following themes have been raised by multiple Council Business Units and should be further investigated in the establishment of a longer term DAP. 1. Banyule City Council’s understanding of its role and responsibilities for people

with a disability. 2. Council has previously had positions dedicated to disability planning and

support. Due to reduced external funding these positions no longer exist. Council needs to consider the consequences of mainstreaming disability into the activities of all Council Business Units.

3. Officer understanding of how accessibility related capital and maintenance works are selected and at what stage a Council officer can have input into this process.

4. The need for disability training targeting the work of specific Council Business Units.

5. Better promotion and marketing of the great tools and projects Banyule City Council already has in place to support people with a disability.

A longer term DAP for 2015-2017 will be developed and presented to Council for consideration in June 2015. It will include an extensive review on the current policy environment, demographic review and consult and build partnerships with local organisations and the community. In particular it will engage and capture the needs of Banyule residents with permanent and significant disability, their families and carers.

CONCLUSION

Banyule City Council requires a current DAP to meet its obligation to the Victorian Disability Act (2006), Disability Discrimination Act (1992) and the Charter of Human Rights and Responsibilities Act (2006). Outside of this policy environment, the Officers of Banyule City Council have demonstrated an interest in better understanding their role (and Council’s role) in providing services for people with a disability. The review of the DAP 2009-2013 has found that Banyule City Council has successfully implemented its plan. An interim DAP 2014/15 has been developed and will be implemented while the longer term DAP 2015-17 is established.

RECOMMENDATION

That Council: 1. Adopt and implement the Disability Action Plan (Interim) 2014/15. 2. Develop the Disability Action Plan 2015-2017 for Council’s consideration in

June 2015.

5.1




ATTACHMENTS

No. Title Page

1 Disability Action Plan 2014/15 223

6.1

Performance - Use Our Resources Wisely


6.1 STATE AND FEDERAL FUNDING COST SHIFTING 2014 UPDATE

Author: Kate Chapell - Senior Business Services Officer, Corporate Services

File: F2014/1407

EXECUTIVE SUMMARY

This report is in response to a notice of motion and Council resolution C02013/82 and highlights areas where Council services face financial pressure due to changes in legislation, funding shortfalls and changes in community demand. Cost pressures inevitably require increased revenue or reduction in expenditure or a combination of both.

The report provides a broader explanation as to some of the cost pressures not normally understood by the community that Council faces and Council’s position with regards to specific services, including:

Home and Community Care Services

Health Services – Immunisations, rooming houses, food safety, public health and maternal & child health

Child Care

Library Services

Energy Efficient Streetlight upgrades and State Government funding support

Fire Services Levy

Waste Disposal Funding from the State and Federal departments must be restored to adequate levels across a range of services so that Council can continue to deliver them and meet its obligations to the community.



CITY PLAN

This report is in line with Council’s City Plan key direction of “provide responsible financial management and business planning processes”.

6.1


STATE AND FEDERAL FUNDING COST SHIFTING 2014 UPDATE cont’d


BACKGROUND

Council at its meeting on the 18th March 2013 resolved a Notice of Motion on Funding Cost Shifting: “Council officers provide a report on the cost pressures Council may be facing due to cost shifting of services from other levels of Government. The report should detail key services where this is potentially occurring and the impacts that this may be having on Council’s resources and financial capacity. Explanation:

Cost shifting occurs when Australian and Victorian Government programs transfer responsibilities to local government with insufficient funding or with grants that do not keep pace with service delivery costs. Council rates are commonly used to cover funding shortfalls. It is recognised that such cost shifting may have been occurring in key service areas for many years. As Council seeks to deliver our next budget, it is important that Council and the public appreciate the cost pressures being faced as a consequence of cost shifting.” A report was provided to Council at its meeting held on 3rd June 2013 detailing a selection of key services where Council faces cost pressures and the impact they have on Council’s resources and financial capacity. The report explored an illustrative breadth of service areas impacted and the subsequent effects on managing community expectation. The report provided a broader explanation as to some of the cost pressures not normally understood by the community that Council faces.

ADVOCACY

Council continues to advocate in all of these areas of continued cost shifting and the failure of grants to keep up with increasing operating costs to reduce the burden on rate payers. Council seeks new avenues of funding its services in the light of reduced support and endeavours to constantly improve the efficiency of our service provision.


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 report in fact acts to affirm our communities’ rights to equitable treatment by all levels of Government.

CURRENT SITUATION

This report highlights areas where Council services face financial pressure due to changes in legislation, funding shortfalls and changes in community demand. Cost pressures inevitably require increased revenue or reduction in expenditure or a combination of both.

6.1




The report provides a broader explanation as to some of the cost pressures not normally understood by the community that Council faces and Council’s position with regards to specific services.

COMMUNICATIONS

Residents will be educated about these impacts and relationship they have to the rate charge. Communications will mitigate negative perceptions via:

The Banner (Mayors forward).

Ward Newsletters.

Media relations.

Rates notice (Mayoral letter and brochure).

Key messages provided to councillors, customer service and Banyule staff to assist them in the conversations they have with stakeholders.

Advertorial in Leader newspapers.

Examples that illustrate the impact of costs pressures on the rates charge.

Information published website and social media channels.

Council joining with industry and regional lobby groups to reverse the effects

of cost shifting.

LEGAL CONSIDERATION

Many services are required by legislation or how they are delivered is governed by legislation. As such Council is bound to provide the service on behalf of State and Federal governments to a set level or in a set manner.

DISCUSSION

This section highlights some of the key service areas impacted.

HOME AND COMMUNITY CARE SERVICES

Community

Banyule has an ageing population, with an anticipated increase of 7,270 people aged 65+, between 2011 and 2031. This equates to an increase of 39% of the total population aged 65+. Data from the Victorian Department of Health Diversity Plan states that in Banyule, the predicted prevalence of dementia is more than 1.4% of the total LGA population. This combination of ageing population and increase in prevalence of dementia will require additional resources and sophisticated strategic planning to ensure adequate levels of service delivery to Banyule’s older residents. Funding Implications

2010-11 2013-14 Growth/Reduction

HACC Grant funds $4,117,700 $4,573,000 11.05% increase

HACC Expenditure $8,792,700 $9,396,900 6.9% increase

HACC Income $5,249,100 $5,782,800 10.1% increase

Cost to Council $3,543,600 $3,614,100 2% increase

6.1




There has been a significant increase in grant funds over the last 3 years.

HACC expenditure has increased at or below CPI.

Cost to council has decreased compared to CPI.

Aged Care Reforms will be introduced from 2015 – 2018. Detailed information will be available in late August. Initial information has indicated

maintenance of current funding until 2018 but with no growth.

Council Position

The community rightly expects that they will receive services from Council’s Aged & Disability Services unit, which meet their needs, in the right way and

at the right time for them.

As Banyule’s community ages, there will be increased demand for these services.

During the transition to implementation of Aged Care Reforms, Council will need to advocate strongly to retain the benefits of HACC funding and services for our residents while also addressing the overall sustainability and cost

burden to Council. HEALTH SERVICES – IMMUNISATION Community

Local Government provides immunisation to the community for vaccine preventable diseases in line with the National Immunisation Program.

As of 31 March 2014, the Australian Childhood Immunisation Register reports that Council provides 51% of the vaccinations for the municipality.

In 2013, 10,129 vaccines were given at Council’s public sessions and 9,025

vaccines given through Council’s school immunisation program.

Our community understands the overwhelming public health benefits that immunisation delivers.

In line with this understanding, the volume of immunisation provided has continued to grow.

This issue is quite unique to Victoria, as in most other States immunisation is

mainly provided by GP's who receive different funding via the Medicare system.

Funding Implications

Currently for Public Sessions Council receives only around $14 per encounter (made up of $6 per encounter from the Commonwealth and $8.59 per encounter from the State). The commonwealth funding amount has not increased since 1996.

The School Immunisation Program receives the same funding payment of

$8.59 per encounter from the State Government but no funding is provided by the Federal Government.

In other instances Councils are not provided with any funding to support the delivery of recommended vaccinations to at risk groups (e.g. flu for at risk groups, whooping cough for new parents).

The table below demonstrates the cost of the service to Council over the last

3 years.

6.1




Council Position

Immunisation is the most effective method of preventing infectious diseases in our community.

Each year we are delivering more immunisations (excluding catch-up

programs), but funding from the Commonwealth has remained static since 1996.

Banyule has a very good uptake of childhood immunisation with coverage rates equal to or above the State and National averages.

Council will continue advocate for increased funding to enable us to protect our community.

HEALTH SERVICES – ROOMING HOUSES Community

Amendments to the Health (Prescribed Accommodation) Regulations 2001 in December 2008 introduced rooming houses to be considered as a prescribed

accommodation for the purpose of the Act and as such requiring registration. These changes introduced a burden on Council resources to investigate a back log of suspected rooming houses that fell under the new definition.

Media reporting has increased community awareness and has also led to a substantial increase in the number of alleged rooming houses within the municipality.

Council is required to investigate reports of suspected unregistered Rooming Houses.

Council is also required to liaise with Consumer Affairs Victoria (CAV) about the existence of any information related to investigations regarding unregistered rooming houses.

The Public Health and Wellbeing Act 2008 also requires Council to maintain

the Statewide Rooming House register as defined in the Residential Tenancies and Other Consumer Acts Amendment Act 2012.


In 2012 The Residential Tenancies and Other Consumer Acts Amendment Act was passed and provided for the requirement of a Statewide Rooming

House register.

The changes also included the introduction of Minimum Standards for Rooming Houses when registering a property although it is the CAV’s core role to enforce the Minimum Standards.

Council is currently required under the Public Health and Wellbeing Act 2008 to maintain an additional Statewide Register on behalf of Consumer Affairs

Victoria.

Immunisation Service 2011/12 2012/13 2013/14

Funding $131,942 $122,398 $142,502

Other income (Vaccine Sales) $34,968 $41,307 $41,802

Cost of service to Council $196,688

(51%)

$141,131

(46%)

$117,085

(39%)

6.1




Council Position

Council continues to have the responsibility to enforce Health, Building and Planning legislation. Council currently does not investigate or enforce the

Minimum Standards. Any issues with compliance of the minimum standards would be referred to the CAV for investigation.

Council currently maintains the register of Rooming Houses as required under the Public Health and Wellbeing Act 2008. In addition to this register, Council is currently maintaining the Statewide Register on behalf of the CAV.

The community is aware of the issue through media reporting and expect the

Council to investigate suspected unregistered rooming houses. HEALTH SERVICES – FOOD SAFETY Community

In 2010 the Food Act changed regarding portable food premises (temporary food premises). The changes provide the concept of a portable food premise requiring only 1 registration and fee payment (where their business principally

handles or prepares food or stores equipment), while being able to operate a stall or mobile set up in other Council areas. The initial workload required Council to assist applicants to learn the statewide database – known as Streatrader.

Department of Health no longer support the Streatrader based system and are looking to provide Council staff with training to support any applicants having

difficulty with lodging their applications.


Council does not receive any income from temporary food premises trading in

the municipality – only if Banyule is the principal registering Authority.

