Banyule City Council Minutes 18 August 2014

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 1 September 2014 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

18 August 2014 commencing at 7.45pm

MINUTES

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

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

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

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

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

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

PRESENTATION ................................................................................................................... 3

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

1.1 Petition against planning application at 118 Locksley Road Eaglemont .................. 4

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4

Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 4

Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 5

4.1 Banyule Planning Scheme Amendment C93 - Consideration of Panel Recommendations .................................................................................................. 5

4.2 Review of planning controls for the Middle Yarra River corridor .............................. 6 4.3 Proposed residential subdivision and development at 108-130 and 132

Diamond Creek Road, St Helena ............................................................................ 7 4.4 Additional Paid Parking Locations in Heidelberg ................................................... 26 4.5 Lower Heidelberg Road / Yarra Street Intersection Alterations ............................. 27 4.6 Proposed apartment building at 20 Morwell Avenue, Watsonia ............................. 28

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 30

5.1 Council Meeting Dates for 2015 ............................................................................ 30 5.2 Advocacy on Behalf of the Community - 1 January 2014-30 June 2014 ................ 31

MINUTES ORDINARY MEETING OF COUNCIL 18 AUGUST 2014

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 1 September 2014

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 31

6.1 Heidelberg Activity Centre - Pedestrian Precinct 40km/h Zone ............................. 31 6.2 14 Scotts Parade, Ivanhoe - Proposed vesting and removal of reserve status

from drainage reserve ........................................................................................... 32 6.3 Planning and Building Enforcement Framework consultation outcomes and

adoption ................................................................................................................ 33 6.4 Assembly of Councillors ........................................................................................ 33 6.5 Proposed MAV WorkCare Insurance Scheme ...................................................... 35

7. SEALING OF DOCUMENTS ......................................................................................... 36

7.1 Sealing of Documents ........................................................................................... 36

8. NOTICES OF MOTION .................................................................................................. 36

8.1 Review of Residential Parking Permits .................................................................. 36 8.2 Real Opportunities, Real Jobs .............................................................................. 37 8.3 Watsonia RSL - Volunteer car parking .................................................................. 37 8.4 Bolton Street, Eltham - Proposed Upgrade ........................................................... 38 8.5 History of the Olympic Village ............................................................................... 39 8.6 Community Groups - Former Bellfield School Site ................................................ 40

9. GENERAL BUSINESS .................................................................................................. 41

9.1 Racial Discrimination Act ...................................................................................... 41 9.2 Principle for a Day................................................................................................. 41 9.3 Prostate Cancer Support Group ............................................................................ 41 9.4 Vietnam Veterans Day .......................................................................................... 42 9.5 Formal Thank You ................................................................................................ 42

10. URGENT BUSINESS ..................................................................................................... 42

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 42


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 1 September 2014 3

The Meeting opened at 7.50pm.

The Mayor’s Acknowledgement of the Wurundjeri People

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

Present

Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 4 August 2014

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

Disclosure of Interests

Nil

Presentation

Cr Jenny Mulholland noted the presentation of appreciation to Charlie Harris at the last Council Meeting on 4 August 2014.



1. PETITIONS

1.1 PETITION AGAINST PLANNING APPLICATION AT 118 LOCKSLEY ROAD EAGLEMONT

EXECUTIVE SUMMARY A petition with 24 signatures of Eaglemont residents has been received. The petition raises concern in relation to a Planning Application currently under consideration for four three storey dwellings at 118 Locksley Road, Eaglemont. We the undersigned, residents and rates payers of the Banyule City Council wish to bring to the attention of Council: The petition prayer is as follows: Our petition is against the proposed development at 118 Locksley Road, Eaglemont, for the construction of four three storey dwellings with removal of vegetation in a vegetation protection overlay. Planning permit application number P187/2014. We therefore request Banyule Council to:

Refuse permit due to the height and overall mass and reduction in garden space, the design is out of keeping with the character of the streetscape, loss of privacy to residents in the neighbourhood, and increased noise and traffic impact.

Resolution (CO2014/253)

That: 1. Council receives and notes the petition. 2. Concerns raised in the petition be considered in assessing the merits of the application. 3. The primary petitioner is advised accordingly. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil



4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 BANYULE PLANNING SCHEME AMENDMENT C93 - CONSIDERATION OF PANEL RECOMMENDATIONS

Mr Roger Fyfe and Mr Kevin Biaggini spoke on the item.

Cr Steven Briffa arrived at 8.02pm.

EXECUTIVE SUMMARY

At its Meeting on 21 July 2014, Council resolved to make the Panel Report for Amendment C93 (Ivanhoe Structure Plan) publicly available. Council also resolved to approve a two-step process for addressing the recommendations outlined in the Panel Report: Step 1 involves allocating each Panel recommendation into one of the following three categories: 1. Accept 2. Partially Accept 3. Not Accept Step 2 involves completing further work to prepare a final amendment that Council would consider for adoption at a future Council meeting. Attachment 1 to the report gives the Panel recommendations coupled with one of the three categories. This report seeks Council’s direction on Step 1 and proceeding to Step 2. It is also recommended that a final report be presented to Council, in not more than three months, seeking the adoption of Amendment C93 and requesting approval from the Minister for Planning.


That Council: 1. Accept, Partially Accept and Not Accept the Panel recommendations for Amendment

C93 to the Banyule Planning Scheme in accordance with Attachment 1. 2. Prepare a final amendment for consideration at a future Council meeting. 3. Receive a further report in not more than three months, that includes the final

amendment and any corresponding clarifications for the adopted Structure Plan proposal for Council’s adoption before seeking approval from the Minister for Planning.

1.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED



4.2 REVIEW OF PLANNING CONTROLS FOR THE MIDDLE YARRA RIVER CORRIDOR

EXECUTIVE SUMMARY

The Government is undertaking a study of the Middle Yarra River corridor. The study highlights and assesses the values of the river and the potential threats to them from inappropriate development. Banyule, Nillumbik, Manningham Councils and Melbourne Water have all provided information into the study. The study seeks ways in which the planning schemes of Banyule, Nillumbik and Manningham can be modified to provide a consistent approach to control design and development within the Middle Yarra River corridor. A draft Recommendations Report has been prepared. The draft report articulates the study’s findings and proposed planning scheme changes. The report has been reviewed and its intent is broadly consistent with sound strategic planning principles and Banyule’s approach. However there are some details that need to be clarified to ensure Council’s priorities for neighbourhoods, landscaping and environments are effectively addressed. The next stages of the study will be the Government’s production of a Final Report and then preparation of planning scheme details for future consideration.


That Council:

1. Approves the drafted response to the Middle Yarra River Corridor Study draft Recommendations Report, as shown in Attachment 2.

2. Writes to the Minister for Planning to inform that priorities for the Middle Yarra River corridor are already progressed through C100 and C71 and that any further amendments should be progressed and funded by the State Government.




4.3 PROPOSED RESIDENTIAL SUBDIVISION AND DEVELOPMENT AT 108-130 AND 132 DIAMOND CREEK ROAD, ST HELENA

Mr Scott Walker, Director of City Development, summarised a submission received from Nillumbik Shire Council. Mr Norman Boreham, Mr Trevor Sproat, Mr Joe Barker and Mr David Eastoe spoke on the item.

