Banyule City Council Agenda 27 June 2016 - Attachments only

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

27 June 2016 commencing at 7.45pm

ATTACHMENTS

4.2 Managing Construction Activity associated with Large DevelopmentSites

Attachment 1. Managing Development in Banyule ......................................................3

Attachment 2. Occupation of Council Land..................................................................7

Attachment 3. Construction Management Plans ..........................................................9

4.3 44 Turnham Avenue, Rosanna - Proposed Supermarket (P1260/15)

Attachment 1. Planning Policy ...................................................................................15

Attachment 2. Rosanna Library car park and footpath remodelling conceptplan.....................................................................................................25

Attachment 3. Plans ..................................................................................................27

4.4 Use and development of land at 29 Howard Street and 2-6 StubleyCourt, Greensborough, for a Car Park

Attachment 1. Attachment 1 - Background information ..............................................43

Attachment 2. Attachment 2 - Advertised plans .........................................................47

4.5 Banyule Surveillance Policy

Attachment 1. Draft Banyule Surveillance Policy .......................................................53

6.4 Items for Noting

Attachment 1. Safe Schools Program - Senator James Mcgrath ...............................65

Attachment 2. Safe Schools Program - Bill Shorten...................................................67

Attachment 3. Safe Schools Program - Senator Carol Brown ...................................69

Attachment 4. Safe Schools Program - Senator Marise Payne..................................71

Attachment 5. Safe Schools Program - Department of Education andTraining (on behalf of the Minister for Education andTraining and the Minister for Social Services) .....................................73

Attachment 6. Safe Schools Program - Tanya Plibersek MP .....................................75

Attachment 7. Safe Schools Program - Senator Sarah Hason-Young .......................77

Ordinary Meeting of Council - 27 June 2016 Page 2

Attachment 8. Safe Schools Program - Senator Ricky Muir ......................................79

Attachment 9. Safe Schools Program - Senator Eric Abetz .......................................81

Attachment 10. Safe Schools Program - Warren Truss MP ........................................83

Attachment 11. Safe Schools Program - Senator Glen Lazarus .................................87

Attachment 12. Safe Schools Program - Clive Palmer MP ..........................................89

Attachment 13. Safe Schools Program - Senator Fiona Nash .....................................91

Attachment 14. Safe Schools Program - Senator Claire Moore ...................................93

Attachment 15. Safe Schools Program - Julie Owens MP ...........................................95

Attachment 16. Banyule Environmental Banyule Environmental AdvisoryCommittee (BEAC) Meeting Notes June 2016 ...................................97

6.6 Submission to the Minister for Planning in relation to the proposedPlanning and Environment (Fees) Regulations and Subdivision (Fees)Regulations

Attachment 1. Proposed Planning and Subdivision Fee Changes ...........................103

Attachment 2. Submission on Proposed Planning and Environment (Fees)Regulations and Subdivision (Fees) Regulations..............................105

Item: 4.2 Attachment 1: Managing Development in Banyule


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4.2MANAGING DEVELOPMENT IN BANYULE

Development Planning & Engineering

The Development Planning team is responsible for managing the overall development andland use approvals process and subsequent enforcement in accordance with the LPPF andlocal rules prepared by Strategic Planning and the SPPF and P&E Act established by theState Government. Given the complexities of the planning process, public involvement anddetailed rules embodied in the Banyule Planning Scheme the team involved in the approvalscomponent of the process is quite large with individual expertise including arborists and asubdivision officer. The enforcement component, however, is limited to a ‘reactive’ servicewhich primarily responds to complaints. Technical input to the assessment and approvalsprocess is provided by the Engineering Services Team, primarily in regard to appropriatestandards and approval of designs in relation to car parking, roads and drains.

The issuing of planning permits has historically focused on the development outcome to beachieved with appropriate permit conditions relating to the development once completerather than the activities on and near a site during the construction phase. Constructionactivities have generally been managed through other State and local legislation such as theLocal Law and EPA in relation to pollution and noise. This continues to be the acceptedapproach, although conditions relating to construction activity which may impact on theultimate planning outcome are now commonly accepted. For example, a requirement toprotect a specific tree which is to be retained as part of a development is essential as aplanning permit condition as it is important that the tree is protected to achieve the overallplanning outcome sought. General conditions relating to construction activity are not usuallyexpected in a planning permit although the use of Construction Management Plans for somelarge development sites has been required in recent years. The requirement for aConstruction Management Plan provides some level of control over the construction processof these larger developments. The opportunity for and use of CMP’s is discussed in detail inthe “Technical Considerations and Discussion” section below.

Building (Banyule BPI)

Banyule BPI is responsible for managing building approvals in the municipality, but since thederegulation of the industry over 20 years ago only if appointed as the relevant buildingsurveyor. Private Building Surveyors can also be appointed to issue permits and monitorbuilding approvals on sites within Banyule. Nonetheless, the enforcement of buildingapprovals issued in the municipality, primarily in relation to structural integrity and safety ofbuildings and in accordance with relevant planning approvals is also another key function ofthe team. Banyule has been much more active in the enforcement of building regulationssince the appointment of a Building Enforcement Officer four years ago which has reducedthe incidence of building activity in breach of the regulations.

The Building Act 1993 & Building Regulations 2006 allow Council, through its MunicipalBuilding Surveyor, to enforce safety issues, such as pool fencing, dangerous buildings andunlawful building work. This makes building enforcement limited for amenity issues unlessthey affect safety. However, the Building Surveyor is responsible for ensuring that “siteprotection” works are in place which protects adjoining properties during construction and isparticularly relevant for sites which involve excavation.



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4.2 Local Laws

Council’s Local Laws Unit has wide ranging responsibilities for enforcing Councils LocalLaws. One of their key functions is to ensure that construction and building activity is wellmanaged in accordance with Council’s Local Law to minimise the impact of constructionactivity on the amenity of the surrounding area. The Local Law has clauses which requirebuilding works to be contained within the building site and also deal with issues such asdust, mud of roads, refuse and hours of work.

The Local Law also includes clauses relating to the occupation of roads and Council landand requires a permit to be obtained for hoardings, scaffolding, plant and equipment, skipsand bins which are on Council land outside of a building sites boundary. A permit under theLocal Law needs to be in a prescribed form set by Council and subject to the payment of theappropriate fee which is also set by Council.

It is expected that all builders, developers and tradespeople operating within Banyule willcomply with the Local Law. Breaches of the Local Law may be enforced under the relevantlegislation by Council’s Local Laws unit. For significant off-site issues the EPA, MelbourneWater or other Authorities may also be involved.

Construction (Asset Protection)

Building and construction activities which impact on Council assets are also governed by theLocal Law but are managed through Council’s Asset Protection unit rather than the LocalLaws unit of Council. The relevant clause within the Local Law states:

1. If any building work is to be carried out on land:

(a) the owner of the relevant land;

(b) the builder engaged to carry out building work on the land;

(c) any appointed agent; or

(d) any demolition contractor engaged to demolish some object on theland as part of the building work

must:

(e) not carry out or allow to be carried out building work on that landunless an Asset Protection Permit has been obtained;

(f) not carry out or allow to be carried out building work on that land inbreach of any conditions of an Asset Protection Permit that has beenobtained; and

(g) pay any Asset Protection Permit Bond determined by the Council fromtime to time.

2. If a person contravenes or fails to comply with Clause 1. above, Councilmay serve a Notice to Comply on that person requiring the repair,rectification, reinstatement, replacement or any other work to repair, rectify,re-instate or replace any asset vested in, controlled or owned by Council.

Note: Council will inspect and assess potential for damage to Council assets, including anAsset Protection Permit Bond. An Asset Protection Permit is not Consent orpermission to work from or upon Council Land and an application may be requiredfor the following Permits:• Occupation of Roads and Council Land• Interference with Council Assets



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4.2• Obstruction of Roads and Council Land

• Vehicle Crossings• Tradesperson Parking/Workzone

Councils Asset Protection unit is responsible for monitoring development impacts on Councilassets such as nature strips, street trees, kerb and channel, drains, roads and right of waysbut with the legislative power provided by the Local Law. The key principle behind the assetprotection system is that it is a ‘user pays’ approach where those responsible for damage toCouncil assets are responsible for the rectification. Once a Building Permit has been issuedeither through Council or through a Private Building Surveyor, the site is placed on amonitoring system for an Asset Protection Inspection which is subject to a $215 fee. Theinspection is conducted to ascertain the condition of Council’s assets before thecommencement of works. If, as a result of the inspection, it is deemed that the buildingworks may cause damage to any Council asset, the property owner is required to lodge asecurity deposit with Council.

When all works are completed the owner is required to request a final inspection. Theinspection will determine the condition of Council’s asset abutting the property and if damagehas occurred, a quotation will be forwarded to the owner stating the cost for Council toreinstate any identified damage or alternatively the owner may engage a contractor toreinstate Council’s assets. Once the assets have been reinstated the bond is returned.