Council is still required to maintain and operate two separate registers – Our Authority register and the Streatrader register which require double entering of data. Streatrader is only for portable food premises and cannot replace Council’s Food Registration Database.

The roll out of legislative change carries a considerable resource burden for

Council as new work priorities are added to the existing service requirements without the additional funds to enable staffing levels to be increased.

Department of Health recently ceased funding the Streatrader Consumer Hotline, which may result in more queries direct to Council on portable food premises that are not currently being funded or additional staff to cope with a potential increase.

Council Position

Council has been hit with the ongoing monitoring costs associated with portable food premises that lodge Statements of Trade and are not registered within the municipality.

Council has increased responsibility for maintaining Streatrader and providing

assistance to applicants.

6.1




HEALTH SERVICES – PUBLIC HEALTH Community

Proposed changes to legislation via Public Health and Wellbeing Amendment Bill 2014, currently in parliament, proposes the removal of annual registration requirements for Hairdressers which will result in 79 premises no longer requiring annual registration.


A continuing expectation for associated education and enforcement activities

for health practices including hairdressers with no additional resources.

The roll out of the proposed legislative change carries a resource burden for Council to educate current proprietors about the changes and review current procedures and policies in line with the proposed changes with no funding.

Council Position

Council may be hit with a reduction of registration resources whilst still being expected to maintain and respond to public health issues at hairdressers.

We call on the State to provide guidance on the expected cost recovery for

Councils of registered premises under the Public Health and Wellbeing Act 2008.

HEALTH - MATERNAL AND CHILD HEALTH Community

Service demand is determined by birth notification and enrolments numbers.

Banyule has seen an increase of approximately 10% in the number of birth notifications during the last three years.


A benchmarking exercise was undertaken between councils in the northern

region in 2010 to determine if cost sharing between State and local governments was 50:50.

In Banyule's case, this study demonstrated that the State Government was paying approximately 35% not 50% of the cost of running the service.

The main findings demonstrated that even though State Government grants increased, it was not increasing at the same rate as expenditure. This means

local governments are paying a greater share of the costs to provide the service.

Funding 2011/12 2012/13 2013/14

Enhanced services funding $100,845 $108,931 $109,357

State Government funding for MCH $653,323 $716,606 $698,404

Overall cost to Council for Enhanced

home services

$2,073 $-1,206

Surplus

$4,755

Overall cost to Council for MCH $1,474,175 $1,517,403 $1,617,397

6.1




Council Position The State must restore the funding ratio to 50%.

CHILD CARE –

Community

A Council of Australian Government initiative to provide Universal Access of 15 hours of kindergarten education became compulsory in 2013.

Council has actively supported all Banyule kindergartens to achieve Universal Access 15 Hours service commencing January 2013.

The 2014-15 Federal Budget Papers did not commit funding for 15 hours beyond December 2014 when the current National Partnership Agreement expires. Without ongoing government investment for 15 hours of kindergarten,

families will be stretched financially, many being unable to afford early childhood education.


In order to deliver 15 hours, council have had to put on additional staff as current kindergarten teachers industrial award does not allow for 30 hours of contact time in one week.

Council has availed itself of State Government funding for 10 new rooms across the municipality with Macleod, Fairy Hills, Panorama Heights, Sherbourne and Yallambie Children Centres completed and works are

currently underway at Interlarken, Winston Hills, Audrey Brooks and the new Olympic Village Child and Family Centre. Council has contributed / allocated approximately $1M to these works to date as well as officer time.

No longer continuing the COAG agreement will impact on kindergarten communities, in particular will see the loss of employment of many teachers and educators. Extra training was delivered to the sector to employ such staff

to support and deliver the additional kindergarten hours.

Banyule City Council invests a substantial amount of funds and resources towards the provision of kindergarten across the municipality. Council owns the majority of the facilities and invests in capacity planning and building, resourcing and supporting the kindergarten programs.

Council Position

We support the MAV’s campaign calling for additional support for infrastructure funding across the state for kindergartens (estimated to be $606M).

We support the MAV’s campaign calling for the continuation of the current COAG agreement which sees both State and Federal funding support for 15 hours of kindergarten.

Funding 2011/12 2012/13 2013/14

DEECD funding (State & Federal) $330,999 $391,768 $424,152

Parent income fees $12,291 $20,956 $17,636

Cost to Council $105,835 $37,484 $59,352

6.1




LIBRARY SERVICES

Community

Libraries have a vital role in our community that enhances social capital, educational and recreational development. Funding Implications

Funding for library services has fallen in real terms by 40% over the last thirty years.

Over the same period the cost to provide library services has risen from $180,250 to $4,188,812.

Council Position

Council was informed that funding would be cut in relative terms again this

year. Council continues to seek greater parity in funding of library services and the contribution to capital improvements for libraries.

The provision of library services in Victoria is a joint funding responsibility between the State Government and local Councils.

Banyule is part of a campaign being undertaken by Eastern Metropolitan Councils that calls on the State Government to restore funding to a 1:1 ratio.

ENERGY EFFICIENT STREETLIGHT UPGRADES AND STATE GOVERNMENT FUNDING SUPPORT

Community

The current best opportunity for improving streetlight energy-efficiency in

Banyule is to replace 80 watt Mercury Vapours (MVs) on minor residential streets with Twin 14 watt TS Fluorescents. T5s use about 68% less electricity per light while producing similar illumination.

This represents a saving of 3,000 tonnes of carbon or about 20% of Council's emissions and is a direct action to actively reduce Council emissions.

The emission reduction is equivalent to taking about 680 cars off the road

annually.


Banyule has about 8,000 MVs in two areas run by SP AusNet and Jemena. The current budget to upgrade all of these to T5s is about $4.7 million.

Council has been seeking support from the state and federal governments for

this initiative to no avail. Council Position

Council has allocated $4.7 million in the 2014/2015 Budget to complete the project.

We call on the State to assist Councils to improve price competitiveness among electricity distributors for the rollout of energy efficient streetlights.

As a high priority, Banyule joins with many other Councils in seeking more flexible, accessible and equitable OMR charges and arrangements.

Subjecting OMR services to a competitive process would assist in this regard.

6.1




FIRE SERVICE LEVY Community

The Fire Services Property Levy has cost the average residential rate payer $153 (Country Fire Authority) and $131 (Melbourne Fire Brigade) in the 2013/2014 financial year.

Residents expect to see their insurance premium drop as the collection of the levy transferred from the insurance industry to council.

Many residents and community groups who previously did not pay the Fire Services Levy, (e.g., were either exempt or did they did not have insurance) are now billed through Council under the Fire Services Property Levy Act 2012.

Council experienced some community backlash, but this was mitigated through staff response training run by the State Revenue Office in 2013. In addition pamphlets on the Fire Services Property Levy were distributed throughout the Municipality. Queries in relation to insurance based issues were referred to the Fire Service Levy monitor.

Financial Impact

Council has picked up significant ongoing administrative costs. The initial implementation was extremely labour intensive and has just now settled into

ongoing management of the levy. The other costs newly incurred include, printing and mailing of non-rateable properties, which are now leviable. There have also been further legislative amendments to the Fire Services Property Levy Act 2012, which have resulted in manual re-coding of AVPCC codes and FSPL classification codes.

There has been an impact and resourcing cost for customer service and

Revenue Officers in answering enquiries and maintaining the database to be compliant with the legislation and associated administration processes, (e.g., ownership exempt reviews upon sale of properties and supplementary valuations).

Council Position

Council supports the MAV’s position and is opposed to being used as a State collection agency.

ADDITIONAL RECENT EXAMPLES OF COST SHIFT

The Victorian Government funded the Heidelberg West Neighbourhood Renewal (NR) project for 8 years to June 2013. For the last 4 years of the initiative, Council received government funding for the employment of the Place Manager role, a community leadership and coordination role integral to

the success of NR. After the cessation of Victorian government funding in 2013, Council has allocated $200,000 in the 2013/14 financial year for the continuation of support to the Heidelberg West community and established the Project 3081 team, which has responsibility for core functions of place based strategic planning, coordination and leadership of Council and partnership projects in that geographic space. In 2014/15, Council will continue to fund

the project for $175,000.

A lack of resolution to the major road transport issues in Banyule has resulted in increased maintenance costs and traffic on local road infrastructure. Traffic issues have become the most significant issue mentioned in the Community Satisfaction Index and community engagement surveys.

6.1




Increased reporting requirements from all State and Federal departments have meant higher administrative costs and less resource for program delivery.

Council’s unallocated grants from the State Grants Commission have reduced each year as it is seen on our population numbers and property value ratios

that Banyule is expected to rate its community harder. We are therefore penalised for not placing a higher rating level on our community.

In April, the State Government ceased support of its online planning application tool SPEAR, which allowed planning permit and subdivision applications to be compiled, lodged, managed, referred, approved and tracked online, any time. It reduced the reliance on paper and the effort involved in

sending and tracking applications through the planning and subdivision process. SPEAR was available at no cost to applicants and Councils and while it has been retained by the State for subdivision applications, Banyule has now setup its own system for other application types. While the initial cost outlay was minor it will require ongoing maintenance costs and resourcing.

CONCLUSION

Funding from the State and Federal Government departments must be restored to adequate levels across a range of services so that Council can continue to deliver them and meet its obligations demanded by the community.

RECOMMENDATION

1. That Council continues to advocate to the State and Federal Government on behalf of residents to increase funding for these services where cost shifting has occurred, which include:

Home and Community Care Services

Health Services - Immunisations

Health Services – Rooming houses

Health Services – Food safety

Health Services – Public Health

Health Services – Maternal & child health

Child Care

Library Services

Energy Efficient Streetlight upgrades and State Government funding support

Fire Services Levy 2. That Council continue to work with other Local Governments and with the

Municipal Association of Victoria (MAV) to add greater pressure in advocating on this issue.

ATTACHMENTS

Nil

6.2



6.2 27A CHERRY STREET, MACLEOD - PROPOSED SALE OF LAND

Author: Lorraine James - Property Officer, City Development

Ward: Ibbott

File: F2014/410

EXECUTIVE SUMMARY

Council is the owner of 62m2 of land, known as 27A Cherry Street, Macleod (the subject land). The subject land was ‘road’ and formed part of the right of way at the rear of both 27 Cherry and 29 Joynt Streets, Macleod. It is made up of two equal sized parcels, discontinued on 2 February 1972 by the former Heidelberg Council, and remaining unsold. A request to purchase the subject land has been received from the owner of 29 Joynt Street, Macleod. This report seeks direction as to whether the subject land is considered surplus to Council’s and the community’s needs and whether statutory procedures should be commenced in accordance with section 189 of the Local Government Act 1989 to give public notice to sell the subject land to an abutting owner by private treaty.



CITY PLAN

This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”.

BACKGROUND

Council is the owner of 62m2 of land, known as 27A Cherry Street, Macleod (the subject land) shown delineated in Figure 1 below. The subject land is part of a former ‘road’ discontinued by the former Heidelberg Council in 1972. A title search at the Land Registry confirms that the title particulars are Lot 1 on Title Plan 943008L, comprised in Certificate of Title Volume 11110 Folio 491 and Lot 1 on Title Plan 943283M, comprised in Certificate of Title Volume 11123 Folio 921. Both titles are registered in the name of Banyule City Council.

