Banyule City Council Minutes 30 November 2015

Ordinary Meeting of Council Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

30 November 2015 commencing at 7.45pm

MINUTES

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

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

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

CONFIRMATION OF MINUTES ............................................................................................. 4

DISCLOSURE OF INTERESTS ............................................................................................. 4

PRESENTATION ................................................................................................................... 4 9.2 Senstivite Santa ...................................................................................................... 4

1. PETITIONS ...................................................................................................................... 5 1.1 Divest Banyule City Council from Fossil Fuels ........................................................ 5

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 5 2.1 Supervised Children's Crossings ............................................................................ 5 2.2 Traffic Investigation - Frye Street, Meakin Street and Trist Street, Watsonia

North ....................................................................................................................... 6

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 7 Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 7 4.1 State Government Review of Metropolitan Planning Strategy - Plan

Melbourne Refresh ................................................................................................. 7 4.2 Martins Lane, Viewbank - Proposed Children's Crossing ........................................ 8 4.3 Planning Scheme Amendment C110 – Greensborough Activity Centre

Review .................................................................................................................... 9 6.2 The rear of 43 Haig Street Heidelberg Heights - Proposed Road

Discontinuance and Sale of Land .......................................................................... 10 6.3 Creation of Plantation Lane ................................................................................... 11 6.4 Proposed Lease to Montmorency, Ivanhoe and Rosanna Bowling Clubs

Permission - commence statutory procedures ...................................................... 12 6.5 Air rights over Forge Lane between 37 Burgundy and 4 Villa Street

Heidelberg - Licence ............................................................................................. 13 6.6 Assembly of Councillors ........................................................................................ 14 4.4 Alphington Paper Mills Proposal - Revised Development Plan .............................. 17

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 December 2015 1

MINUTES ORDINARY MEETING OF COUNCIL 30 NOVEMBER 2015

4.5 Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment ............................................................................................................. 18

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 19 5.1 Macleod Recreation and Fitness Centre Master Plan ........................................... 19 5.2 General Code of Conduct - Public Meetings ......................................................... 20 5.3 Banyule Arts and Cultural Advisory Committee - appointment of members ........... 21

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 21 6.1 Section of Road (RW028) Adjacent to the Rear of 4/98 Lower Heidelberg

Road Ivanhoe - Proposed Discontinuance and Sale - Hearing of Submissions ..... 21

7. SEALING OF DOCUMENTS ......................................................................................... 22 Nil

8. NOTICES OF MOTION .................................................................................................. 22 8.1 Annual Somali Community Festival ....................................................................... 22

9. GENERAL BUSINESS .................................................................................................. 23 9.1 East Ivanhoe Traders Association AGM ................................................................ 23 9.3 Yarra Plenty Regional Library Event ..................................................................... 23 9.4 Ivanhoe Traders Association AGM ........................................................................ 23 9.5 Grants Presentation Evening ................................................................................ 23 9.6 White Ribbon Day 2015 ........................................................................................ 23 9.7 Malahang Festival ................................................................................................. 23 9.8 Jack Mullane Pavillon ........................................................................................... 24 9.9 Watsonia Motorshow ............................................................................................ 24 9.10 Bellfield Community Garden ................................................................................. 24 9.11 Bell Street Mall Traders Association ..................................................................... 24 9.12 Banyule Community Heath Centre 40th Anniversary ............................................ 24

10. URGENT BUSINESS ..................................................................................................... 24

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 25

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 December 2015


EXTENSION OF PUBLIC FORUM

(CO2015/414) Resolution That the Public Forum be extended until 8.00pm Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The Meeting opened at 8.00pm. Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Tom Melican, Cr Jenny Mulholland.