The Asset Protection unit is also responsible for issuing permits under the Local Law forworks on Council land and within the Road Reserve such as a road opening, stormwaterconnection, footpath closure, vehicle crossover, drainage connection, and erecting ahoarding or other works associated with a new development. When a permit is issued worksmust be conducted in accordance with the conditions of the permit which include compliancewith appropriate standards of construction and usually require a traffic management plan. Afee is charged and a bond may be required as well as an inspection being undertaken.

Item: 4.2 Attachment 2: Occupation of Council Land


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4.2OCCUPATION OF COUNCIL LAND

Permit Type Location Legislation Considerations

CranePermit

Where theoccupation is on aroad or CouncilAsset

Road ManagementAct 2004

Public Safety & Asset Protection.Control the impact on residents androad users; ensure the works areundertaken safely.

ConcretePump

Where theoccupation is on aroad or CouncilAsset


Public Safety & Asset Protection.Control the impact on residents androad users; ensure the works areundertaken safely and the area is leftclean.

Hoarding Where theoccupation in on aCouncil Asset/Footpath

BuildingRegulations 2006

Public Protection as required underthe regulation 604 of the BuildingRegulations and deemed necessaryby the relevant Building Surveyor.

Work Area Where theoccupation of afootpath is requiredto undertake minorworks

DisabilityDiscrimination Act1992

Equal OpportunityAct 1995

Ensure works on a footpath areundertaken in a safe and compliantmanner and provide free andunencumbered access for pedestriansand those with disabilities.

Work Zone Provide TradeParking to BuildingSites and minordeliveries.

Road Safety Act1986

Victorian RoadRules

Ensure compliance with Parkingrestrictions and assist Developers andBuilders.

Gantry andScaffolds

Where theoccupation of afootpath is requiredto undertake majorworks or protectbuilding facade.

BuildingRegulations 2006

DisabilityDiscrimination Act1992

Equal OpportunityAct 1995

Public Protection as required underthe regulation 604 of the BuildingRegulations and deemed necessaryby the relevant Building Surveyor,protection of Heritage Buildings.

TempVehicleCrossovers

Entry and Egressfrom sites


Control the damage to council assetsand maintain the safe integrity of thefootpath for pedestrian usage.

Item: 4.2 Attachment 3: Construction Management Plans


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4.2Construction Management Plans

The intent and extent of the Construction Management Plan (CMP) is to ensure that theprocess of construction has minimal impact upon neighbouring land uses and Council'sinfrastructure. The CMP effectively summarises how it is that the developer and the builderare to comply with relevant requirements of the Local Law, the Building legislation and theEPA legislation throughout the construction phase. Although from time to time a view hasbeen expressed that the CMP could be required to be more restrictive than this legislation,there would appear to be no mechanism to require it to be so.

The origin of the practice of requiring a CMP as a condition on a planning permit is unclear,however it raises a number of issues:

• The preparation and approval of a CMP provides a mechanism for a developer to thinkthrough the implications of their construction activity on the lives of surroundingproperty owners and occupiers. Ideally, they should be considering issues such asasset protection, deliveries (hours, means of access, storage), and constructionactivity (hours, facilities provided to staff on site, parking of staff vehicles). Many ofthese issues are separately controlled by the relevant Building Surveyor, the EPA orCouncil through its Local Law.

• A planning permit is a convenient place to draw a permit holder (and subsequentlydevelopers) attention to this requirement, and linking the approval of the CMP to thecommencement of the works should mean that all issues are appropriately addressed,and all relevant approvals given, prior to commencement.

• The purpose of the Planning and Environment Act 1987 (P&E Act) is to regulate theuse and development of land, not the construction process. As any permit conditionsmust relate to the nature of the approval being given, conditions should not generallyseek to control the construction process. However there will be instances when theconstruction process will impact upon, or have the potential to impact upon, existinguse and development, or result in actions which require a planning permit in their ownright (eg. The construction of an extension to an existing medical centre may result in atemporary reduction in car parking below the standard Planning Scheme requirement,or building activity on a site near a waterway may result in the temporary provision offill within land affected by an Inundation or Special Building Overlay).

• The fines associated with a Planning Infringement Notice (5 penalty units for a naturalperson and 10 for a body corporate, currently $758.35 and $1516.70 respectively) areequivalent in value to those associated with an Infringement Notice under the LocalLaw (5 or 10 penalty units each for matters associated with construction sites, withdifferent penalties for different offences).

• The application of a CMP condition on planning permits has been ad-hoc, withindividual planning officers differing in when and how the requirement is imposed.Similarly, assessment of the suitability of any submitted CMP has differed from officerto officer, with differing levels of involvement of both Local Laws officers and/or AssetProtection officers in this process.

There are issues with requiring CMP’s as a planning permit requirement. These aresummarised as follows:

1 The purpose of the planning function: A CMP seeks to provide a summary of controlsthat are, for the most part, outside of the purpose of the planning function;



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2 The location of the matter sought to be controlled: Many of the controls captured withina CMP are concerned with off-site activities whereas the scope of assessment of anydevelopment permit is legally limited to the title boundaries of the planning parcel;

3 The enforceability of the permit condition: Any failure to provide a CMP prior to thecommencement of works or to comply with the requirements may not be able to besuccessfully enforced through the provisions of the Act as a result.

The purpose of the planning function

It is acknowledged that the overall planning function is focused on the use and developmentof land. However for the purpose of clarity the term ‘use’ is not relevant to any requirementfor a CMP (as ‘use’ alone does not involve construction).

Notwithstanding that the term ‘development’ has a broad meaning under the Act, it isconsidered that the term ‘development’ in the context of the planning permit function shouldbe read as a noun – not a verb. Development is a thing – not a doing. If such a contextualinterpretation is accepted then the term ‘development’ refers to the completed construction –not the process of construction.

This interpretation is evidenced by analysis of the objectives of planning in Victoria (asdefined within the Act) and the decision guidelines within the planning scheme.The objectives of planning in Victoria are set out in Section 4(1) of the Act, as follows:

• To provide for the fair, orderly, economic and sustainable use anddevelopment of land.

• To provide for the protection of natural and man-made resources and themaintenance of ecological processes and genetic diversity.

• To secure a pleasant, efficient and safe working, living and recreationalenvironment for all Victorians and visitors to Victoria

• To conserve and enhance those buildings, areas or other places which areof scientific, aesthetic, architectural or historical interest, or otherwise ofspecial cultural value

• To protect public utilities and other assets and enable the orderly provisionand coordination of public utilities and other facilities for the benefit of thecommunity

• To facilitate development in accordance with the objectives set out in thepoints above

• To balance the present and future interests of all Victorians

The decision guidelines found at Clause 65.01 of the Banyule Planning Scheme provide:

Before deciding on an application or approval of a plan, the responsible authoritymust consider, as appropriate:

• The matters set out in Section 60 of the Act

• The State Planning Policy Framework and the Local Planning PolicyFramework, including the Municipal Strategic Statement and local planningpolicies

• The purpose of the zone, overlay or other provision

• Any matter to be considered in the zone, overlay or other provision



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4.2• The orderly planning of the area

• The effect on the amenity of the area

• The proximity of the land to any public land

• Factors likely to cause or contribute to land degradation, salinity or reducewater quality

• Whether the proposed development is designed to maintain or improve thequality of stormwater within and exiting the site

• The extent and character of native vegetation and the likelihood of itsdestruction

• Whether native vegetation is to be or can be protected, planted or allowedto regenerate

• The degree of flood, erosion or fire hazard associated with the location ofthe land and the use, development or management of land so as tominimise any such hazard

Conditions imposed on any permit issued must relate to those matters for which a permit isrequired, and the appropriate decision guidelines. Matters of construction management donot ordinarily fit within this scope, whether or not these matters are separately (oradequately) addressed by other legislation.

Further, whilst many developments require a planning, the relevant planning permit trigger isnot always associated with development and there may not have any development relatedconditions included within the permit. Therefore any system which relies on constructionmanagement plans should not rely on the planning permit system to require such plans.

The location of the matter sought to be controlled

The scope of assessment for a development permit is limited to buildings and works thattake place on the subject land. Where the subject land comprises of more than one lot thesite is referred to as the planning parcel.

Except in very limited circumstances, a planning permit cannot legally provide controls thatare applicable to adjoining land or public land. In the overwhelming majority of cases, theambit of discretion for a development permit does not extend beyond the title boundaries ofthe planning parcel. It is therefore inappropriate for a planning permit condition to seek tocontrol matters such as parking on nearby roads, proposed routes of access to and from thesite for deliveries, propping of concrete or delivery trucks on the road during construction orother similar matters.

As an aside - It is acknowledged that a ‘use’ permit will seek to control activities on the landthat have the potential to impact on the amenity of the environment such as operationalhours, noise levels and compliance with relevant SEPPs. However it is to be recognisedthat such controls are normally limited to ‘use’ permits and importantly are limited to activitiesthat take place on the land – not off-site.