6.2


27A CHERRY STREET, MACLEOD - PROPOSED SALE OF LAND cont’d


In October of 2012, the owner of 29 Joynt Street registered interest in purchasing the subject land at the rear of her property for security purposes. The other adjacent property owner of 27 Cherry Street was invited to express interest in purchasing the subject land. Correspondence was exchanged, but since that time no further interest has been forthcoming.

Figure 1: Land Proposed to be Sold

CURRENT SITUATION

The subject land is a grassed section of land which appears to form the western-most end of the open section of right of way included and numbered in Council’s Road Register as RW252. Although the subject land appears to form part of the right of way, there is little evidence that the subject land is being used as a ‘road’ by 31-37 Joynt Street and 21-25 and 2/29 Cherry Street. In isolation the subject land has no value other than to an immediately abutting owner.


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. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues because the power to sell land is conferred on Council pursuant to section 189 of the Local Government Act 1989 (the Act). A person may make a submission under section 223 of the Act with respect to such a proposal.

6.2




TECHNICAL CONSIDERATIONS

ENGINEERING CONSIDERATIONS Council engineers advise that the subject land contains drainage assets, namely a 225mm reinforced concrete pipe. SERVICE AUTHORITY CONSIDERATIONS Consultation with the relevant service authorities reveals that there are assets contained within or in the vicinity of the subject land, namely:

Yarra Valley Water – 150mm sewer pipe, offset 1.22m from the south boundary of 27 Cherry Street at an approximate depth of 1.80m

EASEMENT RIGHTS Yarra Valley Water Limited Easement rights will be retained in favour of Yarra Valley Water Limited for the purposes of drainage or sewerage over the whole of the subject land. Banyule City Council Easement rights will be created in favour of Banyule City Council for the purpose of drainage over the whole of the subject land. PLANNING CONSIDERATIONS The Banyule Planning Scheme governs the use and development of the subject land and the Banyule City Council is the responsible authority administering the scheme. Under the scheme, the subject land is included in the Neighbourhood Residential Zone Schedule 3 (NRZ3), which limits the height of any new buildings and number of dwellings. The subject land is also affected by the Environmental Significance (ESO2) overlay control. Banyule’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme includes the subject land within its Bush Garden West (BG(West)) precinct.

LEGAL CONSIDERATIONS

STATUTORY PROCEDURES Local Government Act 1989 Prior to selling land, Council must carry out certain statutory procedures in accordance with the sections 189 and 223 of the Local Government Act 1989, namely the giving of public notice of its intention to do so in accordance with Council’s Official Newspaper Policy, inviting, hearing and considering submissions, and obtaining a valuation not more than six (6) months prior to the date of sale.

VALUATION

The City Valuer advises that the subject land has an unencumbered value in the vicinity of $650/m2, unencumbered i.e. approximately $40,300.00 as at 10 June 2014.

POLICY IMPLICATIONS

PUBLIC NOTICE

6.2




Council’s Official Newspaper Policy provides as follows:

“The Heidelberg Leader and/or Diamond Valley Leader and/or the Heidelberg and Valley Weekly, where appropriate be appointed as Council’s official newspapers for the purpose of providing public notice except where circumstances may be deemed appropriate to use The Age and/or the Herald Sun for particular public notices.”

For the purpose of giving public notice for this proposal it is noted that the “Heidelberg Leader” is the newspaper that is generally circulated in the Macleod area. GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND

The Guidelines for the Sale and Exchange of Council Land, adopted by Council in April 2009, provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. In this instance there are only two potential buyers, namely abutting owners, but only one is interested in purchasing the subject land. In determining whether or not to sell Council-owned land, Council must be able to form the view that the subject land is surplus to Council’s and the community’s needs. Also, any sale of Council-owned land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community.


The applicant has been advised that, in addition to meeting Council’s out of pocket expenses associated with its sale, Council would expect payment for the subject land equivalent to the market value. The applicant has also been advised that no formal offer to sell the subject land can be considered until the necessary statutory procedures have been successfully completed and Council formally decides to sell the subject land.

CONCLUSION

The subject land is the remaining section of a former ‘road’, discontinued by the former Heidelberg Council in 1972. Although the subject land appears to form the western-most end of the open section of the right of way (RW252) between 27 Cherry and 29 Joynt Streets, Macleod, there is no evidence that the subject land is being used as a ‘road’. In isolation the subject land has no value other than to the immediately abutting owners. Consequently there would appear to be no impediment to Council forming the view that the subject land is surplus to Council’s and the community’s needs. Council should now direct that, pursuant to Sections 189 and 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice, in the “Heidelberg Leader”, of its intention to sell the subject land to an abutting owner by private treaty.

6.2




RECOMMENDATION

That Council: 1. In accordance with sections 189 and 223 of the Local Government Act 1989

(Act), authorises the commencement of the statutory procedures to give public notice in the “Heidelberg Leader” on 10 September 2014 and invite written submission on Council’s intention to sell the Council-owned land known as 27A Cherry Street, Macleod (Land) to an abutting owner by private treaty.

2. Receive written submissions and hear submissions on the proposal, from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act, at its Ordinary Meeting of Council on 10 November 2014 beginning at 7.45pm to be held in the Council Chambers, 275 Upper Heidelberg Road, Ivanhoe.

ATTACHMENTS

Nil

6.3



6.3 ASSEMBLY OF COUNCILLORS Author: Kellie O'Shea - Senior Governance Officer, City Development

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 August 2014

Type of Meeting: Banyule Environmental Advisory Committee (BEAC)

Matters Considered: - Council Budget including Solar Panels update - Chelsworth Park Lease update - Warringal Parklands to Banksia Park Bridge update - SHCP Awards- Judging Panel Member - Solar investment update - Environmental Sustainability Grants 2014 - Review BEAC Terms of Reference discussion - 100% Renewable Energy - Greensborough new Council offices

Councillors Present: Craig Langdon

Staff Present: Daniel Kollmorgen - Manager Strategic Economic Development John Milkins - Environmental Sustainability Co-ordinator Fleur Anderson - Environment Officer

Others Present: John D’Aloia Alan Leenaerts Johnathan Thom Matt Hall Kate Roberts Denise Fernando Maree Keenan Peter Castaldo

Conflict of Interest: Nil

6.3


ASSEMBLY OF COUNCILLORS cont’d



Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 18 August 2014 (excluding confidential items) as listed below:

1.1 Petition against planning application at 118

Locksley Road, Eaglemont

4.1 Banyule Planning Scheme Amendment C93 - Consideration of Panel Recommendations

4.2 Review of planning controls for the Middle Yarra River corridor

4.3 Proposed residential subdivision and development at 108-130 and 132 Diamond Creek Road, St Helena

4.4 Additional Paid Parking Locations in Heidelberg

4.5 Lower Heidelberg Road / Yarra Street Intersection Alterations

4.6 Proposed apartment building at 20 Morwell

Avenue, Watsonia

5.1 Council Meeting Dates for 2015

5.2 Advocacy on Behalf of the Community - 1 January

2014-30 June 2014

Please note: The other items listed in the Council Agenda (items 6.1 to 8.6) were not discussed due to time constraints

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws Emily Outlaw - Governance Liaison Officer Nick Helliwell – Development Planner Chris Mullan – Development Planner David Bailey – Engineering Services Coordinator Jackie Bernoth – Acting Coordinator Development Planning Joel Elbourne – Acting Manager Development Services

Others Present: Nil


6.3


ASSEMBLY OF COUNCILLORS cont’d



Type of Meeting: Councillor Meeting with Municipal Association of Victoria (MAV) Representative

Matters Considered: Library funding

15 hour kinder funding

Local Government (planning and reporting) Regulations

Governance and Conduct Bill

Local Government performance indicator and My Council website

State Local Government Agreement

Rate capping and financial assistance grants

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws

Others Present: Rob Spence - CEO of MAV Cr Bill McArthur – President of MAV Alison Lyon – Deputy CEO and General Counsel of MAV


RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.4



6.4 AUDIT COMMITTEE CHARTER

Author: Keith Yeo - Director Corporate Services, Corporate Services

File: F2014/309

EXECUTIVE SUMMARY

A Council must establish an audit committee in accordance with section 139 of the Local Government Act 1989. It is an advisory committee of Council. The Audit Committee Charter outlines the role of the committee and terms of reference. The Audit Committee plays a vital role in reviewing Council’s governance arrangements and includes oversight responsibilities on financial reporting, compliance requirements, internal control systems and risk and fraud prevention management systems. The two-year appointment for one of the current Independent representatives, John Purcell, is due to conclude as at 30 September 2014. This report seeks to review the appointment term for John Purcell, Independent Representative, on Council’s Audit Committee.



CITY PLAN

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

BACKGROUND

In accordance with the Audit Committee Charter, the role of the Audit Committee is to assist Council is fulfilling its governance responsibilities by overseeing compliance with laws and regulations, accountability requirements, ensuring sound ethical standards are practised and the necessary systems controls are in place to manage risks and prevent fraud and corruption. The Charter also includes details on the appointment of Independent Representatives. Council’s attention is directed to Section 9 of the Charter relating to the Duration of Committee Members’ Appointment.

“The Council will review its two Councillor representatives on an annual basis and its two Independent Representatives at the expiration of their appointed term, which will not exceed a maximum of two-years.

6.4


AUDIT COMMITTEE CHARTER cont’d


The re-appointment of Independent Representatives to serve an additional term will be at Council’s discretion. The expiry time for Independent Representatives should preferably occur in a different period to each other and that of the externally contracted Internal Auditors to ensure, as far as possible, continuity of knowledge residing in the Committee.”

The current Independent Representative, John Purcell, two-year appointment is due to conclude as at 30 September 2014. John Purcell has provided professional support to Councillors and the Chairman of the Audit Committee since his appointment and has demonstrated sound knowledge of effective governance requirements which assists Council in the discharge of its legal responsibilities. John Purcell has offered his services again to Council, if it so chooses. Council appreciates that Independent Representatives need to be highly skilful professionals with considerable commercial and Local Government knowledge and expertise. Accordingly, it is suggested that John Purcell be re-appointed for a further period of two-years from 1 October 2014 and continue as an Independent Representative given his qualifications, experience and excellent contribution on the Committee over the last two years.

CONCLUSION

The re-appointment of John Purcell, as an Independent Representative of Council’s Audit Committee, ensures compliance with the Audit Committee Charter and Best Practice Standards. John Purcell has extensive qualifications and experience to continue to fulfil this important advisory position.

RECOMMENDATION

1. That the Report be received. 2. John Purcell be re-appointed as an Independent Representative of the

Audit Committee with his new two-year term of appointment concluding 30 September 2016.

ATTACHMENTS

Nil

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Daniel Kollmorgen - Manager Strategic & Economic Development, City Development

Ward: Griffin

File: F2014/1801

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

.