EXECUTIVE SUMMARY

This proposal considers the development of a large greenfield site located in the north-east of the municipality known as 108-130 and 132 Diamond Creek Road in St Helena. This application represents the first of a number of applications which will result in the incremental development of the site. This first application sets out a framework and seeks planning permission for the broad staging of the development through 11 stages including:

Establishment of an indicative road network and connection to existing roads as well as the removal of vegetation required for this network;

Indication of areas of public open space. This report also considers the development outcome for Stage 1 which proposes 29 two storey dwellings and associated vegetation removal. This report anticipates the implications of the bush fire prone status of the subject site as this relates to building regulation compliance and vegetation removal. Future applications will consider the development outcomes and associated vegetation removal for the remaining 10 stages. The application is being reported to Council due to the broad range of planning considerations involved and the scale of the proposal. Approval of the proposal is recommended as:

The proposal is consistent with the strategic planning policy framework and residential zoning and planning overlays applying to the land;

The proposal provides a balanced response to the opportunities and constraints of the site, including environmental and pedestrian/vehicle accessibility considerations.

Cr Jenny Mulholland left the Chamber at 8.31pm, and returned at 8.35pm.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit P995/2013 be issued in respect of Application No. P995/2013 for Staged subdivision of land for 29 residential lots (Stage 1) and 10 further stages, construction of 29 dwellings, creation of access to a Road Zone category 1, vegetation removal and associated building and works at 108-130 and 132 Diamond Creek Road ST HELENA subject to the following conditions:



4.3 PROPOSED RESIDENTIAL SUBDIVISION AND DEVELOPMENT AT 108-130 AND 132 DIAMOND CREEK ROAD, ST HELENA cont’d

Superlot Subdivision and Staging Plan Amended Superlot Subdivision and Staging Plan Required (1) Prior to Certification of the Plan of Subdivision for any stage, a Staging Plan to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plan submitted with the application prepared by Brown Consulting (Ref: M130592, Version J, Sheets 1 to 3, Revision: 13/2/14) but modified to show:

(a) Roads 2, 4 & 18 deleted and shown as common property

(b) The separate area of each individual Open Space Reserve No’s 1 to 10

(c) Common property formerly labelled as Road 18 located outside Tree Protection Zone of Tree 312

(d) Eastern boundary of Stage 5 modified to avoid Tree Protection Zone of Tree 303

(e) Adjustment to alignment of Road 3 in Stage 1 to provide for the retention and protection of Tree 139

(f) Adjustment to alignment of Road 5 in Stage 6 to provide for the retention and protection of Tree 292

(g) The sequencing of staging of lots, timing of release of lots, development of infrastructure (including services, roads and pathways) and landscaping and reserve provision and facilities to be provided. The staging of the subdivision must be arranged to provide for the timely provision of infrastructure to the area

(h) A note indicating that the subdivision must proceed in the order of stages as shown on the endorsed plans unless otherwise agreed in writing by the Responsible Authority

(i) The location of tree protection fencing to be employed during the construction of the Stage

(j) Redirect access from the Pindari Drive precinct to the Diamond Creek Road Precinct for the 11 westernmost dwellings in Stage 11 to encourage greater use of Diamond Creek Road.

Building Preservation (2) Prior to the commencement of any subdivision works on the land, the applicant shall

clear Saxam Homestead and its site of debris, secure the building from water damage and undertake any additional urgent works identified as necessary to secure the building, in accordance with the recommendations contained in the Planning Panels Victoria Panel Report in relation to Planning Scheme Amendment C94 to the Banyule Planning Scheme dated 10th June 2014, to the satisfaction of the Responsible Authority.




Financial Contribution – Raised School Crossing (3) Prior to Certification of the Plan of Subdivision for any of Stages 6 to 11, payment of a

financial contribution or agreement for construction to the satisfaction of the Responsible Authority for the construction of a raised school crossing on Mine Street to the south of the site to the satisfactioFn of the Responsible Authority, unless otherwise agreed in writing by the Responsible Authority.

Landscaping Plan (4) Prior to Certification of the Plan of Subdivision for each stage, a satisfactory detailed

landscape plan for all streets, common property and open space reserves within the subdivision must be submitted to and approved by the Responsible Authority for the relevant stage. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) The siting for all street tree planting having regard to issues such as service conduits, crossovers and street lighting location;

(b) A planting schedule including species selection, planting requirements and maintenance requirements;

(c) Typical cross sections for all streets;

(d) Measures for the protection of planted street trees (such as tree guards);

(e) Details of landscaping and development of the public open space reserves and local link reserves where appropriate which is to include: - Top soiling and grass cover; - The planting of trees, shrubs and other vegetation including ground cover

which is suitable for the site; - Water supply and taps; - Suitable bollards or fencing along the roadside boundary; - Park furniture including seating, bins and other features; - Identification signs; - Paths; - Playground equipment.

(f) Tree protection measures for trees to be retained;

(g) Details of all retaining walls proposed, having regard to the submitted Arborist report;

(h) Details of all permanent fences to be erected along all boundaries at the extent of the subdivision;

(i) Details of landscaping maintenance and weeding including a timing schedule which has regard to the establishment period of two full summers.

NOTE:

The selection of species for the landscape plan must have regard to the Banyule City Council Street Tree Strategy.

Tree planting material and installation requirements must meet the minimum standards and specifications of Council’s Parks and Buildings Department.




(5) The subdivision must proceed in the order of stages as shown on the endorsed plans

unless otherwise agreed in writing by the Responsible Authority. Completion of Works (6) Prior to Statement of Compliance of the Plan of Subdivision for each stage, all

subdivision and development works relevant to the specific stage must be completed to the satisfaction of the Responsible Authority. This includes planting of trees within road and open space reserves.

VicRoads (7) Prior to the commencement of any works on Diamond Creek Road, functional layout

plans must be submitted to VicRoads and the responsible Authority for approval for the following works:

(a) Proposed access point to the site from Diamond Creek road, including kerbs,

drains, signs and any line markings (8) Before the issuance of a Statement of Compliance for Stages 6,7,8,9,10 and 11 of the

subdivision, the access works approved as per the above condition must be completed at no cost to VicRoads and to the satisfaction of VicRoads and the Responsible Authority.

Underground servicing (9) All site services are to be provided underground, utilise shared trenching and be

located beyond the Tree Protection Zone of any trees to be retained on site or on adjoining land unless otherwise agreed in writing by the Responsible Authority.

Tree Protection (10) Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works (including demolition) on the site Tree Preservation Zones must be established around trees to be retained. You must contact Council’s Development Planning Arborist on 9457 9808 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained until the conclusion of works to the satisfaction of the Responsible Authority, and meet the following requirements:

(a) Extent

Tree Preservation Zones are to be provided to the extent of the TPZ where it occurs within the subject property of all trees indicated as being retained on the endorsed plan. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.



4.3 PROPOSED RESIDENTIAL SUBDIVISION AND DEVELOPMENT AT 108-130 AND 132 DIAMOND CREEK ROAD, ST HELENA cont’d (b) Management of works

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

(c) Weed control

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

(d) Fencing

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

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

(e) Signage

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

(f) Irrigation

The area must be irrigated during the summer months with 5 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site).

(g) Access to Tree Preservation Zone

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

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

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

(iv) Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

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




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

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

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

Section 173 Agreement (11) Unless otherwise agreed in writing by the Responsible Authority, prior to the

Certification of the Plan of Subdivision, the owner/s of the land at 108-130 and 132 Diamond Creek Road ST HELENA must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority. This requirement may be waived should construction be completed prior to the issue of a Statement of Compliance. Such agreement shall require that:

(a) Each lot and Common Property created as part of Stage 1 of the Plan of

Subdivision shall only be developed in accordance with the conditions and endorsed plans pursuant to Planning Permit P995/13, unless otherwise approved by the Responsible Authority in limited circumstances (see note below).