The enforceability of the permit condition

It is recognised that any failure to submit a CMP prior to the commencement of works willconstitute a breach of a properly constructed planning permit condition. However such abreach would be an administrative breach only, in the same way as a failure to submitcondition 1 plans or a landscape plan for endorsement or any other subordinate instrument.The Victorian Civil and Administrative Tribunal have consistently held that the failure tosubmit a subordinate instrument prior to the commencement of works does not invalidate thepermit – rather this omission simply constitutes a breach of the permit.



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Similarly, a complaint alleging matters such as ‘mud on the road’ or ‘dust emissions’ or‘construction working times’ are (if proven) breaches of the relevant legislation that controlsthat activity. Such allegations should not be seen as a breach of the planning permit (whichderives its authority from the planning legislation).

The following is a (limited) list of allegations that may be received by the Council during theconstruction phase which are outside of the planning legislation.

Issue Appropriate LegislationDust control Local Law and EPAConstruction site refuse Local LawConstruction site hours Local Law and EPADelivery times to construction site Local LawNoise from construction site EPA and HealthSpoil (mud) on roads from construction site Local LawOccupation of roads (i.e. queuing of trucks) Local LawObstruction of road Local LawDamage to a Council asset Local LawUnsightly land Local LawUnsafe vacant land/building Building and Local LawPotential fire hazard Local Law

The crossover – potentially relevant planning consideration

There are limited circumstances where some part of the construction phase may impactupon the existing permitted use of the land or some other control affecting the land. In suchcircumstances the planning function should consider whether or not it should exercise someform of control over the potential impact.

Potentially relevant planning considerations may include:

• A temporary reduction in approved car parking on the land for the period ofconstruction;

• The temporary storage of soil or materials on land affected by the LSIO, ESO orsimilar planning control; or

• The potential for damage to occur to heritage fabric during any partial demolitionphase.

Having regard to the above it is appropriate that any potentially relevant planningconsideration be provided for by conditions of permit.

Temporary signage displayed during construction may also require a planning permit or beprohibited by the Scheme, and has been the subject of complaints. The need to considerthe Planning Scheme requirements in this regard can be reinforced by amending thestandard signage note and including it on all permits issued for development.

However it is also recognised that from a whole-of-Council perspective there remains thedesire to ensure that the developer has focused their attention on the implications of theproposed construction activity on surrounding residents and infrastructure. This could beassisted by the inclusion of a new standard note on planning permits drawing thedeveloper’s attention to the need to appropriately manage construction. This is similar toexisting standard notes in relation to the need to obtain a building permit or consent forworks within an easement. There may also be the option of including a straight forward‘enabling’ permit condition which requires a CMP to be submitted to and approved by



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4.2Council for larger developments but the responsibility for approving the CMP enforcing it

does not does not sit with the Development Planning Unit.

It is acknowledged that the scope of this note or condition would require the submission of asignificant number of Construction Management Plans each year. The resourcingimplications and criteria to establish when a Construction Management Plan should berequired is discussed later in this report.

An alternative to requiring CMP’s through Planning Permits

Under General Local Law No. 1 (2015), Part 3, Section 3.3, it is a requirement that an AssetProtection Permit is obtained prior to the commencement of building works. Once a BuildingPermit has been issued either through Council or through a Private Building Surveyor,Building and Civil Works Unit include the property owner onto the system for an AssetProtection Inspection and notify them of this by letter. Following the inspection a report andinvoice is posted to them.

An alternative and practical approach to construction management would appear to be toprovide information and a pro-forma Construction Management Plan which encouragesthose undertaking construction activity to both think about the management of this activityand submit a plan in the weeks prior to the commencement of construction.

A pro forma checksheet could be prepared with an aim to achieve a balance betweeninformation to builders on Council requirements and a simple but reasonably thoroughchecklist for them to complete. Once finalised, it could readily be enclosed with the letterprovided to the property owner, or included in the Asset Protection Inspection Request formon Council’s website. A more targeted approach would be to forward it to the buildingcontractor, rather than the property owner, however this would require modified or additionaladministrative processes.

Item: 4.3 Attachment 1: Planning Policy


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4.3P1260/15 – 44 TURNHAM AVENUE ROSANNA – ATTACHMENT

PLANNING CONTROLS

The following planning controls are relevant to the assessment of application:

COMMERCIAL 1 ZONE

The purpose of this zone is:

• To create vibrant mixed use commercial centres for retail, office, business,entertainment and community uses.

• To provide for residential uses at densities complementary to the role and scaleof the commercial centre.

A planning permit is not required for the use of the land for a Supermarket (Shop) as nomaximum leaseable floor area is specified within the schedule to this zone.

However, planning approval is required for buildings and works within this zone.

MIXED USE ZONE


• To provide for a range of residential, commercial, industrial and other uses whichcomplement the mixed-use function of the locality.

• To provide for housing at higher densities.

• To encourage development that responds to the existing or preferredneighbourhood character of the area.

• To facilitate the use, development and redevelopment of land in accordance withthe objectives specified in a schedule to this zone.

A planning permit is required for the use of the land for a Supermarket (Shop) as theleaseable floor area will exceed 150m2. A permit is therefore required for the associatedbuildings and works (confined to the car park on this portion of the site).

VEGETATION PROTECTION OVERLAY (VPO5)


• To protect areas of significant vegetation.

• To ensure that development minimises loss of vegetation.

• To preserve existing trees and other vegetation.

• To recognise vegetation protection areas as locations of special significance,natural beauty, interest and importance.

• To maintain and enhance habitat and habitat corridors for indigenous fauna.

• To encourage the regeneration of native vegetation.

A permit is required to remove, destroy or lop those trees which meet either of the following:

• Has a height of 12 metres or more, or



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• Has a trunk or stems that collectively are more than 400mm in diameter,measured at 1400mm above the base of the tree.

The Vegetation Protection Overlay only applies to a small portion of the south eastern part ofthe site which contains no protected trees. However, the VPO5 covers trees within theTurnham Avenue Road Reserve at the front of the site where two trees are proposed to beremoved – trees 2 and 7. Of these trees, tree 2 exceeds 12 metres in height and is thereforeprotected under this overlay. Tree 7 is less than 12 metres in height and is therefore notprotected.

CLAUSE 52.06 – CAR PARKING

The purpose of this clause is:

To ensure the provision of an appropriate number of car parking spaces havingregard to the demand likely to be generated, the activities on the land and the natureof the locality.

To support sustainable transport alternatives to the motor car.

To promote the efficient use of car parking spaces through the consolidation of carparking facilities.

To ensure that car parking does not adversely affect the amenity of the locality.

To ensure that the design and location of car parking is of a high standard, creates asafe environment for users and enables easy and efficient use.

A permit is required to reduce (including reduce to zero) the number of car parking spacesrequired under Clause 52.06-5. A planning permit is required in this instance as the proposalseeks to reduce the number of on-site parking spaces.

Table 1 of this clause sets out the car parking requirement that applies to a use listed in thetable. The table specifies a rate for supermarket of 5 spaces to each 100m2 of leaseablefloor area. The proposal includes 2702m2 of leaseable floor area.

The car parking requirements, provision and shortfall are set out in the table below.

Use Spaces required Proposed Shortfall

Supermarket 135 (2702m2 x 5) 86 49

CLAUSE 52.07 – LOADING AND UNLOADING OF VEHICLES

The purpose of this clause is:To set aside land for loading and unloading commercial vehicles to prevent loss ofamenity and adverse effect on traffic flow and road safety.

This clause specifies that:No building or works may be constructed for the manufacture, servicing, storage orsale of goods or materials unless:

• Space is provided on the land for loading and unloading vehicles as specified inthe table below.

• The driveway to the loading bay is at least 3.6 metres wide. If a drivewaychanges direction or intersects another driveway, the internal radius at thechange of direction or intersection must be at least 6 metres.



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4.3• The road that provides access to the loading bay is at least 3.6 metres wide. A

permit may be granted to reduce or waive these requirements if either:

• The land area is insufficient.

• Adequate provision is made for loading and unloading vehicles to the satisfactionof the responsible authority.

Floor areFloor area of building Minimum loading bay dimensions

2,600 sq m or less in singleoccupation

Area 27.4 sq mLength 7.6 mWidth 3.6 mHeight clearance 4.0 m

For every additional 1,800 sq m orpart

Additional 18 sq m

A planning permit is not required for the proposed loading bay as it satisfies the aboverequirements.

CLAUSE 52.34 –BICYCLE FACILITIES

Clause 52.34 states that a new use must not commence or the floor area of an existing usemust not be increased until the required bicycle facilities and associated signage has beenprovided on the land.

The table below outlines the proposed provision of bicycle parking on site

Use Spaces required Proposed Shortfall

Supermarket(Shop)

4 (Employees) 10 05 (Visitors) 8 0

Total 9 18 0

The proposal includes 5 double sided bicycle parking spaces at the rear of the site in the carpark and 4 double sided spaces are shown adjacent to the footpath next to the entrance atthe front of the site.

POLICIES CONSIDERED

STATE PLANNING POLICY FRAMEWORK

The following policy is relevant to the assessment of the proposal and is outlined below andexpanded on where considered appropriate:

Settlement

Clause 11.01- Activity Centre policy seeks to build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network ofactivity centres. Policies on Metropolitan Melbourne also seek to encourage housingaffordability and choice, job creation and liveable communities.