PARTY\PARTIES: Banyule City Council, M.R.O Nominees Pty Ltd, Woolworths Limited, Owners Corporation No 1 PS602283E, Owners Corporation No 2 PS602283E

OFFICER: Daniel Kollmorgen FILE NUMBER: F2014/1801 DOCUMENT: Car Parking Agreement ADDRESS: 72-84 Upper Heidelberg Road, Ivanhoe WARD: Griffin BRIEF EXPLANATION: Council has been approached by the owners of 72-84

Upper Heidelberg Road, Woolworths Ivanhoe and the relevant Owners Corporations requesting Council to enforce parking restrictions within its private car park at 72-84 Upper Heidelberg Road Ivanhoe. Concerns have been expressed that other users are occupying the car park at the exclusion of their customers. The Council’s traffic engineers have been consulted and support the proposal.

The cost of enforcement will be funded through the revenue raised from infringements. For the agreement to be formalised it is necessary that it be signed under Council Seal and that the Minister for Roads and Ports extend the provisions of the Road Safety Act 1986 in so far as it applies to parking over the publicly available car parking areas at 72-84 Upper Heidelberg Road, Ivanhoe.

RECOMMENDATION

That the Common Seal of the Banyule City Council be affixed to the following documents: 1. Parking Agreement between Banyule City Council, M.R.O Nominees Pty Ltd,

Woolworths Limited, Owners Corporation No 1 PS602283E, Owners Corporation No 2 PS602283E, and the Minister for Roads and Ports be requested to extend the provisions of the Road Safety Act 1986 to the publicly available car parking areas at 72-84 Upper Heidelberg Road, Ivanhoe.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 WILLA AVENUE, VIEWBANK - FLOODING ISSUES AND POTENTIAL FOR SURVEY REGARDING DRAINAGE SCHEME IN THE AREA

Author: Cr Steven Briffa

Ward: Hawdon

File: F2014/135

TAKE NOTICE that it is my intention to move:

“That Council survey the owners of properties between Nos. 10 and 26 Martins Lane, Viewbank (inclusive), with regard to participation in a special charge drainage scheme.”

Explanation Residents of Willa Avenue in Viewbank have been impacted by uncontrolled stormwater flows across their properties for several years. Council officers have assessed that the most likely source of these flows is from adjoining properties located on the south side of Martins Lane, Viewbank, between No.10 and No.26 inclusively. The location of these properties is shown in the attached Locality Plan.

The natural fall of the Martins Lane properties in question is towards Willa Avenue. Although drainage easements are located along the rear of each property, an easement drain was not provided at the time of sub-division and Council has no record of any drain being constructed since. It is possible that some of these properties are serviced by private drains but the frequency of nuisance flooding to properties in Willa Avenue suggests that the effectiveness of these drains has been compromised over time.

As all of these properties have never been serviced by a Council drain, a total of nine benefitting residents would be required to fund the construction of a new drain via a Special Charge Scheme. A survey of these residents should therefore be conducted to canvas their support for such a scheme. The findings of this survey will be used to inform Council on the viability and form of a potential Special Charge Scheme.

CR STEVEN BRIFFA Hawdon Ward

ATTACHMENTS

No. Title Page

1 Locality Plan 235

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 1 SEPTEMBER 2014 Page 77

2.1 Municipal Emergency Management Plan Endorsement

Attachment 1 Banyule Municipal Emergency Management Plan ........................... 78

4.1 Enforcement of Illegal Dumping of Rubbish in Public Places

Attachment 1 Banyule CCTV Interim Policy ........................................................ 184

4.2 Proposed Multi-dwelling development at 47 Lower Plenty Road, Rosanna

Attachment 1 Advertised plans ............................................................................ 193

Attachment 2 Modified plan 4 August 2014 ......................................................... 207

Attachment 3 Additional Background Information ................................................ 209

Attachment 4 Clause 55 Assessment .................................................................. 212

Attachment 5 Neighbourhood Character Policy Assessment ............................... 217

4.3 Education site opportunity advocacy progress and school sites redevelopment project update

Attachment 1 Letter of response from DEECD ................................................... 222

5.1 Disability Action Plan

Attachment 1 Disability Action Plan 2014/15 ....................................................... 223

8.1 Willa Avenue, Viewbank - Flooding issues and potential for survey regarding drainage scheme in the area

Attachment 1 Locality Plan .................................................................................. 235

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4.1

Item: 4.1 Attachment 1: Banyule CCTV Interim Policy


Closed Circuit Television (CCTV) Interim Policy –

For the enforcement of litter and illegal dumping of items and goods.

Draft September 2014

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CCTV Interim Policy

City Plan Reference The CCTV Policy for the enforcement of litter and illegal dumping of items and goods links to the following Objective contained within the City Plan 2013-2017. ‘Planet’ is about the natural and formed environment and the ecosystems that sustain the community. Our community is an integral part of the environment and together we are the custodians of our shared home, in particular key direction 2.1.3.

‘Improve the policing of litter and waste dumping’

Key initiatives include:

Develop strategies to strengthen the enforcement of litter and illegal dumping of items and goods.

Increase community awareness of our hard rubbish and green waste collection programs to minimise illegal dumping.

Finalise a waste minimisation plan including litter prevention and dumping of waste

Review of Policy This Policy will be reviewed as required, at least every two years, or more frequently if there is changes to legislation or to internal processes that impact on this policy. Banyule Reference Documents

14678 Information & Records Management Policy

05975 Banyule Information Privacy Guidelines.doc

Legislation/Regulations Reference Documents

Information Privacy Act 2000

Surveillance Devices Act 1999

Copyright Act 1968

Environment Protection Act 1970

Evidence Act 2008

Victorian Ombudsman - Closed Circuit Television in Public Places Guidelines

State Government Victoria- Guide to Developing CCTV for Public Safety in Victoria

Privacy Commissioner Victoria – Surveillance & Privacy

Australian Standard AS2342 -1992 (Signage in public places)

Victorian Charter of Human Rights and Responsibilities Act In developing this procedure, 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 under the Victorian Charter of Human Rights and Responsibilities Act 2006 is in any way limited restricted or interfered with by the contents of this policy.

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It is considered that the CCTV Interim Policy is consistent with, and advances rights outlined in the Charter. The human rights most relevant to these procedures are the rights to:

Privacy and reputation (section 13) An assessment of compatibility with the Charter of Human Rights and Responsibilities has been undertaken and is included as appendix 1.

.

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1. Purpose This policy has been developed specifically for the enforcement of Illegal dumping of rubbish within Banyule. It is not intended to apply to all CCTV cameras operating within Banyule. It is therefore described as an interim policy, which will be subject to changes once a broader CCTV policy is adopted by Council. The primary security use of CCTV as covered by this policy is to discourage and prevent the illegal dumping of rubbish in the Banyule municipality thereby enhancing the safety and security of all people and property. Objectives

Ability to utilise digital footage as evidence to assist with the detection and prosecution of offenders.

Develop, strengthen and enhance existing relationships in developing community safety initiatives within Banyule City Council.

Assist our Community Service providers and Charities from illegal dumping of rubbish.

2. Compliance and Legislation Banyule City Council will comply with all laws and regulations applicable to the operations of the Surveillance Camera System. Council, its employees and those contracted to perform duties on its behalf, will be mindful that it performs its functions in the public interest and often in the public view. Not only must its conduct be lawful and in accordance with the highest ethical standards, it must act at all times to avoid any appearance of impropriety. Specifically this interim policy will have regard to, and operate within, the following legislation: Information Privacy Act 2000 Regulates the collection, use and disclosure of ‘personal information’ (other than health information) about individuals, including surveillance captured information that is recorded and in which a person is potentially identifiable. Surveillance Devices Act 1999 Prohibits, in different circumstances, listening and optical surveillance devices to monitor private conversations and activities, and use of tracking devices. Establishes exceptions for example, for authorised law enforcement activities. The Act specifically applies to the optical surveillance of private activities and in its definition of `private activities’ excludes activities carried on outside buildings. Charter of Human Rights and Responsibilities Act 2006 Makes it unlawful for public authorities to act in a way that is incompatible with human rights listed in the Charter, including the right not to have privacy arbitrarily interfered with. Requires any interference (such as through surveillance, recorded or unrecorded) to be demonstrably justified. A Human Rights Assessment has been undertaken and is included as appendix 1.

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Public Records Act 1973 Provides requirements for the capture, access to, control, records management, storage and disposal of data. Footage and data is kept in accordance with the requirement of the Records Act and Public Records Office of Victoria relevant Retention & Disposal Authorities Schedules which also takes into consideration the Evidence Act 2008 which establishes the legal standard for the admissibility of evidence, including CCTV data. Private Security Act 2004 The Security Act deals with licensing requirements for the Victorian security industry. It applies to the installation, maintenance and operation of CCTV cameras and the relevant license requirements to be held by particular licences. The City of Banyule does not require a licence under this Act.

3. Confidentiality and Commitment to Privacy Staff shall not make any comment or provide any information about the Surveillance Camera System (SCS) to anyone other than those outlined in this policy. Staff will refer such inquiries in respect of the SCS to the Manager Governance, Information and Laws.

Banyule City Council is committed to:

ensuring the privacy of innocent individuals is protected

ensuring the Surveillance Camera System is used for its designated purpose

the protection of the rights of individuals.

Banyule City Council will comply with all laws and regulations applicable to the operations of the Surveillance Camera System. Council, its employees and those contracted to perform duties on its behalf, will be mindful that it performs its functions in the public interest and often in the public view. Not only must its conduct be lawful and in accordance with the highest ethical standards, it must act at all times to avoid any appearance of impropriety.

The following general principles will be adhered to:

Council Officers, Police Officers and any other persons contracted to work in conjunction with the Surveillance Camera System, will only use the surveillance equipment for the purpose of recording matters or material relevant to the safety, security, protection and wellbeing of the public also taking into consideration the protection of public property and assets.

Council officers, Police Officers and any other persons contracted to work in conjunction with the Surveillance Camera System, must ensure the systems are not used in any way which could damage or adversely impact on the integrity of Banyule City Council.

Council officers, Police Officers and any other persons contracted to work in conjunction with the Surveillance Camera System, must ensure that the surveillance equipment is not used for any purposes other than those specified in this manual. All such persons must also maintain the highest moral, professional and ethical standards in the application and performance of their duties.

Council officers, Police Officers and any other persons contracted to work in conjunction with the Surveillance Camera System, must safeguard all information and knowledge that is confidential, and exercise due care and responsibility to prevent its improper disclosure or use.

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At all times the information and images contained therein remain the property of the Banyule City Council. Refer to Clause 6 for information on the release of recorded images.

No Council officer or other person contracted to work in conjunction with the Surveillance Camera System, shall improperly interfere or tamper with the surveillance equipment at any time.

All Police applicants seeking to view surveillance footage or obtain a copy of surveillance footage must use any surveillance footage solely for the purposes outlined on their application.

Any one receiving surveillance footage must not copy, show or distribute any data, image/s or photograph.

Signage: Banyule City Council has a responsibility to advise the community they are in an area where CCTV cameras are located and that they may be observed and recorded. Signage will be:

placed where it will be visible to members of the public

understood by members of the public including people who are from non-English speaking backgrounds. Signage will ensure a mix of worded text and symbols.

clearly visible, distinctive and located in areas with good lighting, placed within normal eye range and large enough so that any text can be read easily.

will identify Banyule City Council as the owner of the CCTV system.

include details of who to contact if there is a problem, enquiry or complaint.

will be checked regularly for damage and theft.