(b) Each lot and Common Property created as part of subsequent Stages of the

subdivision shall only be developed in accordance with the conditions and endorsed plans pursuant to a subsequent Planning Permit for development of that land, unless otherwise approved by the Responsible Authority in limited circumstances (see note below).

(b) Prior to the occupation of any dwelling within a Stage, all dwellings within that

Stage must be numbered in accordance with Council’s allocation of street numbers.

(c) Immediately upon completion of the development permitted under any Stage, the

owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance.

(d) The owner acknowledges that all Council garbage collection from the land will be

from public roads.



4.3 PROPOSED RESIDENTIAL SUBDIVISION AND DEVELOPMENT AT 108-130 AND 132 DIAMOND CREEK ROAD, ST HELENA cont’d (e) Prior to the commencement of works for each stage of the subdivision (including

demolition), a bond of 150% of the cost of the landscaping works within roadways and Reserves or an amount agreed by the Responsible Authority must be lodged by the owner with the Responsible Authority to ensure the satisfactory establishment of landscaping works within each stage of the subdivision. Once landscaping has been completed in accordance with the endorsed landscaping plan, Council must be notified so that a site inspection can confirm the landscaping is compliant, an establishment period of two full summers will commence. The bond will be returned after landscaping has been initially maintained for that period to the satisfaction of the Responsible Authority. After the establishment period, the landscaping must be maintained in accordance with the endorsed landscaping plan to the satisfaction of the Responsible Authority.

A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner.

Multi dwelling development for Stage 1 (29 Dwellings) Plans (12) Before the development associated with Stage 1 permitted by this permit starts,

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

(a) Delete two (2) indented parking bays adjacent to lots 5 & 13;

(b) Provide two (2) additional parking bays adjacent to Gross Pollutant Trap in Road 1. These spaces must be 3 metres in width;

(c) Delete two (2) indented parking bays in Road 3 directly south of proposed Road 4;

(d) Provide two (2) indented parking bays in Road 3 adjacent to, and to the North of Lot 24;

(g) Delete two (2) indented parking bays in Road 3 adjacent to Lot 15;

(e) Provide two (2) indented parking bays in Road 3 adjacent to Open Space Reserve No. 2 and opposite Lot 15;

(f) Delete six (6) indented parking bays on East side of the southern section of Road 3;

(g) Delete two (2) indented parking bays on North side of Road 3 adjacent to Lot 15;

(h) Provide eight (8) indented parking bays on West side of Road 3 adjacent to Reserve no. 2;

(i) Provide pedestrian crossing point across Road 3 at interface with Beales Road;

(j) Provide pedestrian crossing point across Road 3 immediately East of proposed Road 2;

(k) Relocate light pole adjacent to Lot 17 to opposing street corner adjacent to reserve;




(l) Sections through Lots 15,16,19,23 to show depth of site cut and excavation works within the Tree Protection Zone of Tree 1;

(m) Screening of the north facing terrace and deck areas for the proposed dwelling on Lot 3 in accordance with Standard B22 of Clause 55 of the Banyule Planning Scheme;

(n) All proposed sustainable design features indicated in the submitted Sustainable Management Plan (SMP) dated 7 March 2014 prepared by Ark Resources. Where sustainable design features outlined in the SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc)

(o) Location of external clothes drying facilities;

(p) Provision of north facing windows to the habitable rooms of the proposed dwelling on Lot 8 to improve energy efficiency in accordance with Standard B10 of Clause 55 of the Banyule Planning Scheme;

(q) Secluded private open space of the proposed dwellings on Lots 10 and 11 increased to a minimum of 40 square metres in accordance with Standard B28 of Clause 55 of the Banyule Planning Scheme;

(r) Deletion of front fencing to the proposed dwellings on Lots 9 to 12;

(s) Bin storage and service meter box locations in accordance with Standard B34 of Clause 55 of the Banyule Planning Scheme;

(t) A schedule of external building materials and colours, including details of cladding, paving and roofing materials; the schedule should be presented on a separate sheet and must include colour samples;

(u) Landscaping as required by Condition 12 of this permit;

(v) Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including:

(i) The use of an On-site Stormwater Detention (OSD) system; (ii) The connection to the Council nominated legal point of discharge; (iii) The outfall drainage works necessary to connect the subject site to the

Council nominated Legal Point of Discharge; (iv) The specified flood level for the property. (v) The integration, details and connections of all Water Sensitive Urban

Design features in accordance with the endorsed Sustainable Management Plan dated 7 March 2014 prepared by Ark and include drainage details as a result of landscaping.

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

(w) The Tree Preservation Fencing in accordance with the conditions of this permit;




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

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

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

(aa) Hard standing area within Road 3 for rubbish bin collection for Lots 9 to12;

(bb) A minimum of 20% of the proposed dwellings to comply with Council’s Livable Housing Design Guidelines;

(cc) Stabilisation and landscape works for the creek bank within Browns Reserve and at the rear of No.’s 9 and 10 Paraweena Court; including the provision of a framework for appropriate consultation with the owners and occupiers of 9 and 10 Paraweena Court to the satisfaction of the responsible Authority.

(dd) Reconfiguration of Lots 10 and 11 to a minimum lot size of no less than 200m2, such redesign to take place by not reducing the sizes of lots 9 and 12.

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

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

Landscaping Plan (14) The development permitted by this permit must not be commenced until a satisfactory

detailed landscaping plan for Stage 1 is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) Details of planting throughout Stage 1, including individual lots and tree planting within open space and road reserves;

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

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

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

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

(f) Provision of replacement planting for vegetation that is to be removed including any off-set planting required;

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

(h) A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

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




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

(k) No pedestrian/bicycle path to Browns Reserve and Paraweena Court

(l) Screen planting along the northern boundary of Lot 3 to soften views of this building from the north

Offset Plan (15) The development permitted by this permit must not be commenced until an Offset Plan

has been submitted to and approved by the Responsible Authority. Three copies must be provided and must show the following:

(a) Appropriate offsets to compensate for the loss of habitat hectares of vegetation;

(b) Include details of: (i) Means of calculating the offsets (ii) Locations where offsets will be provided (iii) Type of offsets to be provided for each location (iv) Details of revegetation including the number of trees, shrubs and other

plants, species mix and density (v) Means of interim protection for the offsets (vi) Methods of permanent protection for the offsets (vii) Persons responsible for implementing and monitoring the offset plans (viii) Time frames for implementing the offset plans (ix) Details of any earthworks, drainage and other works

(c) The plans may include: (i) A requirement for the owner to enter into a Section 173 Agreement in

respect of specified land (ii) A requirement for the owner to enter a binding agreement with a specified

person in order to implement aspects of the offset plan (iii) A requirement for the owner to provide a bond as security for completion of

any part of the offset plan.

(d) When approved, offset plans must be implemented within 12 months of the commencement of works associated with subdivision unless otherwise specified in the offset plans. Maintenance and replanting of vegetation is to be undertaken if necessary until all the requisite numbers of plants are effectively established and have survived for at least 3 years.

General (16) Unless otherwise agreed in writing by the Responsible Authority the proposed

dwelling(s) permitted by this permit must not be occupied until Stage 1 of the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).