Built Environment and Heritage

Clause 15.01-1 and 15.01-2 (Urban Design and Urban Design Principles) seeks tocreate urban environments that are safe, functional and provide good qualityenvironments with a sense of place and cultural identity and achieve architectural and



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urban design outcomes that contribute positively to local urban character and enhancethe public realm while minimising detrimental impact on neighbouring properties.

Strategies:

Apply the following design principles to development proposals for non-residentialdevelopment or residential development not covered by Clause 54, Clause 55 orClause 56:

Context• Development must take into account the natural, cultural and strategic context of

its location.

• Planning authorities should emphasise urban design policies and frameworks forkey locations or precincts.

• A comprehensive site analysis should be the starting point of the design processand form the basis for consideration of height, scale and massing of newdevelopment.

The public realm• The public realm, which includes main pedestrian spaces, streets, squares, parks

and walkways, should be protected and enhanced.

Safety• New development should create urban environments that enhance personal

safety and property security and where people feel safe to live, work and move inat any time.

Landmarks, views and vistas• Landmarks, views and vistas should be protected and enhanced or, where

appropriate, created by new additions to the built environment.

Pedestrian spaces• Design of interfaces between buildings and public spaces, including the

arrangement of adjoining activities, entrances, windows, and architecturaldetailing, should enhance the visual and social experience of the user.

Light and shade• Enjoyment of the public realm should be enhanced by a desirable balance of

sunlight and shade.

• This balance should not be compromised by undesirable overshadowing orexposure to the sun.

Energy and resource efficiency• All building, subdivision and engineering works should include efficient use of

resources and energy efficiency.

Architectural quality• New development should achieve high standards in architecture and urban

design.



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4.3• Any rooftop plant, lift over-runs, service entries, communication devices, and

other technical attachment should be treated as part of the overall design.

Landscape architecture• Recognition should be given to the setting in which buildings are designed and

the integrating role of landscape architecture.

Clause 15.01-5 seeks to recognise and protect cultural identity, neighbourhood characterand sense of place.

Clause 15.02-1 seeks to encourage energy and resource efficiency.

Economic Development

The objective under Clause 17.01-1 for commercial activity is to encourage developmentwhich meet the communities’ needs for retail, entertainment, office and other commercialservices and provides net community benefit in relation to accessibility, efficientinfrastructure use and the aggregation and sustainability of commercial facilities.

LOCAL PLANNING POLICY FRAMEWORK

Municipal Strategic Statement

Council’s Municipal Strategic Statement sets the direction for land use and development inBanyule by identifying key planning elements for consideration and nominating a series ofobjectives and strategies for each. The overarching vision of the Municipality is:

Banyule will be regarded as a city offering a range of quality lifestyles in an urbansetting enhanced by the natural environment, and served by an efficient andcommitted Council.

The relevant objective encompasses Environmental Management.

Commercial Land Use

The three main objectives of clause 21.04-2 are outlined below:

Commercial Economic Development

To support a diversity of viable, high-quality Activity Centres and Neighbourhood Centresoffering a range of retail, business, entertainment, community and tourist-related goods,services and employment. Strategies to achieve this objective include:

• Reinforce the existing hierarchy of retail and commercial centres in Banyule byallowing the development of existing centres to provide an improved andcompetitive level of service wherever this is supportable in terms of market(resident) demand and commercial viability.

• Define a primary retail core for each major centre and discourage theestablishment of non-retail uses at ground-floor level.

• Enhance Banyule’s identified tourist assets.

• Encourage leisure and entertainment facilities in association with key ActivityCentres and Neighbourhood Centres, in particular, the provision of a regionalaquatic and leisure centre within the Greensborough Activity Centre.



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Consolidation of commercial uses

To consolidate and enhance of the existing role of commercial centres in the municipality.Strategies to achieve this objective include:

• Reinforce the regional status of Greensborough Activity Centre as the mainshopping, business and entertainment centre, serving the north-east region ofouter metropolitan Melbourne.

• Encourage businesses to fully utilise existing office space.

• Encourage larger-scale office development to locate in nominated areas withinthe Greensborough, Heidelberg and Ivanhoe Activity Centres.

• Facilitate projects that will support business growth, employment and servicedelivery.

• Encourage smaller office development in centres in such a way that retail rolesare not fragmented.

Commercial uses outside of Activity Centres

To provide appropriate opportunities for business activities outside Activity Centres.Strategies to achieve this objective include:

• Encourage tourism-related businesses based on Banyule’s competitive strengths.

• Protect residential areas from unsuitable intrusions of non-residential uses thatmay have a detrimental impact on residential amenity.

• Encourage residents to work from home where the amenity of the neighbourhoodwill not be adversely affected.

• Identify large main road sites that may offer opportunities for new, regional retailfunctions which cannot be accommodated easily or economically in existingcentres.

• Investigate alternative use or redevelopment of commercial centres which nolonger perform a viable retail or service function.

• Encourage the transition of small, unviable shopping centres to non-retail uses –including office, service business and residential uses – where appropriate.

Built environment

The three main objectives of clause 2.06 relevant to the assessment of this application areoutlined below:

Safe, attractive and high quality built environment

To provide a safe, attractive and high-quality built environment. Strategies to achieve thisobjective include:

• Encourage uniform signage and shop frontage, particularly within strip shoppingcentres.

• Encourage high standards of design for buildings, works, signage andlandscaping.



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4.3• …

• Encourage the viability and enhancing the local character of strip shoppingcentres.

• Encourage high quality architecture and urban design.

• Encourage development to have active frontages and direct pedestrian access toabutting parklands.

• Ensure that off-site stormwater discharges are controlled.

• Ensure that off-site waste water discharges are eliminated.

• Ensure that flood risk and fire hazard are considered in relation to land use anddevelopment.

Character and identity

To ensure that development respects and contributes to the desired future character ofresidential neighbourhoods and the identity of Activity Centres and Neighbourhood Centres,in a manner that supports varying degrees of housing change. Strategies to achieve thisobjective include:

• Work towards undergrounding all telecommunication and electric cables.

• Encourage residents to care for street trees in consultation with Council.

• …

• Encourage the retention and planting of significant trees, substantial trees andother vegetation to protect and improve the landscape character, streetscapes,habitat links and biodiversity of the area.

• Support the removal of environmental weeds with replacement planting that isconsistent with the landscape character of the area.

• …

Sustainable design

To encourage a built form that delivers more environmentally sustainable construction.Strategies to achieve this objective include:

• Encourage energy and resource efficiency, sustainable transport, pollutionreduction, waste management, and improved stormwater quality for buildingdesign and site layout, building, infrastructure and landscaping.

• Minimise the potential impacts of water, air and noise pollution on Banyule’senvironment.

• …

• Support the retention of significant trees and the planting of trees and othervegetation.

• Encourage environmentally sustainable design principles in new buildings, worksand refurbishments.



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• Encourage tree protection and the planting of trees in locations that help tominimise the urban heat island effect by providing shade and shelter for dwellingsand public spaces.

Environmentally Sustainable Design

The overarching objective is that development should achieve best practice inenvironmentally sustainable development from the design stage through to construction andoperation.

In the context of this policy best practice is defined as a combination of commercially proventechniques, methodologies and systems, appropriate to the scale of development and sitespecific opportunities and constraints, which are demonstrated and locally available andhave already led to optimum ESD outcomes.

Best practice in the built environment encompasses the full life of the build. It is a policy toencourage innovative technology, design and processes in all development, which positivelyinfluence the sustainability of buildings. The following objectives should be satisfied whereapplicable:

Energy performance

• To improve the efficient use of energy, by ensuring development demonstratesdesign potential for ESD iniatives at the planning stage.

• To reduce total operating greenhouse gas emissions.

• To reduce energy peak demand through particular design measures (eg.appropriate building orientation, shading to glazed surfaces, optimise glazing toexposed surfaces, space allocation for solar panels and external heating andcooling systems).

Water resources

• To improve water efficiency.

• To reduce total operating potable water use.

• To encourage the collection and reuse of stormwater.

• To encourage the appropriate use of alternative water sources (eg. greywater).

Indoor Environment Quality

• To achieve a healthy indoor environment quality for the wellbeing of buildingoccupants, including the provision of fresh air intake, cross ventilation, andnatural daylight.

• To achieve thermal comfort levels with minimised need for mechanical heating,ventilation and cooling.

• To reduce indoor air pollutants by encouraging use of materials with low toxicchemicals.

• To reduce reliance on mechanical heating, ventilation, cooling and lightingsystems.

• To minimise noise levels and noise transfer within and between buildings andassociated external areas.

Stormwater Management

• To reduce the impact of stormwater run-off.



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4.3• To improve the water quality of stormwater run-off.

• To achieve best practice stormwater quality outcomes.

• To incorporate the use of water sensitive urban design, including stormwater re-use.

Transport

• To ensure that the built environment is designed to promote the use of walking,cycling and public transport, in that order.