4. Management of Digital Images / Footage ACCESS: Digital images recorded are only able to be downloaded, viewed, copied and managed by the below authorised officers to ensure the integrity of the footage is maintained. The authorised officers are:

Manager Operations

Municipal Laws Co-ordinator

TRIM Administrator & Project Officer

Or any other Authorised Council Officer DATA CAPTURE and STORAGE: The images captured will be recorded and stored for a period of 90 days, unless otherwise downloaded within the set period as a result of an approved request for footage in relation to the investigation of an offence or for court proceedings. Footage which is used to support the law enforcement of illegal dumping of rubbish will be captured in Council’s Electronic Document & Records Management System and the footage will be kept in accordance with the requirements of the Public Records Act 1973. Any download which is deemed not to be of “Evidentially Value” will be destroyed. The destruction of such material will be recorded in the CCTV Download register. All data collected using this system, including recorded images and audio, will be managed in accordance with the provisions of the relevant Act & Regulations listed under section 6 and those relevant Council policies relating to the control of private information.

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Storage of the CCTV footage will not be retained for any period of time greater than the overwritten capacity of the DVR hard drive, with the exception of copied footage released to a law enforcement agency or information being used as part of an ongoing operational Council requirement. All persons involved in the operation of the system are to exercise due care to prevent improper disclosure of material. DATA SECURITY: All material downloaded will be recorded in a CCTV Download register. The Authorised Officer will record the time and date the download was undertaken and the outcome of the download. EVIDENCE: Captured and Evidential Data will be securely stored and password protected limiting access to approved and authorised officers only. Images will only be used as evidence to establish or support any approved enforcement action. PLACEMENT and INSTALLATION: Cameras will be immobile when in use and record digital footage 24 hours a day seven days a week. An assessment of site suitability will be undertaken based on known issues related to illegal rubbish dumping and will identify any risk associated with public safety, protection of privacy or potential conflict with any of the governing legislation or privacy principals. Footage will not be monitored.

5. Complaints Complaints in relation to the CCTV Project operations must be made in writing to: Municipal Laws Co-ordinator Banyule City Council Po BOX 51 IVANHOE 3079 Complaints which do not indicate a breach of the Information Privacy Act 2000 will be handled in the manner set out by Banyule City Council's Customer Service Charter.

6. Requests for Digital Images / Footage Banyule City Council is committed to ensuring the right to privacy of individuals is respected and honoured. This document is intended to ensure the privacy of individuals undertaking lawful activity is protected and to govern the manner in which data collected through the operation of this system is maintained. Digital images/footage captured will only be made available to the following external parties:

An individual captured in the footage

An authorised Police member in relation to an offence or suspected offence

An external Enforcement agency where an exemption under the Information Privacy Act

2000 applies or a Court Order via Subpoena

Access to CCTV footage will only be considered for the above if one of the following authorised conditions are met:

There is a foreseeable threat to Council property or staff (active viewing);

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It is required as a preventative measure to dissuade or arrest anti-social or criminal

behaviour (active viewing);

It is used to monitor and enhance delivery of a Council service. (active viewing);

Where damage to council property or injury to Council staff, visitors, members of the

public has occurred (passive review of incidents);

Where evidence is required in which to investigate or prosecute a suspected or alleged

crime (passive review); or

Where otherwise authorised by law, such as a Freedom of Information request (FOI) or

Subpoena

The decision as to whether access to footage is approved under the above authorised conditions can only be made by a Council authorised officer. All other requests will require an application for a Freedom of Information (FOI) request. Information on FOI applications can be found on Council’s website or by calling Council on 9490 4222. Footage provided to an agency by Banyule City Council will be managed in accordance with relevant legislation and standards.

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Appendix 1

HUMAN RIGHTS CHARTER – ASSESSMENT OF COMPATIBILITY In accordance with section 28 of the Charter of Human Rights and Responsibilities, this statement of compatibility is made with respect to Banyule City Council’s

CCTV Interim Policy.

Banyule City Council’s CCTV Interim Policy is compatible with the human rights protected by the Charter.

Objectives

Banyule’s Interim CCTV policy has been developed specifically for the enforcement of Illegal dumping of rubbish within Banyule. It is not intended

to apply to all CCTV cameras operating within Banyule. The policy is based on the Victorian Ombudsman’s Closed Circuit Television in Public

Places Guidelines – November 2012.

Human Rights Assessment

What human rights are

impacted?

Will any person feel their rights

are limited and why?

What are the interests

you have to balance?

Is the limitation

reasonable?

What practical solutions are

available to reduce the

limitation? If a limited right is not

reasonable, ensure comment

made that the document was

amended so the right is either not

limited or reasonably limited.

1 A right to Privacy and

Reputation

Yes. Persons captured on CCTV footage may feel that being filmed is an invasion of their personal privacy and would be concerned about how the footage will be used and by whom.

Protection of personal privacy needs to be balanced against the community’s expectation that Council will take action to enforce illegal rubbish dumping. Capturing images of offenders will assist Council in being able to prosecute offences.

Limitation is reasonable as the whole purpose of the policy is to ensure the safeguard of personal privacy and the handling of an personal information.

The policy puts in place protections for the capture, access, storage and retention of the CCTV to mitigate any breaches of privacy. Access will only be available for lawful usage in the prosecution of an offence.

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Item: 4.2 Attachment 1: Advertised plans


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Item: 4.2 Attachment 2: Modified plan 4 August 2014


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Item: 4.2 Attachment 3: Additional Background Information


P494/2013: ADDITIONAL BACKGROUND INFORMATION

RESTRICTIVE COVENANT

Restrictive Covenant 0852245 is registered on title. This relates to the cost of any new building (must not cost less than £300). The proposal does not contravene this requirement. There are no Section 173 agreements registered on title.

POLICIES CONSIDERED

Policy Clause

SPPF

Settlement 11

Environmental and Landscape Values (including sub clauses) 12

Built Environment and Heritage (including sub clauses) 15

Housing (including sub clauses) 16

LPPF

Land Use 21.04

Natural Environment 21.05

Built Environment (Accessible area)

These areas typically have the following characteristics:

Within convenient walking distance to the business core of an Activity Centre.

Are within convenient walking distance to the highest priority sections of the Principal Public Transport Network where higher frequency and quality of public transport services in operation.

They will provide town house and other medium density living and some dispersed single dwellings. Some opportunities for higher density housing will also exist. These areas include strategic redevelopment sites that provide for medium density and a higher density housing component. Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting.

21.06

Residential Neighbourhood Character Policy – Garden Suburban Precinct 2 22.02

Safer Design Policy 22.03

CURRENT AMENDMENTS

C73 Proposed Amendment C73 seeks to introduce Local Policy Clause 22.07 – Environmentally Efficient Design into the Banyule Planning Scheme. This policy applies to all residential and commercial development in the City of Banyule. The amendment commenced exhibition on 28 February 2013 and finished on 29 April 2013. An Advisory Committee and Panel considered the amendment in late 2013. The Advisory Committee and Panel Report was released on 7 April 2014 in support of the amendment.

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REFERRAL COMMENTS

DEVELOPMENT ENGINEERING

Issue Comments

Flooding Flooding Unlikely

Point of discharge

Discharge to Council pit outside eastern corner of the property in Lower Plenty Road. Onsite detention is required. CEXIST = 0.35. See Council requirements.

Clause 52.06: No. of spaces

The proposal consists of 1 x one bedroom, 15 x two bedroom and 2 x three bedroom dwellings, which falls under the provision of Banyule Planning Scheme Clause 52. Table 52.06-5 requires:

One space to be provided for each one or two bedroom dwelling,

Two spaces to be provided for each three or more bedroom dwelling

One visitor space for every five dwellings (in developments of five or more dwellings)

This generates the requirement for 20 resident, and 3 visitor spaces to be provided onsite. The plans indicate a total of 23 parking spaces are provided on site, which is considered satisfactory for this development. In accordance with Banyule Planning Scheme Clause 52, for residential developments of four storeys or more, bicycle parking must be provided at a rate of 1 to every 5 dwellings for residents, and 1 to every 10 dwellings for visitor and short-term use. This generates the requirement for four (4) residential and two (2) visitor parking spaces to be provided. The plans indicate an area for 35 bicycle parking spaces, which is considered acceptable for this requirement. It is recommended that the visitor bicycle parking be located outside the secure area at ground level, however this is not compulsory.

Clause 52.06: Design

Design standard 1 – Accessways The accessway is generally in accordance with the requirements of Design Standard 1 and will enable vehicles to exit the site in a forward direction. Design standard 2 – Car parking spaces The parking spaces are generally in accordance with the requirements of Design Standard 2 and will enable vehicles to enter and exit the parking spaces in an appropriate manner. Design standard 3 – Gradients The accessway gradients are generally in accordance with the requirements of Design Standard 3. Design standard 4 – Mechanical parking The mechanical parking provided is generally in accordance with the requirements of Design Standard 4, however it should be noted that the storage areas for these Dwellings should not encroach on the mechanical parking area. Design standard 5 – Urban design Design standard 6 – Safety In accordance with Banyule Planning Scheme Clause 52.06-8, car parking should be well lit and clearly signed. Design standard 7 – Landscaping

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Vehicle Crossings

New vehicle crossing to comply with Council's standards and specifications. The existing redundant crossing to be removed with the nature strip and kerb and channel to be reinstated to Council's satisfaction.

Easements According to Council records there are no easements located on site.

DEVELOPMENT PLANNING ARBORIST Tree Retention Only two trees within the site are proposed for retention, namely trees #22 and #23. These trees could be suitably retained with standard tree protection conditions. The remaining trees proposed for retention are located on adjoining property (trees #10, #13, #14, #24, #25, #26, and #32). Of these trees, only the development impact on trees #24 and #26 is substantial. In regards to Tree #26 (located on private property in the rear of 4 Mount Ida Avenue), the development impact can be suitably mitigated via the protection measures detailed in the supplementary impact letter and the design response as detailed on the submitted plans. The impact on Tree #24 (an oak in the Lower Plenty Road nature strip) may be acceptable but only subject to an exploratory dig that demonstrates either no roots present in the affected area (as presumed in the supplementary letter), or a degree of root mass the severance of which will not compromise the tree. Tree Removal The remaining 25 trees assessed are proposed for removal. Most of these are of low retention value being weeds or small trees the amenity of which could easily be replaced. Only two of the trees were greater than 7 metres in height at the time of inspection, and tree height is expected to have changed minimally in the interim. As such, the provision of a considered landscape plan with appropriate species and growing areas would suitably offset the loss of these trees. ESD CONSULTANT

To Clarify With Applicant

The roof design would not appear to allow for the complete roof area to drain into the rainwater tanks. Also the sizing and location of the tanks would not appear that it can capture the majority of stormwater. Can the applicant confirm that all roof areas will drain into tanks or appropriate sizing?

Suggested Improvements

To improve the internal amenity for future occupants, the use of alternative screening devices in place of excessive reliance on highlight windows (and/or) obscure glazing of the upper level. At least all north facing windows should be fitted with alternative screening devices that maximise solar access and external views Due to internal hallways, good cross ventilation cannot be achieved for most apartments. To improve on indoor air quality, install dedicated extraction fans to all kitchens.