Amenity (17) Noise emissions from any air-conditioning, heating, ventilation and the like must

comply with State Environment Protection (Residential Noise) Regulations 1997 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, which ever is deemed to be appropriate by the Responsible Authority.

Urban Design / External Appearance (18) The walls of the development on the boundary of adjoining properties must be cleaned

and finished in a manner to the satisfaction of the Responsible Authority. (19) All external materials, finishes and paint colours are to be to the satisfaction of the

Responsible Authority. Car Parking / Access (20) Areas set aside for the parking of vehicles together with the aisles and access lanes

must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

(21) Areas set aside for the parking and movement of vehicles as shown on the endorsed

plan(s) must be made available for such use and must not be used for any other purpose.

(22) Vehicular access or egress to the subject land from any roadway or service lane must

be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

Tree Protection / Landscaping (23) Except with the further written consent of the Responsible Authority, no vegetation

(other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

(24) The development permitted by this permit must not be commenced until a satisfactory

Tree Protection Plan for Stage 1 is submitted to and approved by the Responsible Authority. Such a report must be prepared by a person suitably qualified or experienced in arboriculture, must be prepared in accordance with Section 5, AS4970 – Protection of Trees on Development Sites, and shall include:

(a) Three copies of an A3 plan and corresponding detail identifying:




(i) The location of each tree (those to be retained only), their species and

other relevant identifying information (ii) The locations of tree protection fencing and any other methods such as hording that may be used to protect trees during demolition and construction.

(b) In relation to the development phase:

(i) The processes required to initiate, manage and protect the canopies, limbs and root systems of retained trees during the construction process. All processes and protective measures must be undertaken in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites. Particular detail must given in regards to the management process of tree root systems – including supervision, root exposure and excavation method, and root severance – where works are approved within the TPZ of a retained tree. No works shall be commenced within the TPZ of any of these trees until such a protection plan report is received and endorsed by the Responsible Authority.

(ii) Inclusion of the project arborist details, and dates when periodical

inspections will take place to ensure compliance as well as the scheduling of proposed tree management techniques.

(c) Following completion of the development:

(i) Maintenance requirements for the trees. (ii) Ongoing tree protection requirements. (iii) Other relevant recommendations.

(25) Except with the further written consent of the Responsible Authority, no vegetation

(other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

(26) Any underground service installations within the calculated Tree Protection Zone of any

retained tree must be bored to a depth of at least 600mm. (27) All and any tree pruning is to be carried out by a trained and competent arborist who

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

Melbourne Water (28) Pollution and sediment laden runoff shall not be discharged directly or indirectly into

Melbourne water’s drains or waterways. (29) Stormwater runoff from the subdivision must achieve State Environment Protection

Policy (Waters of Victoria) objectives for environmental management of stormwater as set out in the ‘Urban Stormwater Best practice Environmental Management Guidelines (CSIRO) 1999’.




(30) Prior to the commencement of works, separate application must be submitted to

Melbourne Water for any new or modified stormwater connection to the St Helena west Drain.

(31) Prior to the commencement of works, a landscape plan must be submitted to

Melbourne Water for approval that details any planting or vegetation within the waterway corridor.

(32) Prior to the commencement of works, detailed functional plans for the wetland and

related waterway works must be submitted to Melbourne Water for review. The on line wetland system must be constructed and maintained to the satisfaction of the Responsible Authority.

(33) Prior to the commencement of works, a Site Environmental Management plan (SEMP)

must be submitted that includes details of measures to protect or mitigate risk to waterway values (both at the site and further downstream). This should include a site map detailing the location and design of all measures such as:

a. Silt fencing; b. Access tracks; c. Spoil stockpiling d. Trenching locations e. Machinery/Plant locations f. Exclusion fencing around native vegetation/habitat

(34) Stormwater drainage shall be to Council’s satisfaction. (35) Any new development must not increase flood levels downstream during a 1 in 100

year flood event. (36) All lots must be filled to a minimum of 600mm above the applicable flood level

associated with the St Helena West Drain. Construction Management Plan (37) Before the development starts, a construction management plan must be prepared and

submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues:

(a) measures to control noise, dust and water runoff;

(b) prevention of silt or other pollutants from entering into the Council’s drainage system or road network;

(c) the location of where building materials are to be kept during construction;

(d) site security;

(e) maintenance of safe movements of vehicles to and from the site during the construction phase;

(f) on-site parking of vehicles associated with construction of the development;

(g) wash down areas for trucks and vehicles associated with construction activities;




(h) cleaning and maintaining surrounding road surfaces;

(i) a requirement that construction works must only be carried out during the following hours:

Monday to Friday (inclusive) – 7.00am to 6.00pm; Saturday – 9.00am to 1.00pm; Saturday – 1.00pm to 5.00pm (Only activities associated with the erection of buildings. This does not include excavation or the use of heavy machinery.) No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday.

Stage 1 - Subdivision Plan Amended Subdivision Plan Required (38) Prior to Certification of the Plan of Subdivision for Stage 1, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans submitted with the application but modified to show:

(a) Deletion of Road 2 and show as common property

(b) The ground area of each Open Space Reserve No’s 1 to 6

(c) Adjustment to alignment of Road 3 in Stage 1 to provide for the retention and protection of Tree 139

(39) The subdivision as shown on the endorsed plan for shall not be altered or modified

(whether or not in order to comply with any statute, Statutory Rule or By-Law or for any other reason) without the consent of the Responsible Authority.

Roadworks and Drainage (40) Prior to a Statement of Compliance being issued for Stage 1 the Plan of Subdivision,

‘Give Way’ line marking at the intersections of Allumba Drive/Beales Road and Pindari Drive/Beales Road shall be completed to the satisfaction of the Responsible Authority.

(41) Prior to Certification of the Plan of Subdivision for Stage 1 detailed road works and

drainage civil works plans with specifications must be submitted to and approved by the Responsible Authority. Such plans must include:

a. Fully sealed asphalt pavements with SM2kerb and channel on both sides of

carriageway and concrete vehicular crossings for each allotment where appropriate. Road pavements must be a minimum of 5.5 metres between kerb inverts. A pavement design must be considerate of subgrade conditions and sub-grade improvements may be warranted. Minimum pavement depth is to be 260mm

b. All Court bowls, T-head courts and intersections designed to cater for 12 metre long refuse and drain vacuum trucks;




c. An at grade threshold surface treatment at the interface of Road 3 and Beales Road extending to the intersection of Road 1 and Road 3.

d. An at grade threshold surface treatment at the intersection of Road 3 and Road 3 outside lot 17.

e. A concrete footpath of 1.5 metres in width and maximum x-fall 1:40 is to be provided on at least one side of all roads.

f. Concrete footpaths must be provided through all reserves as identified on plan TP070

g. Kerb and channel with the use of 600mm wide SM2 Rollover kerb;

h. Surface and underground drains including;

a. Pit and pipe layout, long sections, pit schedules and drainage computations

b. Details of GPT’s including sizing calculations and future maintenance regime

c. 100 year storm overland flow paths

i. GPT and wetland maintenance structures including hardstands for 12.5m vacuum drain trucks and access roads for 8.8m service vehicles.

j. Underground conduits for water, gas, electricity and telephone;

k. Appropriate intersection and traffic measures;

l. Street lighting in accordance with Australian Standards(with electrical supply plan and lighting layout plan);

m. Street signage and line marking;

n. High stability permanent survey marks;

o. Vehicle crossings with a maximum width of 3.0m;

p. The location of street trees;

q. Reserve fencing around all open space reserves to the satisfaction of the Responsible Authority.

r. Earthworks and fill with a compacted depth greater than 150mm. The details of the road works and drainage plan may be varied with the consent of the Responsible Authority. (42) Prior to a Statement of Compliance being issued for Stage 1, all street tree and reserve

planting and other facilities are to have been completed to the satisfaction of the Responsible Authority.