Apologies Cr Wayne Phillips, Cr Mark Di Pasquale,

Leave of Absence Cr Rick Garotti

Amendment of Minutes That the minutes of the Ordinary Meeting of Council held 19 October 2015 be amended to show the speakers of items 1.1, 1.2 and 4.2 spoke on all 3 items. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED That the resolution of item 6.3 of the minutes of the Ordinary Meeting of Council held 9 November 2015 be amended to replace 2015 with 2016 in point 1. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 December 2015 3


Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 9 November 2015 Ordinary Meeting of Council held 16 November 2015 Confidential Special Meeting of Council held 18 November 2015

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED Disclosure of Interests Nil

Presentation Wednesday 25 November 2015 was White Ribbon Day. Council held an event to raise awareness and Councillors and staff marched through Ivanhoe for White Ribbon Day to help stop violence against women. Council played a video of the Prime Ministers speech from the official White Ribbon Day event in Canberra. PROCEDURAL MOTION

Resolution (CO2015/415) Cr Jenny Mulholland moved that the Sensitive Santa General BUsiness item be moved before all other items to allow a video to be viewed. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED 9.2 SENSTIVITE SANTA Cr Jenny Mulholland acknowledged the Sensitive Santa initiative for children with Autism and the event held at Mill Park Library.

Cr Mulholland explained that Sensitive Santa’s will continue to take place in Libraries and quite places outside of Shopping Centres and away from the usual commotion that is associated with Shopping Centre Santa visits to accommodate children on the Spectrum to feel comfortable in the surroundings and to enjoy a meeting with Santa.

Cr Mulholland expressed how pleased she was to be a part of this initiative.

A video clip from Channel 9 was played at the Council meeting of a story about the Sensitive Santa at Mill Park Library.



1. PETITIONS 1.1 DIVEST BANYULE CITY COUNCIL FROM FOSSIL FUELS Jane Oldfield spoke on the item. EXECUTIVE SUMMARY A petition with over 1000 signatures has been received requesting Banyule City Council to divest from fossil fuels investment. The petition prayer is as follows:

‘We request that Banyule City Council: 1) Investigate and disclose the full carbon exposure of Councils investments 2) Stop any new investments in fossil fuel extraction 3) Develop a plan to move the council portfolio away from institutions and companies

involved in fossil fuel extraction and supply’ Council considered Fossil Fuel Divestments at its meeting held 9 November 2015. The report to Council addressed the request made in the petition prayer. Resolution (CO2015/416)

That Council: 1. Receives and notes the petition.

2. Advise the primary petitioner accordingly that Council addressed this matter at its

meeting on the 9 November 2015. 3. Promote evident community support and Council’s action regarding the initiative

amongst local environment groups including media advertisements, writing letters and appropriate social media postings from Council’s BEAC representatives.

Moved: Cr Steven Briffa Seconded: Cr Tom Melican CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT 2.1 SUPERVISED CHILDREN'S CROSSINGS Brian Grace and Kevin Biaggini spoke on the item

EXECUTIVE SUMMARY

A review of the number of children crossing and the volume of traffic at every children’s crossing is undertaken every three years as part of the application that Council submits to VicRoads for the subsidy of providing school crossing supervisors. The subsidy for supervisors is considered at locations where the number of children crossing and the volume of traffic meet the required warrants, or where conditions on the road suggest that the safety risk for pedestrians crossing is high. Recent surveys reveal that five crossings in Banyule do not meet VicRoads’ warrants. Council has made decisions on four of these sites previously: on three locations the



supervision will be maintained on safety grounds, at one location the supervision will be removed, and the remaining location at Plenty Road / Bent Street Bundoora discussed within the report. Resolution (CO2015/417)

That Council: 1. Continue to advocate to VicRoads on behalf of the Sherbourne Primary School

community to reinstate the subsidy for the supervision at the children’s crossing at Fernside Avenue, Briar Hill.

2. Continue to fully fund on safety grounds the supervision of the children’s crossings at: a. Grimshaw Street, Greensborough, east of the Greensborough Bypass. b. Mountain View Road, Briar Hill, between Campbell Road and Fernside Avenue. c. Wungan Street, Macleod, between Portree Street and Highview Crescent.

3. Write to the Principals of St Marys Primary School, Briar Hill Primary School and Macleod College confirming that, despite low numbers of school children crossing, funding for the contribution of a crossing supervisor is provided for 2016 and encourage them to support students walking to school.

4. Maintains the supervision of the crossing at the Plenty Road/Bent Street intersection, Bundoora, on road safety grounds.