EXTERNAL AUTHORITIES VicRoads and PTV have advised that they have no objection to the proposal, subject to the inclusion of standard conditions on any permit issued.

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Item: 4.2 Attachment 4: Clause 55 Assessment


ASSESSMENT AGAINST CLAUSE 55 APPLICATION NO.: P494/2013 DEVELOPMENT ADDRESS.: 47 Lower Plenty Road ROSANNA PROPOSAL: Multi-dwelling development (18 dwellings), associated

vegetation removal and alteration of access to a Road Zone, Category 1

Clause 55.02 (Neighbourhood Character and Infrastructure)

Neighbourhood Character objectives To ensure that the design respects the existing

neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that development responds to the features of the site and the surrounding area

Standard B1

Complies

Discussion included within the attached neighbourhood character assessment. It is considered that the proposed design respects the existing and preferred neighbourhood character.

Residential policy objectives To ensure that residential development is provided in

accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

Standard B2

Complies

Refer to response in delegate report.

Dwelling diversity objective To encourage a range of dwelling sizes and types in

developments of ten or more dwellings. Standard B3

Complies

The proposal comprises a mix of unit types including 2 x three-bedroom units, 15 x two-bedroom units and 1 x one-bedroom unit. Unit 1 is also provided at grade (lower ground) level.

Infrastructure objectives To ensure development is provided with appropriate

utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4

Complies

Integration with the street objective To integrate the layout of development with the street.

Standard B5

Complies

Clause 55.03 (Site Layout and Building Massing)

Street setback objective To ensure that the setbacks of buildings from a street

respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6

Complies

Front two-storey component is setback a minimum of 9.04 metres from the property frontage. A porch encroaches within this setback but does not exceed 3.6 metres in height.

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Building height objective To ensure that the height of buildings respects the

existing or preferred neighbourhood character. Standard B7

Complies

No part of the buildings exceeds 10 metres above natural ground level. Overall, the height of the proposed built form is considered to be responsive to the site and surrounding area. Refer to attached neighbourhood character assessment. The lift overruns are shown on the plans as render portion on roof in west elevation, and the front lift overrun will be within the roof pitch. As such, no additional structures will protrude above the roof form as shown on the plans.

Site coverage objective To ensure that the site coverage respects the existing

or preferred neighbourhood character and responds to the features of the site.

Standard B8

Complies

Site coverage is 47%

Permeability objectives To reduce the impact of increased stormwater run-off

on the drainage system.

To facilitate on-site stormwater infiltration. Standard B9

Complies

Permeable site coverage is 38%.

Energy efficiency objectives To achieve and protect energy efficient dwellings and

residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10

Variation

The orientation of the site is a constraint with units facing either north-east or south west. Notwithstanding, only 5 out of the 18 units (Units 4, 5 12 on ground floor and Units 8, 16) are not provided with north-east or north-west facing windows to living rooms.

Open space objective To integrate the layout of development with any public

and communal open space provided in or adjacent to the development.

Standard B11

N/A

Safety objective To ensure the layout of development provides for the

safety and security of residents and property. Standard B12

Complies

Entry to the buildings is clearly identifiable and secure.

Landscaping objectives To encourage development that respects the

landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

Standard B13

Complies

The development retains two fairly substantial trees at the front of the site. All other trees are proposed to be removed however these are either low retention value trees or listed environmental weeds. There are sufficient open areas throughout the site to accommodate new landscaping including at least two new large canopy trees (one in the front setback and one along the southern side of the development), four new medium canopy trees and at least twelve small canopy trees.

Access objectives To ensure vehicle access to and from a development

is safe, manageable and convenient.

To ensure the number and design of vehicle crossovers respects the neighbourhood character.

Standard B14

Complies

One crossover is provided. The 5.6 metre wide accessway does not exceed 33% of the frontage width (i.e. 18%).

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Parking location objectives To provide convenient parking for resident and visitor

vehicles.

To avoid parking and traffic difficulties in the development and the neighbourhood.

To protect residents from vehicular noise within developments.

Standard B15

Complies

Parking is provided in a secure basement which is conveniently accessed. Two voids adjacent to Dwellings 4 and 12 provide opportunities for ventilation ducting to be run to the roof. Mechanical units to extract/ pump air from the basement can be attached to the ceiling of the garage where floor-to-ceiling height is greatest, then ducted to the voids, avoiding mechanical units externally on the roof. Further details of any ventilation systems would be requested by way of a permit condition.

Clause 55.04 (Amenity Impacts)

Side and rear setbacks objective To ensure that the height and setback of a building

from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17

Complies

All walls exceed the minimum setback requirements under this standard.

Walls on boundaries objective To ensure that the location, length and height of a wall

on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18

N/A

There are no walls on boundaries proposed.

Daylight to existing windows objective To allow adequate daylight into existing habitable

room windows. Standard B19

Complies

All windows facing the subject site are provided with the required light courts.

North-facing windows objective To allow adequate solar access to existing north-

facing habitable room windows. Standard B20

Complies

There are no north facing habitable room windows within 3 metres of the boundary shared with the subject site.

Overshadowing open space objective To ensure buildings do not significantly overshadow

existing secluded private open space. Standard B21

Complies

The submitted shadow diagrams indicate that the proposed buildings cast shadows to Nos. 4 and 6 Mount Ida Avenue and to 45 Lower Plenty Road at 9am. By midday, these properties are free of any shadow cast by the buildings. In any event, the extent of shadowing maintains at least 40m

2 of secluded private open space.

It is noted that the morning shadows cast by the proposal affect the decked area of the dwelling at No. 45 Lower Plenty Road. Given the location of this deck and its visibility from Lower Plenty Road, this space is not considered to be secluded. This dwelling has a large rear yard, of which at least 40m

2 would not be overshadowed.

Overlooking objective To limit views into existing secluded private open

space and habitable room windows. Standard B22

Complies

All relevant windows have been screened up to 1.7 metres above FFL through provision of either timber screens or through the provision of fixed obscure glass up to 1.7 metres with clear glass above.

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Internal views objective To limit views into the secluded private open space

and habitable room windows of dwellings and residential buildings within a development.

Standard B23

Complies

Internal views are limited by screening as described above.

Noise impacts objectives To contain noise sources in developments that may

affect existing dwellings.

To protect residents from external noise. Standard B24

Complies

The side setbacks of the buildings is such that any mechanical plant (i.e. air-conditioning units located on balconies) is not within close proximity of any bedrooms of immediately adjacent existing dwellings.

Clause 55.05 (On-site Amenity and Facilities)

Accessibility objective To encourage the consideration of the needs of

people with limited mobility in the design of developments.

Standard B25

Complies

Pedestrian access to the front building is provided via a 1 in 100 grade pathway from Lower Plenty Road to a central lobby within the basement garage with associated lift and stair access. Pedestrian access to the rear building is provided via a pathway extending along the northern side of the buildings to a lobby with lift and stair access. Due to the slope of the site this pathway incorporates steps however it is noted that access to the rear building is also available from within the within the basement garage via lift or stairs (the grade within the basement is no steeper than 1 in 20).

Dwelling entry objective To provide each dwelling or residential building with

its own sense of identity. Standard B26

Complies

A sense of address is provided through the front two-storey component being oriented to face Lower Plenty Road. Pedestrian access to the middle and rear three storey components is easily identifiable.

Daylight to new windows objective To allow adequate daylight into new habitable room

windows. Standard B27

Complies

All units are provided within adequate windows to habitable rooms. No rooms are ‘borrowing’ light.

Private open space objective To provide adequate private open space for the

reasonable recreation and service needs of residents. Standard B28

Variation to Standard

All units with the exception of Unit 3 are provided with the minimum amount of private open space required under the standard. Unit 3 is provided with a courtyard of 35.49m

2 which falls

short of the 40m2 required. Notwithstanding, the private

open space is fully secluded and exceeds 25m2.

All private open space is accessed from living rooms.

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Solar access to open space objective To allow solar access into the secluded private open

space of new dwellings and residential buildings. Standard B29

Complies

Secluded private open space for Units 4, 5, 8, 9, 12 and 16 is generally provided on the south-western side of the proposed buildings where solar access may be compromised. All other units will have a north-east or north-west facing private open space. Overall, it is considered that the proposal provides good solar access to private open space.

Storage objective To provide adequate storage facilities for each

dwelling. Standard B30

Complies

Over-bonnet storage is provided for each unit.

Clause 55.06 (Detailed Design)

Design detail objective To encourage design detail that respects the existing

or preferred neighbourhood character. Standard B31

Complies

Front fences objective To encourage front fence design that respects the

existing or preferred neighbourhood character. Standard B32

N/A

A fence is not provided within 3 metres of the front boundary.

Common property objectives To ensure that communal open space, car parking,

access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

Standard B33

Complies

Site services objectives To ensure that site services can be installed and

easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

Standard B34

Complies

The proposal incorporates an area of bin storage, however the space provided is sufficient in area for approximately 18 bins. This is not sufficient to provide weekly Council garbage collection. The street frontage also is insufficient in width to allow the placement of two bins per dwelling on collection day. As a result, private waste collection is likely to be necessary in this instance. Whilst this places an additional cost implication on future residents it is considered to be acceptable, and frequently occurs in developments of this size.

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Item: 4.2 Attachment 5: Neighbourhood Character Policy Assessment


CLAUSE 22.02:

RESIDENTIAL NEIGHBOURHOOD CHARACTER POLICY ASSESSMENT – Garden Suburban 2

APPLICATION NO: P494/2013

DEVELOPMENT ADDRESS: 47 Lower Plenty Road ROSANNA

PROPOSAL: Multi-dwelling development (18 units), associated vegetation removal

and alteration of access to a Road Zone, Category 1

This precinct includes parts of the Heidelberg Specialised and Major Activity Centres are in this precinct. The detailed landscaping and vegetation outcomes for residential sites in these Activity Centres are guided by this policy. The preferred future built form character of residential sites in these Activity Centres is guided by the Design and Development Overlay Schedule 5, where applicable.

Accessible Areas

These areas will accommodate change in a manner that supports the garden suburban character of the precinct. All developments will contribute to an enhanced treed environment, including opportunities for tree protection and planting, whilst providing for town houses and other medium density dwellings, as well as some dispersed single dwellings. Canopy trees and understorey vegetation will continue to contribute to the character of the area, particularly in front setbacks to reinforce the character of the street, and along rear boundaries to soften the interface between dwellings.

The site coverage may be greater for accessible areas as long as tree and vegetation protection is achieved. The treed and spacious feel of the streetscape character will be retained and enhanced by ensuring front setbacks are large enough to plant a large tree and other vegetation. Building heights may also be increased for these developments, with the higher components generally positioned to front onto the street, and recessed from the lower levels to reduce their visual prominence and provide space for tree canopies.

Objective Complies?

To ensure new buildings and extensions are sympathetic to the current building form and architectural style.

Yes

Design Response

1. Incorporate the main themes, in correct proportions and scale from the 1950s and 1960s era as appropriate to the street, ie.: low pitched, hipped roof forms with a second or third hipped roof fronting the street; narrow, boxed eaves.