Melbourne Water (43) Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in

accordance with section 8 of the Subdivision Act 1988. (44) Prior to the issue of a Statement of Compliance, the owner shall enter into and comply

with an agreement with Melbourne Water Corporation for the acceptance of surface and storm water from the subject land directly or indirectly into Melbourne Water’s drainage systems and waterways, the provision of drainage works and other matters in accordance with the statutory powers of Melbourne Water Corporation.




(45) Prior to Certification of the Plan of Subdivision for any stage, a hydraulic report must be

submitted to Melbourne water demonstrating that the proposed development will have no adverse impacts on the floodplain or increase flood levels downstream. Computations must be submitted that details impacts upon flows, velocities, flood storage and flood levels.

CFA Hydrants (46) Operable hydrants, above or below ground must be provided to the satisfaction of the

CFA. (47) The maximum distance between these hydrants and the rear of all building envelopes

(or in the absence of the building, the rear of all lots) must be 120m and hydrants must be no more than 200m apart.

(48) Hydrants must be identified as specified in ‘Identification of Street Hydrants for

Firefighting Purposes’ available under publications on the Country Fire Authority web site (www.cfa.vic.gov.au)

Roads (49) Roads must be constructed to a standard so that they are accessible in all weather

conditions and capable of accommodating a vehicle of 15 tonnes for the trafficable road width.

(50) The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees) with a

maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than 50 meters. Dips must have no more than a 1 in 8 (12%) (7.1 degrees) entry and exit angle.

Yarra Valley Water (51) The owner of the subject land must enter into an agreement with Yarra Valley Water for

the provision of water supply. (52) The owner of the subject land must enter into an agreement with Yarra Valley Water for

the provision of sewerage. SP Ausnet (53) The applicant must –

Enter in an agreement with SPI Electricity Pty Ltd for supply of electricity to each lot on the endorsed plan.

Enter into an agreement with SPI Electricity Pty Ltd for the rearrangement of the existing electricity supply system.

Enter into an agreement with SPI Electricity Pty Ltd, for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by SPI Electricity Pty Ltd.




Provide easements satisfactory to SPI Electricity Pty Ltd for the purpose of “Power Line” in the favour of “SPI Electricity Pty Ltd” pursuant to Section 88 of the Electricity Industry Act 2000, where easements have not been otherwise provided, for all existing SPI Electricity Pty Ltd electric power lines and for any new power lines required to service the lots on the endorsed plan and/or abutting land.

Obtain for the use of SPI Electricity Pty Ltd any other easement required to service the lots.

Adjust the position of any existing SPI Electricity Pty Ltd easement to accord with the position of the electricity line(s) as determined by survey.

Set aside on the plan of subdivision Reserves for the use of SPI Electricity Pty Ltd for electric substations

Provide survey plans for any electric substations required by SPI Electricity Pty Ltd and for associated power lines and cables and executes leases for a period of 30 years, at a nominal rental with a right to extend the lease for a further 30 years. SPI Electricity Pty Ltd requires that such leases are to be noted on the title by way of a caveat or notification under section 88(2) of the Transfer of land Act prior to the registration of the plan of subdivision.

Provide to SPI Electricity Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required.

Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by SPI Electricity Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.

Ensure that all necessary auditing is completed to the satisfaction of SPI Electricity Pty Ltd to allow the new network assets to be safely connected to the distribution network.

Telecommunications (54) The owner of the land must enter into an agreement with:

a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.




(55) Before the issue of a Statement of Compliance for any stage of the subdivision under

the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Time Limits Subdivision (56) In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

(a) the plan of subdivision for the first stage is not certified within 2 years of the date of this permit; or

(b) the plan of subdivision for any subsequent stage is not certified within 2 years of the

date of certification of the previous stage of the subdivision.

(c) the registration of any stage of the subdivision is not completed within 5 years of the date of certification of the plans of subdivision.

The responsible authority may extend the time if a request is made in writing in

accordance with, and within the timeframes specified, in Section 69 of the Planning and Environment Act 1987.

Development (57) In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

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

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

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

(a) Before the permit expires, or (b) Within six months afterwards, or (c) Within 12 months afterwards if the development started lawfully before the permit

expired.




Permit Notes (A) Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy. (B) Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. (C) Street Numbering Please note that property addresses are allocated by Council. Please contact Council to discuss street naming and numbering prior to Certification of the Plan of Subdivision. (D) Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit). (E) Commencement of Works Pursuant to Section 17(1) of the Subdivision Act 1988, works relating to the subdivision must not be commenced prior to certification of the plan of subdivision, unless otherwise agreed in writing by the Responsible Authority. (F) Melbourne Water Contact If further information is required in relation to Melbourne water’s permit conditions shown above, please contact Melbourne water on telephone 9679 7517, quoting Melbourne Water’s reference 236725. Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa CARRIED



PROCEDURAL MOTION

Resolution That Council adjourn for a short break. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED

The Meeting was adjourned at 9.14pm, and resumed at 9.20pm.

Cr Wayne Phillips was not in the Council Chambers when Council resumed.

4.4 ADDITIONAL PAID PARKING LOCATIONS IN HEIDELBERG

EXECUTIVE SUMMARY

Council allocated $132,000 funding in the 2014/15 Capital Works program to introduce paid parking at specific locations in Heidelberg and replace existing parking meters with ticket machines. Following an assessment of these projects, they have been re-scoped to achieve a more efficient use of resources and provide a better response to parking demand.


That Council notes the re-scoping of the Capital Works projects to implement paid parking measures in Heidelberg to provide more efficient use of resources and supports: 1. The replacement of eight parking meters to manage parking on the east side of Upper

Heidelberg Road (Brown St to opposite Montgomery St) with one new ticket machine;

2. The relocation of parking meters (from 1 above) to manage parking at four parking spaces on the south side of Brown Street (Powlett St to opposite Mortimer St);

3. The installation of two new ticket machines to manage parking at 19 parking spaces on

the north side of Darebin Street (Upper Heidelberg Rd to Powlett St) and one new ticket machine to manage 8 parking spaces on the south side of Darebin Street (Stradbroke Ave to Martin St); and

4. The relocation of parking meters (from 1 and 3 above) at 29 spaces on the west side of

Powlett Street (Darebin St to Brown St).


Cr Wayne Phillips returned to the Council Chambers at 9.23pm.



4.5 LOWER HEIDELBERG ROAD / YARRA STREET INTERSECTION ALTERATIONS

Mr Noel Paine spoke on the item.

EXECUTIVE SUMMARY

In accordance with Council resolution CO2014/207, local properties / business owners in Yarra Street have been consulted to determine the level of support for VicRoads proposed intersection alterations at Lower Heidelberg Road and Yarra Street, Heidelberg, as part of its Rosanna Road and Greensborough Highway safety and amenity project. Based on consultation feedback with business owners in proximity to the Yarra Street / Lower Heidelberg Road intersection, it is considered that modifications to VicRoads proposal should be supported. The modified version includes banning ‘straight through’ movements on Yarra Street across Lower Heidelberg Road and banning ‘right turn’ movements out of Yarra Street but retains the northbound ‘right turn’ movement from Lower Heidelberg Road into Yarra Street.