5. Regularly monitors the use by school-aged children of the crossing at the Plenty Road/Bent Street intersection, Bundoora.

6. Writes to VicRoads requesting a review of the safety of the crossing on the north-east slip lane of the intersection at the Plenty Road/Bent Street intersection, Bundoora.

Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 2.2 TRAFFIC INVESTIGATION - FRYE STREET, MEAKIN STREET AND TRIST

STREET, WATSONIA NORTH David Miller spoke on the item.

EXECUTIVE SUMMARY

Council at its meeting on 17 August 2015 considered a Notice of Motion in relation to traffic speed and volume on Frye Street, Meakin Street and Trist Street, in Watsonia North. Investigations indicate that the 85th percentile speed in all the streets is below the legal speed limit of 50 km/h and the peak traffic volumes are within what is expected in these streets. However, it was found that northbound speeds on Frye Street were a little high, volumes on Kempston Street are more aligned with a ‘Collector-Distributor’ road, and residents have reported a number of vehicles performing U-turns on Frye Street. It is considered that the local road network could benefit from the installation of a ‘No U-turn’ sign on Frye Street and the modification to the wide intersection at Grimshaw Street and Frye Street. The matter was deferred at the Council meeting of 9 November 2015 to allow for consideration of suggestions made from residents. While the suggestions have been investigated changes to recommendations were not considered warranted on traffic engineering grounds.



Resolution (CO2015/418)

That Council:

1. Install a ‘No U-turn’ sign on Frye Street, between Trist Street and Grimshaw Street, Watsonia North.

2. Following the installation of the ‘No U-turn’ sign on Frye Street (item 1), request frequent enforcement by Victoria Police.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED

3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1 STATE GOVERNMENT REVIEW OF METROPOLITAN PLANNING STRATEGY -

PLAN MELBOURNE REFRESH EXECUTIVE SUMMARY

The Government is reviewing the metropolitan land use and transport strategy, known as Plan Melbourne. This review, known as ‘Plan Melbourne Refresh’, is limited and will include the current Government’s transport priorities. There is an opportunity for Council to make a submission to a discussion paper that is informing the reviewed strategy. A submission outline has been prepared to give direction to Council’s submission before the 18 December 2015 deadline. Resolution (CO2015/419)

That Council:

1. Approves preparation and giving a response to the Government’s discussion paper for the ‘Plan Melbourne Refresh’, that is consistent with the outline in the report, with emphasis on: a) Greater public investment for the Hurstbridge railway line b) Future North-East link as an orbital ring road, with an Eastlink connection at

Ringwood c) Premium public transport services achieving a 10 minute frequency d) LaTrobe Cluster being widely defined and the Metropolitan Planning Authority

prompted to continue involvement for priority precincts in the Cluster and for infrastructure contributions

e) Looking outside the planning system to explore incentives and funding mechanisms for investment in activity centres

f) Housing growth estimates included as background information in a metropolitan housing strategy

g) Potential for legislative and planning system reform for environmental sustainable development and implications for climate change on built environments

h) Government ensuring a suite of funding programs and access to resources for any local government implementation items.



i) Highlight the need for the Government to invest and work with Council and service providers for improving bus services and also infrastructure that enables cycling links.

2. Writes to the Minister for Planning, advising of Banyule’s priorities for the

Government’s ‘Plan Melbourne Refresh’ as described in point 1 above. Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 4.2 MARTINS LANE, VIEWBANK - PROPOSED CHILDREN'S CROSSING Duncan Baulch and Gianna Romano spoke on the item.

EXECUTIVE SUMMARY

Following the resolution at the Council Meeting on 3 August 2015 to consider allocating funds within future Capital Works budgets for the installation of a raised children’s crossing on Martins Lane, Viewbank a meeting was arranged with Viewbank Primary School to discuss the project details. This report presents the results from the actions that arose at the meeting. As recommended at the meeting, a permanent 40km/h speed limit has been installed on Martins Lane, Viewbank between Philippa Court and Rosemar Circuit and the construction of a raised children’s crossing is proposed between Winston Road and Rosemar Circuit. Additionally, it is proposed that, following the installation of the crossing, Council review the number of children crossing Martins Lane, between Rodney Court and Grantham Road to determine whether an additional children’s crossing is required. It is also proposed that Council request in writing from Viewbank Primary School, whether the school would consider constructing a school gate access via Martins Lane, adjacent to the existing raised pavement west of Grantham Road to provide a safe, direct access into the school. Resolution (CO2015/420)

1. Council immediately commence the design and any associated public consultation for the installation of a raised children’s crossings on Martins Lane, Viewbank between Winston Road and Rosemar Circuit.