• To minimise car dependency.

• To promote the use of low emissions vehicle technologies and supportinginfrastructure.

Waste management

• To promote waste avoidance, reuse and recycling during the design, constructionand operation stages of development.

• To ensure durability and long term reusability of building materials.

• To ensure sufficient space is allocated for future change in waste managementneeds, including (where possible) composting and green waste facilities.

Urban Ecology

• To protect and enhance biodiversity within the municipality.

• To provide environmentally sustainable landscapes and natural habitats, andminimise the urban heat island effect.

• To encourage the retention of significant trees.

• To encourage the planting of indigenous vegetation.

• To encourage the provision of space for productive gardens, particularly in largerresidential developments.

Item: 4.3 Attachment 2: Rosanna Library car park and footpath remodelling concept plan


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Item: 4.3 Attachment 3: Plans


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Item: 4.4 Attachment 1: Attachment 1 - Background information


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4.4

29 Howard Street GREENSBOROUGH &2-6 Stubley Court GREENSBOROUGH Attachment 1

PROPOSAL IN DETAIL

The proposal incorporates the removal of 30 trees to facilitate the construction of a car park oneach property. Details of existing vegetation on the land is as follows:

Tree#

Species Common NameHeight

(m)Spread

(m)DBH(cm)

Retention

RatingSRZ(m)

TPZ(m)

Stubley Court

1 Brachychiton acerifolius Illawarra Flame Tree 8 3 23 Low 1.8 2.8

2 Betula pendula Silver Birch 10 5 28 Remove 1.9 3.4

3 Quercus palustris Pin Oak 15 12 50 High 2.5 6.0

4 Lagerstroemia indica Crape Myrtle 5 3 20 Remove 1.7 2.4

5 Fraxinus excelsior 'Aurea' Golden Ash 10 14 50 Low 2.5 6.0

6 Quercus palustris Pin Oak 14 14 60 High 2.7 7.2

7 Pittosporum undulatum Sweet Pittosporum 9 9 45 Remove (weed) 2.4 5.4

8 Eucalyptus bicostata Eurabbie 16 16 110 High 3.4 13.2

9 Ailanthus altissima Tree of Heaven 10 8 38 Remove (weed) 2.2 4.6

10 Corymbia maculata Spotted Gum 16 8 40 High 2.3 4.8

11 Eucalyptus camaldulensis River Red Gum 12 4 40 Poor 2.3 4.8

12 Eucalyptus camaldulensis River Red Gum 12 8 49 Poor 2.5 5.9


14 Corymbia maculata Spotted Gum 17 10 70 High 2.8 8.4

15 Grevillia robusta Silky Oak 15 10 58 Medium 2.6 7.0

16 Magnolia grandiflora Bull Bay 6 5 17 Low 1.6 2.0

17 Nerium oleander Oleander 4 2 20 Street tree 1.7 2.4

18 Nerium oleander Oleander 5 3 30 Street tree 2.0 3.6



Howard Street

21 Fraxinus angustifolia ssp.angustifolia

Desert Ash 9 8 31 Street tree 2.0 3.7

22 Fraxinus angustifolia ssp.angustifolia

Desert Ash 9 11 40 Street tree 2.3 4.8

23 Callistemon sp. Bottlebrush 5 3 15 Low 1.5 2.0





28 Acer palmatum Japanese Maple 4 4 10 Low 1.5 2.0



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32 Lophostemon confertus Brush Box 9 5 33 Medium 2.1 4.0

33 Lophostemon confertus Brush Box 6 4 24 Low 1.8 2.9

Trees 3, 5, 6, 8, 10-15 and 20 are protected by the Vegetation protection Overlay which affects 2-6Stubley Court. The proposal incorporates the removal of all but Trees 2, 13 and 14 from theStubley Court properties and all vegetation from the Howard Street property.

PLANNING CONTROLS IN DETAIL

ACTIVITY CENTRE ZONE SCHEDULE 1

The land use and development objectives to be achieved by the Zone include:



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4.4

Landscaping

• To create a greener Greensborough by providing landscaped spaces, plazas andother open spaces within and around the Activity Centre.

• To ensure landscaping is integrated with the design of the development andcomplements the landscaping of any adjoining public realm.

• To ensure development is well landscaped, including canopy trees wherepossible.

Transport and access

• To promote a safe, convenient and sustainable traffic and transport network thatassists walking, cycling and public transport use and maximises mobility for all.

• To ensure the design of parking and access areas is safe, practical, easilymaintained and allows for use of car parking space for multiple purposes.

• To design any car parking within the centre to facilitate its use for multiplepurposes throughout the week.

• To improve directional signage and way finding measures for users of the activitycentre.

• To ensure key community nodes and Key Pedestrian Areas have good access tosunlight, weather protection and clear pathways which link elements throughoutthe activity centre.

Whilst a planning permit would ordinarily be required to use the land for a Car Park, Clause 4.1to Schedule 1 of the Activity Centre Zone provides that “A permit is not required to use land forthe purpose of Local Government providing the use is carried out by, or on behalf of, the publicland manager.” The use of the land for a car park in association with the Activity Centre isconsistent with the role of Local Government as outlined by the Local Government Act 1989, andwith the objectives of the Zone.

No planning permit is required for works associated with the car park pursuant to the Zone, as thedevelopment is to be conducted by Council and the cost of works is less than $1 million.

VEGETATION PROTECTION OVERLAY

A planning permit is required to remove, lop or destroy trees on the Studley Court properties whichhave a height of 12m or more and a trunk circumference of more than 400mm. A planning permitis required for the proposed removal of Trees 3, 5, 6, 8, 10-12, 15 and 20.

REFERRAL COMMENTS

DEVELOPMENT PLANNING ARBORIST

Council’s Development Planning Arborist has advised that, of the trees of high retention value thatare nominated for removal, Tree 3 is the most appropriate to retain, given existing site conditionsand its ability to withstand the proposed construction.

Item: 4.4 Attachment 2: Attachment 2 - Advertised plans


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Item:4.5

Attachment 1: Draft Banyule Surveillance Policy


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4.5

Surveillance in Public Places

POLICY

Banyule City Council

Item: 4.5 Attachment 1: Draft Banyule Surveillance Policy


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4.5 Contents

DEFINITIONS

1 Policy Definitions .................................................................................................3

PURPOSE AND OBJECTIVES.................................................. 3

2 Purpose .................................................................................................................33 Objectives .............................................................................................................4

SCOPE...................................................................................... 4

4 Scope of Policy.....................................................................................................4

POLICY ..................................................................................... 4

5 Network Principles ...............................................................................................46 Decision to Implement surveillance systems ..................................................57 Documentation of Management Systems..........................................................68 Requests for Digital Images / Footage...............................................................79 Standard Operating Procedures and Training .................................................710 Signage .................................................................................................................811 Collection of Surveillence Data ..........................................................................812 Privacy...................................................................................................................813 Inappropriate Use and Complaint Management................................................814 Governance Evaluation and Monitoring ............................................................9

RELATED DOCUMENTS .......................................................... 9

15 Council Documents .............................................................................................916 Legislation ..........................................................................................................1017 Other Reference Material...................................................................................11

RESPONSIBILITY ....................................................................11

18 Responsible Officer ...........................................................................................11

REVIEW ...................................................................................11

19 Requirement to Review Policy..........................................................................11

APPENDIX 1 – Human Rights Charter – Assessment of Compatibility……………………….12



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4.5DEFINITIONS

1 Policy Definitions

CCTV Closed circuit television.Surveillancerecords/footage

Any information that is recorded or unrecorded that istaken from a surveillance system including any data, stillimages or moving images.

Steering Committee The committee established by Council to oversee theoperation of a system.

System A surveillance system in which a number of cameras areconnected through a closed circuit. The footage taken bythe cameras is sent to a television monitor or recorder.These systems consist of cameras, monitors, recorders,interconnecting hardware and support infrastructure.

Council Banyule City CouncilCouncil Audit & RiskCommittee

The Council committee for the ongoing management ofsystems. A function of the committee will be to upholdthe integrity of Council systems and ensure they operatewithin this policy

Department of Justice’sGuide

Guide to Developing for Public Safety in Victoria,Department of Justice, August 2011

FOI Freedom of Information (in reference to the Freedom ofInformation Act 1982 (Vic))

IPP Information Privacy Principles (from Schedule 1 of theInformation Privacy Act 2000 (Vic))

Public place Any place to which the public has access as of right or byinvitation, whether expressed or implied and whether ornot a charge is made for admission to the place.

A public place relevant to Council can include, but is notlimited to, public streets, public malls, shopping centres,Council car parks, open space parks or reserves; Councilmanaged public buildings or areas.

PURPOSE AND OBJECTIVES

2 Purpose

The purpose of this Policy is to assist Council to regulate the operation and management ofCouncil-owned surveillance systems which have been (or which in the future may be) installedfor use in public places.

The Policy enables Council to fairly, appropriately and reasonably perform its functions andexercise its powers in connection with public place surveillance throughout the Banyulemunicipality.