That Council: 1. Supports the modified alteration to the Lower Heidelberg Road and Yarra Street

intersection which includes banning ‘straight through’ movements on Yarra Street and ‘right turn’ movements from Yarra Street into Lower Heidelberg Road and retains the northbound right turn movement from Lower Heidelberg Road into Yarra Street.

2. Advises VicRoads and businesses in Yarra Street, Heidelberg between Cape Street and Dora Street of the above resolution accordingly.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED

Cr Steven Briffa left the Chamber at 9.29pm, and returned at 9.30pm.



4.6 PROPOSED APARTMENT BUILDING AT 20 MORWELL AVENUE, WATSONIA

Mr Kevin Biaggini and Mr James Hain spoke on the item.

EXECUTIVE SUMMARY

The proposal seeks to construct a three storey apartment building, with an additional basement car park. The building presents as three storeys at the front facing the street and steps down to double storey height at the rear. The building would accommodate a total of 18 apartments, comprising eight one bedroom and ten two bedroom apartments. A total of 20 on site car parking spaces are proposed within a basement level, including two visitor spaces. This requires a waiver of one visitor parking space. The application is being reported to Council as the building scale and typology is different to the current surrounding character. Council could consider that the site is appropriately located for this type of development which, subject to some modifications, would be consistent with Council’s Residential Areas Framework which seeks to promote housing change and support this form of development in this area. Alternatively, should Council consider that the existing Neighbourhood Character for this area be given primary weight and preserved, then the proposal may be deemed inappropriate and the application refused.


A. That Council notes its disappointment with the permit applicant who decided not to meet with Council to explore an appropriate development plan in accordance with community expectations. This follows the resolution at the previous Council meeting on 4 August 2014 to defer a decision on this planning application to enable consultation. In view of a range of concerns with this planning application, Council advise, if it was in the position to consider the application, it would have resolved to issue a Refusal to Grant a Planning Permit in respect of this application.

B. That Council advise all parties that it would have resolved to Refuse Planning

Application No. P604/2013 for Construction of a three storey apartment building with basement level car park and waiver of two on site visitor car parking spaces at 20 Morwell Avenue WATSONIA on the following grounds:

Siting, design and neighbouring residential amenity 1. The siting and design of the proposed development will have an overbearing physical

impact upon neighbouring property and will have an adverse impact upon local residential amenity contrary to Clauses 15.01-1 – Urban Design and 21.04-1 – Housing of the Banyule Planning Scheme.

Mass, bulk, scale and neighbourhood character

2. The mass, bulk and scale of the built form of the proposal is contrary to both the existing and preferred character of the neighbourhood and would erode the spacious and well landscaped character and have an adverse visual impact on the streetscape contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and Standards B1 – Neighbourhood Character, Standard B17 – Side and rear setback and B31 – Design detail of Clause 55 (ResCode) of the Banyule Planning Scheme.



4.6 PROPOSED APARTMENT BUILDING AT 20 MORWELL AVENUE, WATSONIA cont’d

Open space/landscaping 3. Inadequate space has been provided throughout the development to provide canopy

tree planting and landscaping to adequately soften views of the development from the street and neighbouring land and enhance the landscape character of the area contrary to Clauses 21.04-1 – Housing, 21.06 – Built Environment, 22.02 – Residential Neighbourhood Character Policy and Standard B13 – Landscaping of Clause 55 (ResCode) of the Banyule Planning Scheme.

4. The location of ground level secluded private open space within the front set back of the development will erode the open front garden and landscaped character of the area, contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and Standards B1 – Neighbourhood Character, Standard B17 – Side and rear setback and B31 – Design detail of Clause 55 (ResCode) of the Banyule Planning Scheme.

General ResCode non compliance 5. The proposal will result in overlooking and loss of privacy of neighbouring residences

contrary to Standard B22 – Overlooking of Clause 55 (ResCode) of the Banyule Planning Scheme.

6. Inadequate dimensions of secluded private open space are provided for Apartments 10,11,13 and 14 contrary to Standard B28 – Private open space of Clause 55 (ResCode) of the Banyule Planning Scheme.

7. Inadequate solar access is provided to the secluded private open space of the

development contrary to Standard B29 – Solar access to open space of Clause 55 (ResCode) of the Banyule Planning Scheme.

8. Inadequate storage facilities have been provided to service the development contrary to

Standard B30 – Storage of Clause 55 (ResCode) of the Banyule Planning Scheme. Car parking/access/manoeuvring space 9. Inadequate on site car parking has been provided to service the development contrary

to Clause 52.06 of the Banyule Planning Scheme. 10. Inadequate consideration has been provided to enable visitor access to the basement

car park contrary to Clause 52.06-8 – Design Standards for Car Parking and Standard B15-Parking location of Clause 55 (ResCode) of the Banyule Planning Scheme.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

Cr Rick Garotti left the Chamber at 9.59pm.



5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 COUNCIL MEETING DATES FOR 2015

EXECUTIVE SUMMARY

Council’s “Conduct of Meetings Local Law” requires the Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule in accordance with the Local Government Act 1989 which requires 7 days notice of an Ordinary Meeting or Special Meeting. The dates and venues of Council Meetings are published in Council’s annual calendar, The Banner and the local Leader newspapers. The proposed dates take into consideration public holidays and the legislative requirements for the Election of Mayor. This report is to consider and approve a schedule of meeting dates for the Council Meetings for 2015.


That the Council Meeting Dates for 2015 be as follows:

2 February 9 June

(Tuesday Meeting)

5 October

16 February 22 June

(Special Meeting for the Adoption of the Budget

and City Plan)

19 October

2 March 6 July 9 November

23 March 20 July 16 November

(Mayoral Election only)

13 April 3 August 30 November

27 April 17 August 14 December

11 May 7 September

25 May 21 September


Cr Rick Garotti returned to the Chamber at 10.00pm.



5.2 ADVOCACY ON BEHALF OF THE COMMUNITY - 1 JANUARY 2014-30 JUNE 2014

EXECUTIVE SUMMARY

This biannual Advocacy Report, Taking Action on What Matters to our Community, is designed to inform Council and the community about the advocacy initiatives undertaken on key issues of local, regional and wider relevance, in order to represent the best interests of the Banyule community. This Advocacy Report details the advocacy undertaken from 1 January 2014 until 30 June 2014.


That the Advocacy Report 1 January 2014 to 30 June 2014 be noted.

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

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 HEIDELBERG ACTIVITY CENTRE - PEDESTRIAN PRECINCT 40KM/H ZONE

EXECUTIVE SUMMARY

It is considered appropriate that Council pursue a staged approach to implementing the 40km/h zone through the core of the Heidelberg Activity Centre pedestrian precinct to provide consistency of speed limits in the area, improve kerbside amenity, provide pedestrian priority, improve safety and reduce the likelihood and severity of injuries to pedestrians. The zone would include the area bounded by Upper Heidelberg Road, Lower Heidelberg Road, Bell Banksia Link and Darebin Street. Darebin Street would be included in the zone. The implementation of the speed zone is consistent with the Banyule Integrated Transport Plan. VicRoads has indicated that approval will be given for the installation the first stage of a permanent 40km/h zone, including the area bounded by Upper Heidelberg Road, Lower Heidelberg Road, Bell Banksia Link and Darebin Street but excluding Burgundy Street between Upper Heidelberg Road and Studley Road. Darebin Street will be included in the 40km/h zone. VicRoads has indicated that it would support extending the zone to include Burgundy Street between Upper Heidelberg Road and Studley Road following appropriate infrastructure works to meet the requirements for a 40km/h zone in this area. These Stage 2 works will be the subject of a future report to Council.