2. Upon completion of 1 above, Council commit to fund the construction of the raised children’s crossing, appoint the associated crossing supervisor and deliver the project in 2016.

3. On completion of the crossing, Viewbank Primary School is requested to consider constructing a school gate access via Martins Lane, adjacent to the existing raised pavement west of Grantham Road.

4. A review of Martins Lane, between Rodney Court and Grantham Road, is undertaken six (6) months after the installation of the raised children’s crossing between Winston Road and Rosemar Circuit to assess whether a further crossing is warranted and if warranted, consider appropriate budget allocations.

5. Viewbank Primary School and the primary petitioner of previous petitions be advised of this resolution in writing from the Mayor and Ward Councillor.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED



PROCEDURAL MOTION

(CO2015/421) Resolution That the Items 4.3, 6.2, 6.3, 6.4, 6.5 & 6.6 be considered consecutively and without debate. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED 4.3 PLANNING SCHEME AMENDMENT C110 – GREENSBOROUGH ACTIVITY

CENTRE REVIEW EXECUTIVE SUMMARY

The Greensborough Activity Centre Structure Plan was adopted by Council in May 2003. The Structure Plan provided a Vision for the centre to support local economic development and investment. In February 2014, Council resolved to review the Greensborough Structure Plan, re-examining the Urban and Landscape Design Guidelines for Precincts 2, 5 and 6 and translating any new controls into planning scheme changes. This review was sought to help strengthen delivery of the Vision for the centre. Specifically, greater opportunities for development is sought within these precincts. A review of Precincts 2, 5 and 6 of the Greensborough Structure Plan area has been completed and revised Urban and Landscape Design Guidelines have been prepared. The guidelines have been translated into proposed planning scheme provisions. This report recommends that Council adopts the Urban and Landscape Design Guidelines and requests Authorisation from the Minister for Planning to exhibit the amendment documents as part of Banyule Planning Scheme Amendment C110. Resolution (CO2015/422)

That Council:

1. Approves the Urban and Landscape Design Guidelines for Precincts 2, 5 and 6 of the Greensborough Activity Centre October 2015 as shown in Attachment 1.

2. Supports the preparation and exhibition of Amendment C110 to the Banyule Planning Scheme, to implement the planning controls outlined in the Urban and Landscape Design Guidelines, for Precincts 2, 5 and 6 of the Greensborough Activity Centre.

3. Requests the Minister for Planning Authorise the preparation and exhibition of Amendment C110.

4. Undertakes pre-amendment consultation with landowners in Precincts 2, 5 and 6. 5. Write to Local State Members of Parliament advising of this decision and providing a

copy of the Urban and Landscape Design Guidelines. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED



6.2 THE REAR OF 43 HAIG STREET HEIDELBERG HEIGHTS - PROPOSED ROAD DISCONTINUANCE AND SALE OF LAND

EXECUTIVE SUMMARY

Consistent with Council’s resolution of 21 September 2015, the statutory procedures were commenced to give public notice of Council’s intention to discontinue and sell the section of ‘road’ immediately adjacent to the rear of 43 Haig Street, Heidelberg Heights currently enclosed within the fence line of that property (unused ‘road’). Public notice was given in the “Heidelberg Leader” on 6 October 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed at 5:00pm on 3 November 2015. No submissions were received. The proposal has been considered having regard to current and potential future uses of the unused ‘road’. The unused ‘road’ shows no evidence of being used by the public. Accordingly, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. This report seeks Council’s decision to discontinue the unused ‘road’, and to then consider a further report in relation to sale of the resultant land to the abutting owner of 43 Haig Street, Heidelberg Heights. Resolution (CO2015/423)