Amongst other relevant material, the Policy takes account of (and acknowledgement is given to)the Victorian Ombudsman’s Guidelines for developing Closed Circuit Television policies forVictorian Public Sector Bodies, November 2012.

The Policy will be freely available to Council staff and the public generally by being included onCouncil’s Internet website and a hard copy can be provided on request.

As well as being a general Policy document, the Policy includes the detail of Council’s audit andevaluation mechanisms and its complaint handling process. The Policy is intended to act as acode of practice for Council staff. Additionally, those members of Council staff working withCouncil systems will be expected to undertake their duties in accordance with the Policy.



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4.5 3 Objectives

The objectives of this Policy are:

• To ensure that systems are installed for a lawful and proper purpose that has thebenefits of increasing safety and security for people in Banyule and/or allow for Councilfunction use

• To ensure Council systems are compliant with relevant legislation and other laws;• To ensure that management of records/footage is appropriate, including in relation to

use, retention, security, privacy, access, disclosure, storage and disposal; and• To ensure there is appropriate and ongoing monitoring and evaluation of systems

SCOPE

4 Scope of Policy

This policy applies to all Council-owned systems installed in public places that have the purposeof public surveillance. They will be located in general public areas or Council managedbuildings.

The Policy does not apply to surveillance systems used by Council where public access isrestricted. The Policy does not apply where surveillance is for council operations for its ownassets, such as Waste Truck operations and road and pathway condition reports. However,any incidental footage captured by this surveillance that is requested through a formal channel,e.g., Victoria Police, is included in the scope of this policyThe Policy also does not apply to systems that are used by Council staff or its contractors fordrainage inspections.

POLICY

5 Network Principles

Council surveillance systems will be operated and managed in accordance with the followingprinciples:

• All aspects will be operated and managed with integrity and will be compliant with theall relevant legislation, standards, codes and guidelines as outlined in this Policy andotherwise in force from time to time;

• All aspects will be operated and managed with due regard to the privacy and respectfor the human rights of individual members of the public;

• Monitoring and access to surveillance records/footage will be controlled and managedin accordance with operating procedures of each system;

• Each system will be regularly monitored and evaluated to ensure that the purposes andobjectives of each system are being achieved; and

• The public will be provided with clear and easily accessible information in relation toexisting unmanned surveillance systems, including processes to request or to viewsurveillance records/footage.



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4.56 Decision to Implement surveillance systems

Council will, in making decisions affected by this Policy, utilise and take into account all relevantmaterial, including the Department of Justice’s CCTV Guide, in the development andimplementation of a system.

Any decision to implement a new (or retain an existing) Council-owned system will be assessedbased on meeting the following categories:

Purpose:

• To improve actual and perceived levels of safety;

• To reduce levels of graffiti and other forms of vandalism;

• To reduce anti-social behaviour e.g., the surveillance may have a preventative effect,or Council can use it to respond strategically to issues

• To reduce incidents of serious criminal offences and/or

• To reduce illegal behaviour such as rubbish dumping, or damage to Council property

• To improve Council’s facility supervision

• To monitor levels of activity at Council’s facilities

• Contractor monitoring at Council’s facilities

Criteria:

• Council owned land, or

• assess capacity for landowner to install where private property faces on to Council land;

• Meets legislative requirements;

• Meets cost benefit analysis;

• Fits in with councils broader strategic objectives for that site;

• Broader community safety and/or crime prevention initiatives are in place or planned forthis site to complement

• It benefits the broader community rather than individuals

• Needs and priorities have been considered and compared to other sites in Banyule

Supporting evidence

• Expert advice

• Qualified statistical data specific to the site and/or

• Council requests through its Customer Records Management (CRM) system

Operating management responsibility

• The ownership is determined to be council

• Where Police access and monitor data, a written agreement is put in place with Counciland Victoria Police about roles and accessing footage, or where an external companyaccess and monitor data, a licence agreement is in place.

The relevant use must be specifically stated for each system and such use must be inaccordance with the IPP 1: Collection (Information Privacy Principles from Schedule 1 of thePrivacy & Data Protection Act 2014. In accordance with IPP 2, any use for a purpose other



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4.5 than the primary purpose must be precluded or limited to exceptional circumstances, as

determined by Council and in accordance with the legislation.

Council will consult with its community, the wider public and other relevant stakeholders prior toestablishing a fixed surveillance system. The Victoria Police will be specifically consulted wherethe purpose of a surveillance system in a public place is to manage high crime locations andmatters of public order or safety. Council will otherwise consult with such other stakeholders asrequired in relation to the performance of a particular function. This may include utilitycompanies, private property owners and local traders.

The use of mobile cameras will not be subject to external consultation however they will beinstalled with signage to inform the community that they are there.

Council-owned systems will only be used as part of a range of strategies to improve communityoutcomes in that space, e.g., a public awareness campaign.

7 Documentation of Management Systems

In most cases, Council systems in public places will be owned, installed and maintained byCouncil. The responsibility for the operation and monitoring of the system will typically be by theVictoria Police, a private contracting company or a nominated member of Council staff.

Council owned with Victoria Police operating and monitoringWhere Victoria Police have direct access to view or download footage for a Council ownedsystem, Council and Police will have an agreement to share footage as required and where itcomplies with legislation

Externally operated and monitoredWhere a Council system is operated and monitored by a private contracting company, Councilwill enter into a Licence Agreement (or similar type of agreement) that will cover the keyconsiderations listed above.

Council operated and monitored systemsWhere a Council system is operated and monitored by Council, Council will prepare a StandardOperating Procedures Manual for each system that will cover the following:

• Confirmation that it meets the requirements section 6 of this Policy “Decision toimplement surveillance systems:

• Camera locations including number of cameras within one system

• Technical data including installation date, product specifications, manufacturers details,warranty information, technical drawings,

• Hours of operation

• purpose of system e.g. main function is Local Laws

• Type of monitoring – active, passive or retrospective (determined by the purpose)

• Maintenance – schedule, responsibility and budget

• Authorised users: nominated positions for operation, extraction, viewing, storage andanalysis of the data. Images/footage recorded is only able to be downloaded, viewed,copied and managed by the authorised officers.

• Training for operators of the system

• Data retention – recording should be kept for a minimum of 30 days and all retentionschedules longer than this will be recorded here. Where a Freedom of Information(FOI) request is made prior to deletion of data, the data will be retained longer than the30 days where possible, while waiting for a formal request/subpoena to arrive.

• Data that is used for evidential purposes will be securely stored and passwordprotected limiting access to approved and authorised officers only.



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4.5• Incident response – this will detail the responsibilities of reporting incidents that are

viewed on footage whether related to its main function or outside of main function, e.g.crimes recorded and viewed must be referred to police

8 Requests for Digital Images / Footage

Banyule City Council is committed to ensuring the right to privacy of individuals is respectedand honoured. This document is intended to ensure the privacy of individuals undertakinglawful activity is protected and to govern the manner in which data collected through theoperation 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 PrivacyAct 2000 applies or a Court Order via Subpoena

Access to CCTV footage will only be considered for the above if one of the following authorisedconditions is met:

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

• It is required as a preventative measure to dissuade or arrest anti-social or criminalbehaviour (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 thepublic has occurred (passive review of incidents);

• Where evidence is required in which to investigate or prosecute a suspected or allegedcrime (passive review); or

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

The decision as to whether access to footage is approved under the above authorisedconditions 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 on9490 4222.

Footage provided to an agency by Banyule City Council will be managed in accordance withrelevant legislation and standards.

9 Standard Operating Procedures and Training

When a new system is installed, Council will provide the operators of the system with therequired training and support to accompany the Standard Operating Procedures Manual.



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4.5 10 Signage

Council will advise the community by installing appropriate signage to indicate that they are inan area of a system where they may be observed or recorded. Signage will be placed so as tocomply with relevant Australian Standards in force from time to time and will comply with thefollowing requirements:

• Signs will be placed at each main access to the coverage area where the members ofthe public are reasonably entitled to use and be monitored;

• Signs will be prepared so as to be easily understood by members of the public,including people who are from non-English speaking backgrounds. Signs will include amix of text and symbols;

• Signs will be clearly visible, distinctive and located in areas with good lighting, placedwithin normal eye range and large enough so that any text can be read easily;

• Signs will identify Council as the owner of the system;

• Signs will include details of who to contact for any queries about the system; and

• Signs will be checked regularly for damage and theft, and replaced where required.

11 Collection of Surveillance Data

Council will ensure that its record keeping practices comply with the Public Records OfficeStandards for the management of public records, Public Records Office Specifications and thePublic Records Act 1973 (Vic). In general, camera footage is temporary and may be destroyedwhen any relevant administrative use has concluded.

Where footage has been provided to a third party (e.g. Victoria Police) it will be the third party’sresponsibility to retain the records/footage in accordance with the disposal authority that coverstheir agency’s functional responsibilities.