That: 1. Council writes to VicRoads seeking formal approval to the introduction of permanent

40km/h zone within the Heidelberg Activity Centre pedestrian precinct (including Darebin Street but excluding Burgundy Street between Upper Heidelberg Road and Studley Road) – Stage 1;

2. The Mayor and Ward Councillor write to inform businesses and residents within the speed zone and surrounding streets of the introduction of the 40km/h zone;



6.1 HEIDELBERG ACTIVITY CENTRE - PEDESTRIAN PRECINCT 40KM/H ZONE cont’d

3. Council assesses the need for additional traffic management measures to improve

pedestrian safety and reinforce the 40km/h zone; and 4. Council considers options to extend the zone to include the section of Burgundy Street

between Upper Heidelberg Road and Studley Road and Dora/Jika Streets between Banksia Street and Rosanna Road – Stage 2.

5. Council write to the Austin Health seeking their comments regarding future on street

parking as proposed in Stage 2.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 6.2 14 SCOTTS PARADE, IVANHOE - PROPOSED VESTING AND REMOVAL OF

RESERVE STATUS FROM DRAINAGE RESERVE

EXECUTIVE SUMMARY

The drainage reserve known as 14 Scotts Parade, Ivanhoe (the Land) is currently enclosed within the fence line of 12 Scotts Parade, Ivanhoe. There is no strategic or long term purpose to retain the reserve status on the Land, which has been enclosed within the fence line of 12 Scotts Parade, Ivanhoe, for some years. This report discusses the vesting and removal of the reserve status from the Land and seeks direction to proceed to commence the statutory procedures to vest the reserve in Council’s name and remove the reservation status. The sale of the resultant land to the abutting owners is also considered.


That Council: Being of the opinion that the drainage reserve known as 14 Scotts Parade, Ivanhoe (the Land) is surplus to Council’s and the community’s needs, now directs that: (a) pursuant to pursuant to Part 4 of the Planning and Environment Act 1987 and Section

24A of the Subdivision Act 1988, the statutory procedures be commenced to vest in Council’s name and the remove the reservation status from the Land; and

(b) pursuant to Sections 189 and 223 of the Local Government Act 1989, the statutory

procedures be commenced to give public notice, in the “Heidelberg Leader” of its intention to sell the Land; and

(c) following consideration of submissions, Council will decide whether or not to sell the

Land to the owner of 12 Scotts Parade, Ivanhoe, or retain the Land for municipal purposes.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED



6.3 PLANNING AND BUILDING ENFORCEMENT FRAMEWORK CONSULTATION OUTCOMES AND ADOPTION

EXECUTIVE SUMMARY

This report considers and provides commentary on public consultation held in relation to the Draft Planning and Building Enforcement Framework and recommends adoption.


That Council adopt the Planning and Building Enforcement Framework August 2014.

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED 6.4 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

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

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

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

delegated to a person or committee.

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

RECORD OF ASSEMBLIES

1 Date of Assembly: 4 August 2014

Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential Matters – Property and Proposed Developments

Councillors Present: Steven Briffa Craig Langdon Tom Melican Wayne Phillips

Staff Present: Scott Walker – Director City Development Daniel Kollmorgen - Manager Strategic Economic Development Michael Hutchison – City Development Projects Coordinator

Others Present: Nil

Conflict of Interest: Nil

2 Date of Assembly: 4 August 2014

Type of Meeting: Councillor Briefing



6.4 ASSEMBLY OF COUNCILLORS cont’d

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 4 August 2014 (excluding confidential items) as listed below:

1.1 Proposed Lease of Chelsworth Park to Ivanhoe Grammar School

2.1 St Helena Secondary College - Sports Precinct Masterplan

4.1 Upper Heidelberg Road, Heidelberg - Paid Parking Meter Fees

4.2 Public Notice advertising period of the proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School

4.3 Proposed Apartment Building at 20 Morwell Avenue, Watsonia

4.4 Development Planning Activities Report 2013/2014 6.1 Engineering Services Activities Report 2014 6.2 Assembly of Councillors 6.3 Review and Update of Delegations 6.4 Councillor Report on Conferences Attendance 6.5 Proposed MAV WorkCare Insurance Scheme 8.1 Victorian Local Government Association (VLGA)

Forward Action Plan 8.2 Heidelberg Stars Soccer Club 8.3 Netball Courts at Seddon Reserve

General Business:

- John Harrison 50 Years’ Service - Main Street Awards

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith - Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Keith Yeo - Director Corporate Services Gina Burden – Manager Governance, Information & Laws Emily Outlaw - Governance Liaison Officer Joel Elbourne – Acting Manager Development Services David Bailey – Engineering Services Coordinator Darren Bennett – Manager Leisure, Recreation & Culture Tom Zappulla – Leisure Facilities, Place & Partnership Coordinator

Others Present: Nil

Conflict of Interest: Nil


That the Assembly of Councillors report be received. Moved: Cr Mark Di Pasquale Seconded: Cr Jenny Mulholland CARRIED



6.5 PROPOSED MAV WORKCARE INSURANCE SCHEME

EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) have provided all Victorian Councils with an invitation to express interest in, and commitment to, establishing a Local Government WorkCover Scheme, to be known as MAV WorkCare. MAV extended their original request for interested parties to invest $5,000 as a commitment to proceed with the proposal, with the deadline now 22 August 2014. This report updates the information provided in the report of 4 August (Item 6.5), based on additional information provided by the MAV. This report recommends that Council declines the MAV’s invitation to join the proposed WorkCare Scheme.


That: 1. Council write to the MAV advising that it supports the establishment of a local

government WorkCare insurance scheme, and will commit $5,000 as requested. 2. A further report be provided to Council prior to 31 October, to seek endorsement of

Council’s response to the formal Participation Agreement to be provided by the MAV ahead of that date.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED



7. SEALING OF DOCUMENTS

7.1 SEALING OF DOCUMENTS


That the Common Seal of the Banyule City Council be affixed to the following documents: 1. Deed of Renewal and Variation of Lease between Greensborough Plaza TC Pty

Limited and Banyule City Council in respect of Shop 201, Greensborough Plaza, 25 Main Street, Greensborough for the period of three (3) years commencing on 14 November 2014.

2. Deed of Variation of Lease between Banyule City Council and Seacrest Pty Ltd in respect of the Council-owned car park at 14-18 Livingstone Street Ivanhoe to extend the expiry date of the lease until 23 January 2015.

3. Instrument of Authorisation for Planning Officers Kathy Aves, Kathryn Tucker, Andrea Meagher and Joshua Devitt and they be appointed and authorised as set out in Instrument.

4. Lease Agreement for Tenancy 1A, 9-13 Flintoff Street, Greensborough between Banyule City Council and Ward Financial Group Pty Ltd for an initial term of two (2) years with two (2) further terms of two (2) years.

5. Loan guarantee between Banyule City Council, Montmorency Junior Football Club and the Westpac bank for $80,000 for the development of a new pavilion at Simms Road.

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

8. NOTICES OF MOTION

8.1 REVIEW OF RESIDENTIAL PARKING PERMITS

Mr Roger Fyfe spoke on the item. Cr Craig Langdon submitted a Notice of Motion.