Yes

2. Second storey additions should reflect the architectural style and form of the existing building. N/A

3. In accessible areas, upper levels should be positioned towards the street frontage and recessed from the lower level wall surfaces.

Variation to Design Response

4. Period detailing is not encouraged, but if used should complement the architectural style and scale of the building.

N/A

5. Variation should be provided between each dwelling of a development that faces the street. This can be achieved through varied roof pitches, window and door placement, materials, façade articulation and other design detailing.

N/A

Discussion

The front two-storey component containing Units 1 and 2 which fronts Lower Plenty Road incorporates a low pitched roof with eaves and building forms of traditional scale, albeit with contemporary detail and materials. Unit 13 which is to the side of Units 1 and 2 has a flat roof however this is setback 14.04 metres from the front boundary and will sit comfortably within the building forms around it. The middle and rear three- storey components include skillion roof forms and a mix of materials (i.e. face brick, render and timber) which reference the surrounding area. The first floors are not recessed from the ground level walls below. Further discussion is provided below.

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Objective Complies?

To ensure that household services are not a visually prominent feature. Yes

Design Response

6. Solar panels should be located to minimise their visual impact. Air conditioning, rainwater tanks, bins and storage should be located and/or screened so they are not visually obtrusive in the streetscape.

Yes

7. In accessible areas, rooftop plant equipment should be screened and/or located to minimise their visual impact and integrate with the roof form.

Yes

Discussion

Domestic services are located where they would not be visible to the street, and no rooftop plant is required that would protrude above the roof line as shown on the plans.

Objective Complies?

To maintain consistency of current front setbacks whilst enabling tree planting in front gardens. Yes

Design Response

8. Dwellings should be setback in line with the predominant front setback of dwellings along the street.

Yes

9. In accessible areas only, a reduced front setback for new buildings (including basements) may be acceptable, if this respects the predominant front setback of nearby dwellings and supports the planting and future growth of a large tree to maturity.

N/A

10. For corner sites, the front setback of a dwelling facing the side street should be at a transition between the predominant setback along the side street, and the side setback of the dwelling facing the front street.

N/A

Discussion

The proposed built form is setback generally in line with the prevailing setbacks along Lower Plenty Road. The proposed front setback supports the retention of two existing substantial trees together with a new large canopy tree. Error! Bookmark not defined.

Objective Complies?

To ensure buildings and extensions do not dominate the streetscape or the building, and do not adversely affect the outlook and amenity of neighbouring dwellings.

Yes

Design Response

11. Second storey portions of buildings should be recessed from ground level wall surfaces, incorporated within roof spaces where possible and minimised in height.

Variation to Design

Responses

12. Buildings at the rear of a site should be designed to follow the topography of the land and respond sensitively to each interface. Second storeys (where appropriate) should be modest in size, have generous side and rear setbacks and be screened with vegetation.

13. In accessible areas, all upper levels should be positioned towards the street frontage and recessed from ground level wall surfaces.

14. Developments should minimise the need for cut and fill throughout the site.

Discussion

As stated above, the first floors are not recessed from the ground level walls below (it is also noted that Unit 13 also cantilevers out over the basement garage entrance). Rather, the upper and lower portions of the buildings are broken up through windows and balconies which provide articulation to the built form and through a mix of materials.

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Furthermore, walls are varied in their setbacks from side boundaries which provides some staggering of the built form and the extent of site cut means that views of any perceived sheer wall elements from the surrounding area is likely to be minimised, given that wall heights are generally between 4 and 6 metres (in one small section on the north elevation there is a wall which is approximately 7.2 metres high). The provision of a 5 metre break between the middle and rear three-storey components is such that a continuous built form along the length of the site is avoided. Consequently the rear component appears as 1 to 1.5 storeys when viewed from the surrounding area. The setback of the built form from the side and rear boundaries also means that there is an opportunity to provide a significant number of new canopy tree plantings around the periphery of the site that will serve to soften the built form. A substantial amount of cut at the rear of the site is proposed in order to facilitate the provision of a basement garage. This has resulted in the buildings generally limiting the overall height of the buildings which would appear as 1.5 to 2 storeys (even less for the rear component) when viewed from the surrounding area. The provision of a basement garage also substantially reduces the overall site coverage and means that there are greater opportunities for landscaping throughout the site.

Objective Complies?

To minimise loss of front garden space, and the dominance of vehicle access, vehicle storage facilities and built form as viewed from the street.

Yes

Design Response

15. Buildings should be sited to allow for the planting and growth of trees and shrubs. Yes

16. Locate carports and garages behind the line of the dwelling. Yes

17. Dedicated car parking spaces should not be provided between the front wall of a dwelling that faces the street, and the front property boundary. Landscaping such as large shrubs and trees in the front setback and garden beds along driveway edges should be provided to discourage car parking in this location.

Yes

18. Encourage outcomes that consider the Banyule City Council Residential Vehicle Crossing Policy 2012.


19. Driveways should include curves and bends that provide sufficient room for landscaping at varying heights.


20. Driveways should be finished in muted tones that soften their appearance and blend with vegetation.

Yes

Discussion

As stated above, the setback of the built form from all boundaries means that there is an opportunity to provide a significant number of new canopy tree plantings around the periphery of the site that will serve to soften the built form. The proposed basement garage is located behind the line of the dwelling. No dedicated car parking spaces are provided between the buildings the front property boundary. The proposal is generally in accordance with the Residential Vehicle Crossing Policy as only one crossover is proposed. The policy requires that crossovers should be single-width (i.e. 3 metres), except in special circumstances. In this instance, a double width crossover is considered appropriate given that the rhythm of crossovers and nature strips along this section of Lower Plenty Road would not be substantially impacted. Given the width of the accessway it would be impractical to require that curves be incorporated. Notwithstanding, there is sufficient space either side of the driveway to incorporate landscaping of varying heights. The submitted schedule of external materials and finishes shows a muted tone for the proposed driveway, as is appropriate.

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Objective Complies?

To maintain the openness of front boundary treatments the view of established front gardens and tree lines streets, and the presentation of dwellings to the street

Yes

Design Response

21. Buildings should be sited to allow for the planting and growth of trees and shrubs. Front gardens should contain at least one (1) large tree and understorey landscaping.

Yes

22. Secluded private open space should be located behind the line of a dwelling that faces the street. Variation to Design Response

23. Provide for open style fences appropriate to the era of the dwelling. Yes

Discussion

The proposal incorporates the retention of two existing substantial trees together with a new large canopy tree within the front setback. Secluded private open space for Unit 1 is provided on both the southern side of the dwelling and within the front setback. A 1.5 metre high timber slat fence encloses this space however it is well setback being 6 metres from the front property boundary. No front fence is proposed.

Objective Complies?

To maintain and strengthen the garden dominated streetscape character and landscaped setting of the precinct.

Yes

Design Response

24. Retain existing trees wherever possible. If this cannot be achieved, or a tree is considered appropriate for removal, the site should provide adequate space for offset planting of indigenous or native trees that will grow to a mature height similar to the mature height of the tree to be removed.

Yes

25. One (1) medium to large tree should be provided for every 400 sq.m of site area, with a preference for large trees. This may include existing trees that are worthy of retention. At least one of the large trees should be provided in the front setback.

Yes

26. Buildings (including basements) should be a sufficient distance from at least one side or rear property boundary to enable the planting and growth of medium to large trees. These setbacks should provide sufficient area for future growth of the mature canopy of trees, and understorey planting.

Yes

27. If more than one dwelling is proposed on a site outside an accessible area, sufficient separation should be provided between each dwelling to allow for the planting and future growth of small to medium trees and understorey vegetation.

Yes

28. Tree species and planting locations should be carefully selected to avoid canopy or root conflicts with overhead wires, easements and existing trees.

Yes

29. Building site coverage should not exceed 40% to enable sufficient pervious site area for planting, growth and retention of vegetation. This may be varied if the proposal is in an accessible area and demonstrates that the vegetated character of the site and Precinct is protected and enhanced by retaining existing vegetation and providing sufficient area for the planting of additional trees and other vegetation.

Yes

30. If there is no street tree within the frontage of a dwelling, a new street tree should be proposed. Yes

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Discussion

Two trees are proposed to be retained at the site (Tree nos 23 and 24) and are located within the front setback. All other trees are proposed to be removed however these are either low retention value trees or listed environmental weeds. There are sufficient open areas throughout the site to accommodate new landscaping including at least two new large canopy trees (one in the front setback and one along the southern side of the development), four new medium canopy trees and at least twelve small canopy trees. Overall, the setback of the built form from the side and rear boundaries also means that there is an opportunity to provide a significant number of new canopy tree plantings around the periphery of the site that will serve to soften the built form. Within the break between the middle and rear building components, there is sufficient space to accommodate small canopy trees (within planter boxes). Site coverage is 47% which exceeds the preferred maximum of 40%. The policy does however state that this can be varied if the site is in an ‘Accessible’ area and demonstrates that that the vegetated character. A variation in this instance is considered acceptable given the significant number of new trees that can be provided on site. Two existing street trees at the front of the site are proposed to be retained.

Objective Complies?

To ensure that developments on or near ridgelines retain existing trees, sit below the tree canopies, minimise excavation, and enable further tree planting to form a continuous canopy, so that the scenic quality is maintained and enhanced.

N/A

Design Response

31. New buildings at or near ridgelines should be designed and sited so that cut and fill is minimised and the building sits below the height of trees along the ridgeline.

N/A

32. New buildings at or near ridgelines should have muted colours and tones, and non -reflective materials.

N/A

33. Trees and vegetation that contribute to the landscape should be retained. New native or indigenous trees should be planted on or near the ridgeline to form a continuous canopy.

N/A

Discussion

The site is not on or near a ridgeline.

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Item: 4.3 Attachment 1: Letter of response from DEECD


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Item: 5.1 Attachment 1: Disability Action Plan 2014/15


BANYULE DISABILITY ACTION PLAN 2014/15

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Contents

Summary: ................................................................................................................................................ 2

Background: ............................................................................................................................................ 3

Development of DAP 2014/15 ................................................................................................................ 3

Demographic Background ....................................................................................................................... 4

National & State Policy Context .............................................................................................................. 4

Banyule City Council Policy Context ........................................................................................................ 5

Conclusion ............................................................................................................................................... 5

BANYULE - DISABILITY ACTION PLAN 2014/15 ............................................................................... 7

GOAL 1: Health and Wellbeing .............................................................................................................. 7

GOAL 2: Community Participation ........................................................................................................ 9

GOAL 3: Economic Participation ......................................................................................................... 10

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Summary:

The Disability Action Plan (DAP) outlines Council’s commitment to work towards building a strong

and inclusive community that welcomes and values the contributions of all its citizens.

The DAP identifies issues and barriers that people with a disability, their families and carers face in accessing Council services and participating in community life and includes proposed actions to address these barriers. Importantly the DAP also responds to Council’s obligations to support the inclusion of people with a disability as required by the Disability Discrimination Act 1992 (DDA), the Victorian Disability Act 2006 and the Charter of Human Rights and Responsibilities Act 2006. The 2014/15 DAP is an interim 12 month plan that includes projects and actions that will be

implemented whilst a longer term plan is developed in partnership with local organisations and the

community.