12 Privacy

Council will balance the need for surveillance against the right for privacy of members of thepublic. Council staff that use surveillance systems are required to act responsibly and considerthe reasonable expectations of the privacy of individuals. All Council staff that use surveillancesystems will undertake the training on privacy and understand the contents of this Policy,including the legislative requirements to ensure that the requirements of privacy are understood.Information gathered by Council as a result of a system will only be shared with its staff on aneed to know basis and in line with Council’s Privacy Policy.

13 Inappropriate Use and Complaint Management

Council staff who work with surveillance systems are to comply with the requirements of thisPolicy. Where a Council staff member is in breach of this Policy, there will be an internal reviewand appropriate action will be taken.

Any public complaints in relation to any aspect of a system relating to Council must be made inwriting to:Banyule City CouncilPO Box 51Ivanhoe 3087Or

[email protected]

Any member of the public that is dissatisfied with the outcome of their complaint to Council alsohas the right to complain to the Victorian Ombudsman using the following contact details:

mailto:[email protected]



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Victorian OmbudsmanLevel 9, 459 Collins Street (North Tower)Melbourne Victoria 3000Email: [email protected]: (03) 9613 6222

Any complaints that are made by members of the public to Council relating to the policies andprocedures of Victoria Police or to members of Victoria Police may be referred to the:

• Representative of Victoria Police;

• Officer in Charge for the Police station

• Victoria Police Professional Standards Command; or

• (Assuming jurisdiction) The Independent Broad-Based Anti-Corruption Commission.

14 Governance Evaluation and Monitoring

Council will establish a Surveillance Policy Steering Committee that is chaired by a Councilrepresentative and will be responsible to oversee the implementation of this Policy and itsongoing management;The first rigorous evaluation of a new system will occur between 12 and 18 months following thefull commissioning of the system.

The Surveillance Policy Steering Committee has the responsibility to uphold the integrity ofCouncil surveillance systems. The Surveillance Policy Steering Committee will be responsibleto:

• Report on the management of systems;

• Ensure adherence to the Standard Operating Procedures and , Council policies and thelaw;

• Promote public confidence in systems by ensuring its operations are transparent andsubject to public scrutiny; and

• Make recommendations to improve the integrity of systems.

RELATED DOCUMENTS

15 Council Documents

This Policy is supplemented by a number of Council documents that relate to surveillancesystems that include, but are not limited to, the following:

• Standard Operating Procedure Manuals developed for various surveillance systems;Operations and maintenance manuals developed for various systems;

• Council’s Privacy Policy ; and

• Council’s Corporate Information Management Policy

• Register of Councils surveillance systems

The implementation of Council surveillance systems supports the objectives, role and functionsof Council under the Local Government Act 1989 (Vic) and the goals and objectives of thefollowing Council strategic documents:

• Council Plan 2013-2017

mailto:[email protected]



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4.5 16 Legislation

Council surveillance systems are to be operated and managed in accordance with all relevantCommonwealth and State legislation. The list below is not complete and is a guide onlybecause legislation continually changes and new legislation is continually being applied.

State of VictoriaPrivacy & Data Protection Act2014

Regulates the collection, use and disclosure of‘personal information’ (other than health information)about individuals, including -captured information thatis recorded and which a person is potentiallyidentifiable. This legislation is to be considered whendetermining:

• How to protect privacy of individuals.• How to protect information which may confirm

the identity of an individual, for examplevehicle licence plates.

• How records are to be disclosed inaccordance with the Information PrivacyPrinciples from Schedule 1 of the Act.

• How footage will be protected from misuse,loss, unauthorised access, modification anddisclosure.

Public Records Act 1973 Provides requirements for the capture, access to,control, records management, storage and disposal ofinformation. This legislations is to be considered whendetermining:

• The circumstances records/footage isconsidered a public record.

• How long public records must be kept.• How public records must be maintained.• How public records are to be disposed of.

Private Security Act 2004 Provides a requirement of being granted a privatesecurity licence on the successful completion oftraining in relation to each activity for which thelicence is granted. This legislation is to be consideredto ensure Council’s employees and contractors actingas a control room operator or monitoring meet thelicensing requirements.

Charter of Human Rights andResponsibilities Act 2006 (theCharter)

Makes it unlawful for public authorities to act in a waythat is incompatible with human rights listed in theCharter, including the right not to have privacyarbitrarily interfered with. Requires any interference(such as through surveillance, recorded orunrecorded) to be demonstrably justifiable.

Freedom of Information Act1982

Provides the community with the right to requestinformation about the activities of Council, includingrecords/footage.

Evidence Act 2008 Establishes the legal standard for the admissibility ofevidence including records/footage.



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4.517 Other Reference Material

Council will ensure that their surveillance systems are operated and managed in accordancewith all relevant industry standards and guidelines including, but not limited to:

• Victorian Ombudsman’s Guidelines for developing Closed Circuit Television policies forVictorian Public Sector Bodies, November 2012.

• Guide to Developing CCTV for Public Safety in Victoria, the Department of Justice,August 2011;

• AS4806 Set-2008 Australian Standard Closed circuit television (CCTV) Part 4: remotevideo;

•

• Surveillance in Public Places, Final Report 18, the Victorian Law Reform Commission,May 2010; and

• Privacy Information Sheet 03.12, Privacy Victoria, March 2012.

RESPONSIBILITY

18 Responsible Officer

To be reviewed

REVIEW

18 Requirement to Review Policy

To be reviewed



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4.5 Appendix 1

HUMAN RIGHTS CHARTER – ASSESSMENT OFCOMPATIBILITY

In accordance with section 28 of the Charter of Human Rights and Responsibilities, thisstatement of compatibility is made with respect to Banyule City Council’s Surveillance in PublicPlaces Policy

This Policy is compatible with the human rights protected by the Charter.

ObjectivesBanyule’s Surveillance in Public Places Policy has been developed to apply to all surveillancesystems operating within Banyule. The policy is based on the Victorian Ombudsman’s ClosedCircuit Television in Public Places Guidelines – November 2012.

Human Rights Assessment

What humanrights areimpacted?

Will any personfeel their rightsare limited andwhy?

What are the interestsyou have to balance?

Is thelimitationreasonable?

What practical solutionsare available to reducethe limitation? If a limitedright is not reasonable,ensure comment madethat the document wasamended so the right iseither not limited orreasonably limited.

1 A right toPrivacyandReputation

Yes. Personscaptured on CCTVfootage may feelthat being filmed isan invasion of theirpersonal privacyand would beconcerned abouthow the footage willbe used and bywhom.

Protection of personalprivacy needs to bebalanced against thecommunity’s expectationof Council to deliver onits City Plan priorities

The City Plan 2013 – 17key directions thatsurveillance canpositively impact include

- develop andpromote,safety andresilience inthecommunity,

- avoid wastegeneration,and

- deliver bestvalue servicesand facilities

Limitation isreasonable asthe wholepurpose of thepolicy is toensure thesafeguard ofpersonalprivacy andthe handling ofpersonalinformation.

The policy puts in placeprotections for thecapture, access, storageand retention of the CCTVto mitigate any breachesof privacy. Access willonly be available forlawful usage.

Item: 6.4 Attachment 1: Safe Schools Program - Senator James Mcgrath


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6.4

Item: 6.4 Attachment 2: Safe Schools Program - Bill Shorten


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6.4

Item: 6.4 Attachment 2: Safe Schools Program - Bill Shorten


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6.4

Item: 6.4 Attachment 3: Safe Schools Program - Senator Carol Brown


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6.4

Item: 6.4 Attachment 4: Safe Schools Program - Senator Marise Payne


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6.4

Item: 6.4 Attachment 5: Safe Schools Program - Department of Education and Training (onbehalf of the Minister for Education and Training and the Minister for Social

Services)


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6.4

Item: 6.4 Attachment 5: Safe Schools Program - Department of Education and Training (onbehalf of the Minister for Education and Training and the Minister for Social

Services)


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6.4

Item: 6.4 Attachment 6: Safe Schools Program - Tanya Plibersek MP


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Item: 6.4 Attachment 6: Safe Schools Program - Tanya Plibersek MP


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Item: 6.4 Attachment 7: Safe Schools Program - Senator Sarah Hason-Young


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Item: 6.4 Attachment 8: Safe Schools Program - Senator Ricky Muir


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Item: 6.4 Attachment 9: Safe Schools Program - Senator Eric Abetz


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Item: 6.4 Attachment 10: Safe Schools Program - Warren Truss MP


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Item: 6.4 Attachment 11: Safe Schools Program - Senator Glen Lazarus


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Item: 6.4 Attachment 12: Safe Schools Program - Clive Palmer MP


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Item: 6.4 Attachment 13: Safe Schools Program - Senator Fiona Nash


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Item: 6.4 Attachment 14: Safe Schools Program - Senator Claire Moore


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Item: 6.4 Attachment 15: Safe Schools Program - Julie Owens MP


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6.4

Item: 6.4 Attachment 16: Banyule Environmental Banyule Environmental AdvisoryCommittee (BEAC) Meeting Notes June 2016


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6.4

Item: 6.6 Attachment 1: Proposed Planning and Subdivision Fee Changes


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6.6

Item: 6.6 Attachment 1: Proposed Planning and Subdivision Fee Changes


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6.6

Item: 6.6 Attachment 2: Submission on Proposed Planning and Environment (Fees)Regulations and Subdivision (Fees) Regulations


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6.6

Submission by Banyule City Council with respect tothe proposed Planning and Environment (Fees)Regulations and Subdivision (Fees) Regulations

Council welcomes the review of the planning and subdivision fees as outlined in theRegulatory Impact Statement, and is supportive of a user-pays system with some subsidiesfor single dwellings. Council would suggest that this subsidy also be extended tobusinesses and others conducting small-scale development.