That: 1. Having complied with sections 207A(a) and 223 of the Local Government Act

1989: a. by giving public notice in the “Heidelberg Leader” on 6 October 2015; b. by providing an opportunity to those who have requested to be heard at

Council’s Ordinary Meeting of 30 November 2015 to be heard at that meeting; and

c. by recording that no submissions have been received; Council forms the view that the section of ‘road’ immediately adjacent to the rear

of 43 Haig Street, Heidelberg Heights (unused road) is no longer reasonably required as a ‘road’ for public use for the following reasons: • the unused ‘road’ has been enclosed behind gates installed by the owner of

43 Haig Street for a number of years; • the movement of pedestrians or vehicles within adjacent ‘road’ will be

unchanged; and • the Service Authority assets will be protected.

2. The unused ‘road’ be discontinued and the resultant land sold to the property owner of 43 Haig Street, Heidelberg Heights.

3. The discontinuance of the unused ‘road’ and sale of the resultant land will not

affect any right, power or interest held by Council in the ‘road’ in connection with drains or pipes under the control of Council in or near the unused ‘road’.

4. Council’s resolution be published in the Victoria Government Gazette. 5. Council consider a further report in relation to the sale of the resultant land to the

abutting owner of 43 Haig Street, Heidelberg Heights. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED



6.3 CREATION OF PLANTATION LANE EXECUTIVE SUMMARY

Consistent with Council’s resolution of 21 September 2015, statutory procedures were commenced to give public notice of Council’s intention to discontinue a section of Dawson Street, Briar Hill, located within E J Andrews Reserve (unused ‘road’) and retain the resultant land for municipal purposes. The proposal has been considered having regard to current and potential future uses of the unused ‘road’. The unused ‘road’ does not portray the physical characteristics of a ‘road’. Accordingly, there appears to be no impediment to Council forming the view that the unused ‘road’ is no longer reasonably required as a ‘road’ for public use. This report seeks Council’s decision to discontinue the unused ‘road’ and retain the resultant land for municipal purposes. Following the discontinuance of the unused ‘road’ it is proposed to extend and create Plantation Lane as ‘road’ on title, and consolidate the resultant land from the discontinued ‘road’ with the remaining titles to E J Andrews Reserve. Resolution (CO2015/424)

That: 1. Having complied with sections 207A(a) and 223 of the Local Government Act

1989: a. by giving public notice in the “Diamond Valley Leader” on 7 October 2015; b. by providing an opportunity to those who have requested to be heard at


c. by recording that no submissions have been received; Council forms the view that the section of ‘road’ located within E J Andrews Reserve, Briar Hill (unused road) is no longer reasonably required as a ‘road’ for public use for the following reasons:

• the unused ‘road’ does not portray the physical characteristics of a road; • the proposal will not impact on the movement of pedestrians or vehicles within

the vicinity of the ‘road’; • all Service Authorities’ assets will be protected; • the proposal does not involve the destruction or removal of native vegetation; • the ‘road’ forms part of a significant overland flow path for stormwater; and • the discontinuance of the unused ‘road will not affect physical access.

2. The unused ‘road’ be discontinued and the resultant land retained for municipal purposes.

3. Council’s resolution be published in the Victoria Government Gazette.

4. The proposed plan of subdivision PS718682S is lodged for certification and registration at Land Registry to create Plantation Lane as R1 ‘road’ on title and consolidate the resultant land from the discontinued ‘road’ with the remaining titles associated with E J Andrews Reserve.

5. Council accept the contribution of $4,400.00 inclusive of GST from the property owner of 1 Sherbourne Road, Briar Hill, to facilitate an extension of Plantation Lane necessary to provide sufficient road abuttal to construct a crossover in accordance with the endorsed plans shown in Attachment 2.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED



6.4 PROPOSED LEASE TO MONTMORENCY, IVANHOE AND ROSANNA BOWLING

CLUBS PERMISSION - COMMENCE STATUTORY PROCEDURES EXECUTIVE SUMMARY

Montmorency Bowling Club Incorporated, Ivanhoe Bowling Club Incorporated and Rosanna Bowling Club Incorporated (“clubs”) are holding over under expired leases from the former Eltham and Heidelberg Councils. The proposal, which is to enter into a new lease with each of the three clubs, triggers the need to give public notice under section 190 and section 223 of the Local Government Act 1958 (Act). For the purposes of giving public notice for this proposal it is noted that the “Diamond Valley Leader” and the “Heidelberg Leader” are the newspapers generally circulated within the municipality. This report seeks to initiate the statutory processes associated with the giving of public notice of Council’s intention to grant each of the clubs a new lease. The giving of public notice of Council’s intention to enter into a lease does not compel Council to do so. Council is merely complying with its statutory obligations under the Act. These obligations include giving public notice, considering written submissions and hearing submissions from persons who have requested to be heard on such a proposal. Council will decide at a future meeting whether or not to grant the new Leases. Resolution (CO2015/425)

That:

1. Council acknowledge that the Montmorency Bowling Club Inc, Ivanhoe Bowling Club Inc and the Rosanna Bowling Club Inc (“clubs”) are seeking to enter into a new Lease for the land and improvements located at:

Montmorency Bowling Club Inc 16 Mountain View Road, Montmorency Ivanhoe Bowling Club Inc 9 John Street, Ivanhoe Rosanna Bowling Club Inc 1-9 Strasbourg Road, Rosanna

2. In accordance with sections 190 and 223 of the Local Government Act 1989 (Act), the statutory procedures be commenced to give public notice of Council’s intention to grant to each of the clubs a new lease of the land and improvements at the locations indicated in Item 1, and inviting written submissions from the public on the proposal, in the “Heidelberg Leader” and the “Diamond Valley Leader” on 5 January and 6 January, 2016, respectively.

3. Written submissions on the proposal be received and persons who have made a written request to be heard in person, or by a party representing them as specified in their submission and in accordance with the Act, be heard, at its Ordinary Meeting of Council on 22 February 2016 beginning at 7.45 pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.

4. Council decide on whether or not to grant the leases at a future meeting, after considering any submissions received and hearing from those persons who have requested to be heard in support of their submission.

5. If no submissions are received, Council may, at its meeting on 22 February 2016, decide whether or not to grant the leases.




6.5 AIR RIGHTS OVER FORGE LANE BETWEEN 37 BURGUNDY AND 4 VILLA

STREET HEIDELBERG - LICENCE EXECUTIVE SUMMARY

Consistent with Council’s resolution of 5 October 2015, the statutory procedures were commenced to give public notice of Council’s intention to grant air rights over Forge Lane between 37 and 4 Villa Street Heidelberg. Public notice was given in the “Heidelberg Leader’ on 13 October 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed on 10 November 2015. One late submission was received 13 November 2015 which did not include a request to be heard. The content of the submission related to traffic and planning concerns effectively already determined in the consideration of the planning permit for the development at 37 Burgundy and 4 Villa Streets, Heidelberg (development sites), and is considered to have no bearing on a decision to grant air rights over Forge Lane. This report seeks Council’s decision to grant, to the landowner of the development sites, a long-term licence of the air rights over Forge Lane Heidelberg, to facilitate the construction of a permanent physical link-way between the development sites (link-way). Resolution (CO2015/426)

That: 1. Having complied with section 223 of the Local Government Act 1989:

a) giving public notice in the “Heidelberg Leader” on 13 October 2015; and b) by providing an opportunity to those who have requested to be heard at


c) by recording that one late submission was received and considered; and d) by deciding that the content had no bearing on a decision to grant air rights; Council forms the view that it is appropriate, for the following reasons: e) the late submission received is effectively a restatement of planning

concerns that have already been considered and determined in the planning permit application for the development of 37 Burgundy and 4 Villa Streets, Heidelberg (development sites);

f) Council’s Rights of Way Policy defines Council’s role in managing the activation of rights of way within or close to activity centres;

g) the granting of air rights to facilitate the construction of a link-way is supported by Council’s Rights of Way Policy;

h) a planning permit is required to use and or develop the air space of the ‘road’.

to grant to the landowner of the development sites, a long-term licence of air rights over Forge Lane, Heidelberg. Such grant will be subject to the issue of a planning permit under the Banyule Planning Scheme which allows for the use and development of such air space, for the construction of a permanent physical link-way at a height of 5.8 metres above the natural ground surface of Forge Lane between the development sites, and which includes the following condition:

“A legally binding agreement under Section 173 of the Planning and

Environment Act 1987 shall be entered into between the landowner and



Council prior to the commencement of the development concerning liability, maintenance and possession of parts of the development that extend into air space of land vested in the care and management of Council”.