Background:

Council’s previous Disability Policy and Action Plan (DAP) 2009-2013 has expired. A review of the

policy and action plan implementation has been conducted and found 92% of actions have been

completed or are currently being implemented. Additionally it was noted that Council business units

generally had a strong appreciation and understanding of their need to comply with disability

standards and the consider people with a disability in their core work. The review of the previous

DAP outlined areas for future work including promoting and advertising of the good work Council

already does, for example: the tools available for residents with hearing impairments to participate

in Council meetings, and projects such as the Liveable Housing project.

In addition to promoting the current work of Banyule City Council, the review suggested that future

DAPs include greater focus on inclusion and mainstreaming inclusive processes. As acknowledged by

several of Council’s business units, the consideration of people with a disability is often due to an

‘unconscious awareness’ rather than a systematic approach. This ‘unconscious awareness’ needs to

be purposefully placed in processes and checklists across Council, so that disability does not

accidentally get overlooked. There is also a need for Banyule City Council to consider ease of access

for people with a disability. This would be classified as ‘social inclusion’ and relates to how people

with a disability feel welcome and encouraged to easily participate in community activities.

Development of DAP 2014/15

The Victorian Disability Act 2006 requires Councils to have a current DAP. The interim DAP 2014/15

allows Council to meet this requirement. The development of the DAP 2014/2015 has involved:

an analysis of the previous DAP and status of implementation;

an examination of the current policy environment;

engagement with Banyule City Council staff to identify outstanding or new actions; and

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identification of links with existing Council strategies, such as the Council Annual Business Plan.

The interim DAP 2014/2015 has also been developed using Banyule City Council’s new Inclusion

Access and Equity Framework (IAEF). The IAEF provides a consistent approach and methodology to

supporting Council’s diverse communities. The actions of the 2014/15 DAP have been organised

under the three Goals of Council’s IAEF:

1. Health and Wellbeing

2. Community Participation

3. Economic Participation

The other plans included under the IAEF are the

Multicultural Action Plan

Aboriginal and Torres Strait Islander Action Plan

Gay, Lesbian, Bi-sexual, Transgender & Intersex (GLBTI) Action Plan.

Demographic Background

Banyule City Council is home to 124,475 people3 with approximately 20% of residents’ self-reporting

that they have a permanent or long term disability4. This equates to approximately 24,895 residents

with one or more forms of disability such as physical, hearing impairment, blindness, psychological,

intellectual or acquired brain injury. Of the total population in Banyule, 4.8% (5,624) of people

report experiencing a disability that requires assistance to conduct their core activities.

National & State Policy Context

The National Disability Insurance Scheme (NDIS) is the new way of providing community access and

individualised support for people with permanent and significant disability, their families and carers.

It is a collaborative process between the Federal and State/ Territory governments and it is

progressively being rolled out at trial sites around Australia. The implementation of the NDIS will

impact Banyule residents and have a potential impact on Banyule City Council services.

‘Living Longer Living Better’ was the plan released by the Gillard federal government in April 2012 to

address Aged Care Reform. Many parts of the proposed reforms are still under development/

consideration. Banyule City Council is a key provider of home and community care (HACC) services

for older people and some people with a disability. The Aged Care Reforms will impact the future

3 Id. (2013) Community Profile

4 Banyule City Council (2011) Household Survey by Metropolis Research

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delivery of HACC services. Banyule City Council need to be aware of how these changes will impact

Council resources in the delivery of these services. The Aged Care Reforms will also impact

residents, be it an older person, person with a disability, carer or family member.

The Victorian Disability Act (2006) requires local governments to develop a Disability Action Plan

that works towards:

1. reducing barriers to persons with a disability accessing goods, services and facilities;

2. reducing barriers to persons with a disability obtaining and maintaining employment;

3. promoting inclusion and participation in the community of persons with a disability;

4. achieving tangible changes in attitudes and practices which discriminate against persons

with a disability.

The Disability Discrimination Act (1992) and the Charter of Human Rights and Responsibilities Act

(2006), also require Councils to protect the rights of people with a disability and reduce barriers and

discrimination facing people with a disability.

The MetroAccess program is a partnership between the State Government and local Councils that

aims to build inclusive communities. The Banyule MetroAccess Community Building Plan 2012-2015

outlines information gathered from people with a disability, disability services and community

organisations in Banyule. It also provides the context for the way the Banyule MetroAccess initiative

will respond to the local community priorities as well as broader priorities identified in the Victorian

State Disability Plan 2013-2016.

Banyule City Council Policy Context

City Plan 2013 - 2017

The DAP clearly articulates Council’s commitment to achieving good health and wellbeing for people

with a disability. The objectives of the DAP are clearly aligned to the commitments of Banyule’s City

Plan 2013 – 2017 and associated policy and strategy documents.

Inclusion Access and Equity Framework (IAEF)

Council’s IAEF is an overarching document which provides a consistent approach and methodology

to supporting Council’s diverse communities. This Interim DAP, as well as future planning for people

with a disability, will take into account the Banyule IAEF along with any other government

requirements.

The IAEF is based on three goals: Good Health & Wellbeing; Community Participation; and Economic

Participation. Council works towards achieving these goals for diverse communities through

coordinated service delivery across three key areas:

1. Inclusive Service Delivery.

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2. Support of local services to be available and inclusive, and advocacy on important issues for

diverse communities.

3. Building inclusive and equitable communities that value and celebrate diversity, through

opportunities for engagement, connection and celebration.

Conclusion

The DAP 2014/15 has been developed based on a review and evaluation of Council’s previous DAP

2009 – 2013 and responds to Council’s obligations contained in Victorian Disability Act (2006),

Disability Discrimination Act (1992) and the Charter of Human Rights and Responsibilities Act (2006).

The DAP 2014/15 includes a series of short term actions and projects that have been agreed to by

units across Council and will be implemented while the long-term DAP is established.

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BANYULE - DISABILITY ACTION PLAN 2014/15

GOAL 1: Health and Wellbeing Good health and wellbeing is desired by all members of the community. Health and wellbeing includes more than just the absence of illness.

Health and Wellbeing are influenced by a range of factors and includes having access to a range of health and wellbeing services and programs.

Council has a role to provide certain services that relate directly to health and wellbeing but other services and programs are provided by a

range of agencies and services. Council acknowledges that Health and Wellbeing also includes addressing issues and barriers not directly

labelled as health such as Community Participation and Economic Participation. Reaching the goal of Health and Wellbeing requires a range of

approaches and partners. Council will achieve its goal to improve health and wellbeing for people with a disability through:

1. Being and inclusive organisation and developing and providing inclusive Council Services and practices;

2. Supporting local services to be available and inclusive, and advocating on important issues for diverse communities; and

3. Contributing to building inclusive and equitable communities.

Approach 1. Being an inclusive organisation and developing and providing inclusive Council services and practices.

Actions: Service Unit Responsible Officer

Plan and deliver sustainable aged and disability services in line with HACC

guidelines, to support people live independently at home.

Health & Aged Services

Manager Health & Aging

Playground Strategy - Finalise Playground Strategy and address accessibility

outcomes.

Leisure & Cultural Services

Manager, Leisure & Cultural Services

Continue to implement and expand Council’s Liveable Housing Project to

improve residential housing accessibility.

Development Services Manager Development Services

Develop the 2015-2019 Disability Action Plan ready for Council adoption. Community & Social Planning Team Leader Community & Social Planning

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Approach 2. Supporting local services to be available and inclusive, and advocating on important issues for diverse communities.

Action: Service Unit Responsible Officer

Advocate (to Government and key organisations) for improved outcomes for

people in Banyule who are aged and/or have a disability services (i.e. Community

Transport, Commonwealth Aged Care Reforms and National Disability Insurance

Scheme)



Monitor Household Survey and Census reports for access issues and actions to be

further addressed.

Community & Social Planning

Team Leader Community & Social Planning

Participate in MAV advocacy work and submissions related to disability issues.



HACC Reforms - Keep abreast of the latest information in relation to the roll out

of the Commonwealth Aged Care Reforms and National Disability Insurance

Scheme to ensure a clear understanding of impacts on the Banyule community and

to enable Council to prepare and plan for the future.



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GOAL 2: Community Participation Community participation is strongly connected to health and wellbeing and includes being able to be involved in all aspects of community life

and connect with others. It is well established that people with a disability can experience barriers in being involved fully in community life due

to a range of factors including inaccessible built environments and the negative and discriminatory behaviours and attitudes of others. Council

will achieve its goal to improve community participation for people with a disability through:

1. Being an inclusive organisation and developing and providing inclusive Council Services and practices;





Community engagement technology - Investigate technologies to enable effective

community engagement.

Community & Social Planning

Team Leader Community & Social

Planning

Develop a prioritised plan for the expenditure of annual budget from the Access

Works program. This will also include an update to the 10 Year Capital Plan with

details as advised by the Project Owner.

Leisure & Cultural Services

Assets Management

Manager Leisure & Cultural Services

Assets Co-ordinator

Approach 2. Supporting local services to be available and inclusive, and advocating on important issues for diverse communities.

Approach 3. Contribute to building inclusive and equitable communities.


N/A

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Ensure that people with disabilities can equitably access Council Meetings and

participate in the decision making processes.

Governance Info & Laws

Governance & Information Co-

ordinator

Include a section on compliance with the disability access standards within the

redevelopment of the Council’s Communication Plan

Communications

Communications Co-ordinator.

Approach 3. Contributing to building inclusive and equitable communities. Action: Service Unit Responsible Officer

Continue to implement the MetroAccess Community Building Plan in line with

Department of Human Services State Disability Plan.

Youth & Family Services

Youth & Family Services Co-

ordinator,

Develop Terms of Reference and establish a Disability Reference Group. Community & Social Planning

Team Leader Community & Social

Planning

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GOAL 3: Economic Participation Economic participation is crucial to health and wellbeing. Having access to workforce participation impacts greatly on access to other essential

services and opportunities. Council is a large employer who can play a role in increasing the economic participation of people with a disability.

It is also important for Council to be able to work alongside other organisations and partners to increase pathways to employment and

economic participation. Council will achieve its goal to improve economic participation for people with a disability through:

1. Being an inclusive organisation and developing and providing inclusive Council Services and practices;





Training to be conducted with specific Service Units on inclusion and access for

people with a disability.

Human Resources

Workforce Development Support

Officer Human Resources.

Ensure the strategic direction for Activity Centre Structure Plans and public

places meets access compliance.

Strategic Planning

Manager Strategic Planning

Approach 2. Supporting local services to be available and inclusive and advocating on important issues for diverse communities.


HACC Reforms - Keep abreast of the latest information in relation to the roll out

of the Commonwealth Aged Care Reforms and National Disability Insurance

Scheme to ensure a clear understanding of impacts on the Banyule community and

to enable Council to prepare and plan for the future.



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Approach 3. Contributing to building inclusive and equitable communities. Action: N/A Service Unit Responsible Officer

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Item: 8.1 Attachment 1: Locality Plan