Feedback in relation to the specific items outlined in page 14 of the RIS is as follows:

The proposed fees seek to recover the fullcost to councils (on average), however feesfor permits related to single dwellings andlow value developments are set below thefull cost recovery level. Is it reasonable toapply discounts for these applications? Isthe size of the proposed discountappropriate? Are the development valuethresholds at which they are proposedappropriate? Please explain your views.

Council supports the setting of fees at alevel which will generally provide full costrecovery to councils, so as to result in amore equitable funding of the planningsystem. However, due to relatively high thecost of providing this service for smallermatters when compared to the cost of thedevelopment proposed, it is considered thatdiscounts should be provided for singledwellings up to $1 million in value (ratherthan $2 million as currently proposed) andlow cost developments. Council is of theview that the $186 fee represents anappropriate discount. However, a greaterdiscount should be provided for low cost“other” developments, and would suggest:

• That a fee of $186 be applied todevelopment up to $10,000 across allcategories;

• That consideration be given as to what isan appropriate fee for “other”development with a value of $10,000 -$100,000 (currently no fee is indicated)

It is considered that this represents a moreequitable approach to the provision of adiscount, and will result in lower instances ofitems such as signage being erected withoutthe requisite planning permit.

The proposed fees for applications forsubdivision permits introduce a fee basedon the number of lots to be created. As thedata collected on subdivisions had only asmall number of applications for permitswith more than 100 lots, the department hasrelied on the advice of councils from thestakeholder reference group to propose a

Council supports the submission of theMunicipal Association of Victoria in relationto this matter, noting that it currently doesnot receive a significant number ofapplications exceeding 100 lots.



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6.6 fee for 100 lot increments. Is this

reasonable? Please explain your views.



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6.6In recognition that VicSmart offers a

streamlined permit decision process, theproposed planning regulations include newfee categories for VicSmart applications.These are for VicSmart permits:

• for use or development up to $10,000in value, including non-monetary valueapplications. This fee category is setat around 50 per cent of the actualcost to councils; and

• for developments over $10,000 forwhich the fee is set to recover the fullcost.

Bearing in mind that currently VicSmartpermits only relate to low impact application,including minor building or works of up to$50,000, as well as some small subdivisionmatters, are these categories appropriate?

Council supports the discounting of fees forsimple and low-value applications, and theprovision of a step in fees at a developmentcost of $10,000 is considered to beappropriate.

The proposed fee for each satisfactionmatter is $300. What impact would this haveif there are a large number of satisfactionmatters (e.g. conditions on a permit) or thesame matter is considered at differentstages of the development? Please explainyour views.

Council supports the submission of theMunicipal Association of Victoria that thismatter requires clarification. To dateCouncil has not been in the practice ofcharging applicants a fee for mattersrequiring its satisfaction pursuant to a permitcondition, save for the consideration ofamended plans under ‘secondary consent’and requests for extension of time topermits. The consideration and consent ofmatters pursuant to sections of the PlanningScheme and to permit conditions representsa significant amount of work which iscurrently not funded directly by the permitapplicant. However, it is understood thatthere are a number of interpretations of theapplication of the regulation amongstcouncils.

Council supports the quantum of the feeoutlined, and is of the view that asatisfaction fee is most appropriatelycharged on a per-condition, rather than per-matter basis. The requirement to provide afee, including discretion to require paymentof an additional fee where matters are notadequately addressed upon initialsubmission would assist in ensuring thatpermit applicants provide appropriatedocumentation at the outset.



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6.6 Under regulation 8 of the Subdivision (Fees)

Interim Regulations 2015 (fee for supervisionof works), a council or referral authority maycharge a fee of up to 2.5 per cent of theestimated cost of constructing the works whenthey supervise the construction of works. Isthe level of this fee appropriate? Is it likely toover-recover costs? Please explain yourviews.

Council supports the retention of a fee forsupervision of subdivision works of up to 2.5%of the cost of works, however would submitthat:

• It may be appropriate to provide someguidance as to where a lower requirementmay be appropriate, or to provide forpayment in two or more stages. Councilcurrently experiences a range of costs insupervising works, which is based uponthe number of times staff are required toattend the site and is not always reflectiveof the cost of development.

• For councils in established areas, themajority of works being supervised relateto the construction of multi dwellingdevelopments ahead of any approval tosubdivide the land. In thesecircumstances there is no mechanism forcouncil to recover the costs associatedwith the supervision of works. Thisrepresents an inequity based upon thetiming of lodgement of a subdivisionapplication, and it is submitted that someconsideration of these factors should beconsidered in a review of the planning andsubdivision fees.

The proposed Regulations retain the currentapproach to fee waivers and rebates; that iscouncils may only provide waivers or rebatesin limited, defined circumstances and will nothave a general discretion to charge a lowerfee. Where the department believes there is abasis for some fee categories to be set at lessthan full cost recovery to reflectconsiderations of ability to pay, these areincluded within the proposed fee schedules,rather than in the ability of councils to reducefees, to ensure that the approach toaffordability is applied consistently across thestate. Do you agree with the approach?

Council supports the approach outlined in theproposed Regulations.

In addition Council would provide the following:

Fees for multiple simultaneous requests

• Retention of the current system of charging 50% of the scheduled fee for applicationsseeking both use and development approval is considered to be appropriate. Councilwould support this also extending to include satisfaction matters (eg. a combinedapplication for use of land, development at a cost of $250,000 and consent under Clause52.06 having a fee of $2182.50, being $1425 plus half of $1213 and half of $300).



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6.6• In consideration of the nature of assessment of joint applications for planning scheme

amendments and planning permits, it is considered that the discounting of the permitapplication fee by 50% is not appropriate.

Fees for planning scheme amendments

Council generally supports the submission of the Municipal Association of Victoria inrelation to fees for planning scheme amendments, with the following additional comments:

• Council supports the use of the number of submissions as a mechanism for determiningfees associated with a planning scheme amendment. Whilst pro-forma submissionsmay result in a narrower set of issues to be addressed, each submission needs to beaddressed, which requires officer time.

• Council considers that the provision of pre-lodgement fees, or higher fees prior to publicexhibition of an amendment would be appropriate in order to ensure a truly user-payssystem, and that as such Fee Option 2 is preferable to Option 3. For example:

o Council has been conducting ongoing discussions with an owner of a specific parcelof land, with a view to rezoning the land. To date, these discussions have utilised inexcess of 50 hours of officer time, however no amendment request has beenlodged. This represents a significant cost burden on council which will not berecouped if the proponent decides not to proceed.

o Some agency-led amendments may not result in significant numbers ofsubmissions, but raise complex issues which are time consuming to assess.

• As the purpose of the changes in the fees is to ensure that local government isappropriately funded in a user-pays model for its planning functions, the fees charged tolocal government should not rise as a result of the proposed fee increases.

Other requests

• Council supports the setting of a fee as anticipated by section 178A(2)(c) of the Planningand Environment Act 1987. Council has received a number of requests in the previous 12months, and our experience is that consideration of such a request is similar in terms ofwork involved to a request to vary or remove a restrictive covenant, and would submit forthe purposes of ensuring a use-pays system, and also for a simplification of the feestructure, a corresponding fee of 89 fee units ($1,213) should be applied.

• Council’s experience is that a request for a Certificate of Compliance involves significantlymore work than the 2.5 hours anticipated within the RIS, and that officer time taken issimilar to an application for a planning permit for Change of Use. Requests also oftennecessitate Council obtaining specialised legal advice. It is suggested that a fee of 89 feeunits ($1,213) should be applied, as being both reflective of the work involved for counciland providing a more simplified fee structure for users.

Subdivision fees

Council would support combining the Statement of Compliance fee with the Certificationapplication fee, so as to minimise administrative costs to both applicants and councils.

Service improvements

The increase in planning fees foreshadowed by the RIS would allow Council to implement anumber of service improvements, including:



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6.6 • Further developing the ability for planning applications to be lodged online and a shift

towards electronic processing of applications. This has the potential to save applicantsboth time and money in the processing of applications.

• An ability to provide more targeted pre-application advice to clients through theappointment of additional staff.

• The provision of more support staff so as to reduce administrative delays in the planningprocess.

• The provision of additional resources to areas of Council directly impacted by planning andsubdivision applications. This may include engineering services, supervision of works, andenforcement.

Fee expiry and review

Council supports a continued review of fees, and in particular completion of the review andpublication of new fees well in advance of the proposed 2026 expiry of the fees currently beingconsidered.