That a report be presented to Council which investigates and considers future options for the administration and allocation of parking permits through Banyule’s residential parking permit scheme. The report should consider:

The allocation of residential parking permits;

Options for waiving fees for Banyule residents, keeping the scheme as is, or increasing the fees;

Current indicative costs of administering the scheme;

Implications of changing the fee structure and allocation of permits through the scheme; and

Benchmarking the fees charged by comparative and neighbouring Councils.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



8.2 REAL OPPORTUNITIES, REAL JOBS

Cr Rick Garotti submitted a Notice of Motion.


That Council:

1. Officers prepare a report for Council consideration on establishing a programme that would provide opportunities for TAFE and university students from Banyule’s Indigenous and migrant communities to gain practical skills and work experience:

The options explored should include the consideration of renumerated as well as voluntary placements and ensure the skills of individuals are not exploited.

2. Write to the Austin Hospital, Banyule Community Health Centre and Latrobe University,

which are major employers in and around Banyule, to seek their support in establishing similarly oriented internships programmes within their organisations.

3. Write to all State political parties to seek their advice and support in establishing

internship programmes across these organisations. 4. Write to local community leaders to seek their feedback and input.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED 8.3 WATSONIA RSL - VOLUNTEER CAR PARKING

Cr Rick Garotti submitted a Notice of Motion.


That Council officers investigate and report on parking options for Watsonia RSL Committee Volunteers including consideration of a car parking permit scheme having regard to Council policy for activity centre car parking.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED



8.4 BOLTON STREET, ELTHAM - PROPOSED UPGRADE

Cr Wayne Phillips submitted a Notice of Motion.

Cr Jenny Mulholland left the Chamber at 10.55pm, and returned at 10.56pm.


That Council: 1. Write to the State Opposition seeking further details on their proposal to upgrade

Bolton Street including an outline of the scope of works and explanation of what the $10.5 million commitment will be spent on;

2. Invite representatives of the Victorian Labor Party to meet with Banyule to upgrade

Bolton Street, Eltham; 3. Invite the Shire of Nillumbik Mayor, Shire of Nillumbik Wingrove Ward Councillor and

relevant Nillumbik Shire officers to participate in the discussion; and 4. Express its disappointment that Council has not been consulted in the formation of the

Victorian Labor Party’s policy regarding this matter. Moved: Cr Wayne Phillips Seconded: Cr Mark Di Pasquale CARRIED Cr Wayne Phillips called for a division:

FOR: Cr Steven Briffa, Cr Mark Di Pasquale, Cr Tom Melican, Cr Jenny Mulholland, Cr Wayne Phillips, Cr Craig Langdon

AGAINST: Cr Rick Garotti The Chairperson declared the motion CARRIED



8.5 HISTORY OF THE OLYMPIC VILLAGE

Cr Craig Langdon submitted a Notice of Motion.


That Council officers investigate and report back to Council on how best to promote the history of the Olympic Village in West Heidelberg in the lead up to the XXXI Olympiad in Rio de Janeiro commencing on August 5th 2016. The investigations to include but not limited to:

Improving the entrance of the City of Banyule on Southern Road to reflect that the Olympic Village of the XVI Olympiad in Melbourne was situated at this location,

Seeking the appropriate approval to display the Olympic Rings and/or the Melbourne Olympic symbol and the words "Melbourne Olympic Village" on the street signs along with the Banyule Council name and symbol,

Creating billboards around the Olympic Village area to highlight the history of the Village and the Melbourne Games. These could be used to create a history trail throughout the village,

Installing additional banners around the Olympic Village Green and Shopping Centre; and

Options for a possible name change of the area to Olympic Village to give credence to its history.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



8.6 COMMUNITY GROUPS - FORMER BELLFIELD SCHOOL SITE

Cr Wayne Phillips submitted a Notice of Motion.

Motion

That: 1. Council determines to retain the multipurpose building on the former Bellfield Primary

School site. 2. That appropriate officer report to Council on future demands to be considered in the

immediate area for childcare/other community uses or an amalgamation of uses that can be relocated within the building

3. Such report to include the feasibility of relocating the current “Hatch Contemporary Arts

Space: to the building as a permanent home. 4. The Mayor write to any community group organisation who have contacted Council

seeking to obtain permanent space and pursue under what terms and conditions they would be prepared to contribute. For example but not limited to Ivanhoe Basketball Netball Association, Somali Community.

5. Council authorise the Mayor, Councillors and appropriate Officers to meet with State

and Federal members seeking funding once a use is confirmed. Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa PROCEDURAL MOTION

Resolution That item 8.6 be discussed in camera due to confidential contractual matters contained in the subject. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED Cr Wayne Phillips called for a division:

FOR: Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland, Cr Craig Langdon

AGAINST: Cr Steven Briffa, Cr Wayne Phillips The Chairperson declared the motion CARRIED

NOTE REGARDING ITEM 8.6: The item was moved and seconded and before discussion had commenced, the Procedural Motion was moved immediately thereafter.



PROCEDURAL MOTION

Resolution That Council consider the General and Urgent Business items before item 8.6 is considered in camera. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland CARRIED

9. GENERAL BUSINESS

9.1 RACIAL DISCRIMINATION ACT

Cr Rick Garotti noted that the Federal Government has recently withdrawn its proposed changes to Section 18C of the Racial Discrimination Act. The proposed changes were met with broad disapproval from the various sections of the community, including Council’s Multicultural Advisory Committee, who held the view that the legislation in its current form has been working well for many years and was assisting to protect individuals against racial discrimination. It is important to note the fundamental importance of section 18C of the Racial Discrimination Act 1975 which provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin. Additionally it is important that the community was given opportunity to voice their views on these proposed changes, which contributed to their withdrawal. This illustrates the importance of community advocacy on issues such as this. 9.2 PRINCIPLE FOR A DAY

Cr Steven Briffa thanked Viewbank College for allowing him to participate in the Principal for a Day on 12 August 2014. Cr Tom Melican also thanked Rosanna Primary School where he participated in the Principal for a Day event as well. 9.3 PROSTATE CANCER SUPPORT GROUP

Cr Briffa noted that he arrived late to this evenings meeting as he was attending the 10th Anniversary of the Diamond Valley Prostate Cancer Support Group. Cr Briffa noted that it was his pleasure to represent Council at the event.



9.4 VIETNAM VETERANS DAY

Cr Craig Langdon noted that he attended two ceremonies in honour of Vietnam Veterans Day, being the Austin Health Observance Ceremony on Friday 15 August and the Memorial Service at Greensborough Memorial Park on Saturday 16 August 2014 which he acknowledged was attended by the following local schools:

Viewbank College

Viewbank Primary

Sherbourne Primary

Diamond Creek East Primary

St Martin of Tours Primary

Greensborough Primary

St Mary’s Primary

Montmorency South Primary

Watsonia North Primary

Parade College

Loyola College

Greensborough Guides and

Eltham High & Montmorency Secondary. Cr Langdon commended everyone involved in organising and participating in such significant and important events.

9.5 FORMAL THANK YOU

Cr Jenny Mulholland wished to formally thank Cr Tom Melican for handling a lot of requests on her behalf during her Leave of Absence but also for taking the time to regularly visit her during her time off.

10. URGENT BUSINESS

Nil Closure of Meeting to the Public

That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering Notice of Motion 8.6 and confidential items 11.1 and 11.2. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED



The Meeting was adjourned at 11.27pm. The Meeting was closed to the public at 11.32pm.

DATED:........................... DAY OF ........................... 2014

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