2. The submitter be advised of Council’s decision and the reasons for such

decision. 3. Council consider a further report in relation to the terms and conditions of the

long-term licence referred to in Item 1. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED 6.6 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: 9 November 2015

Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 9 November 2015 as listed below: 1.1 Petition in relation to operations at 35 Sherbourne

Road, Briar Hill 1.2 85 Silverdale Road, Eaglemont in relation to an

application to amend Planning Permit P589/2005 2.1 Traffic Investigation - Frye Street, Meakin Street and

Trist Street, Watsonia North 2.2 7 Dudley Street Ivanhoe - Proposed Discontinuance

of RW053 and Sale of Land 2.3 Naming of Pavilion at Seddon Reserve Ivanhoe 3.1 Membership to the Council Alliance for a Sustainable

Built Environment (CASBE) 3.2 Fossil Fuel Divestment 4.1 Amendment C101 for a Special Building Overlay in

the Banyule Planning Scheme for Council's 100 year stormwater mapping

4.2 Greensborough Activity Centre - Additional Parking



Opportunities 4.3 Process to Undertake a Review and Proactive

Enforcement of Replacement Tree Planting. 4.4 Additional external lighting for a Department of

Human Services property at 94 Beatty Street, Ivanhoe

5.1 Macleod Recreation and Fitness Centre Draft Master Plan: Submission Report

6.1 157 Wungan Street Macleod - Macleod Recreation and Fitness Centre Lease

6.2 Quarterly Financial Management Report - 30 September 2015

6.3 Watsonia Pool: 20 Liat Way Greensborough, Notice of Intention to Lease

6.4 Assembly of Councillors 6.5 Items for Noting 6.6 7 Flintoff Street Greensborough - Proposed lease of

car parking spaces 7.1 Sealing of Documents 8.1 Cultural and Recreational Lands Review 8.2 Screening and car parking at Council’s Operations

centre in Waterdale Road, Bellfield 8.3 Somers Avenue Macleod - Staging of Paid Parking 8.4 Bolton Street Montmorency - State Road

Improvement Project 9. General Business 9.1 Liveability Index report 10. Urgent Business

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

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Peter Utri – Acting Director Corporate Services Geoff Glynn – Director Assets & City Services Vivien Ferlaino – Governance Coordinator Joel Elbourne- Manager, Urban Planning & Building Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Joseph Tabaco – Manager, Property & Economic Development Chris McInnes – Development Planner

Others Present: Nil

Conflict of Interest: Nil 2 Date of Assembly: 11 November 2015

Type of Meeting: Banyule Environmental Advisory Committee



Matters Considered: Divestment Update Annual thank you tour Banyule Waterways Management – Melbourne Water Waste Minimisation: - Kangaroo Cull in Gresswell Forest

Councillors Present: Steven Briffa

Staff Present: Chris Callahan – Coordinator, Bushland Management Fleur Anderson – Environment Officer

Others Present: Alan Leenaerts (Interim Chair) Matt Hall Peter Castaldo Kate Roberts Maree Keenan Jonathan Thom Denise Fernando

Conflict of Interest: Nil 3 Date of Assembly: 18 November 2015

Type of Meeting: Confidential Councillor Briefing

Matters Considered: Confidential Matters

Councillors Present: Steven Briffa Craig Langdon Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Joseph Tabaco – Manager, Property & Economic Development Jeanette Kringle – Coordinator, Property

Others Present: Rosemary Southgate- Russell Kennedy Lawyers Marika Hubble Marriott –Russell Kennedy Lawyers Daniel Aghion – Owen Dickson Chambers

Conflict of Interest: Nil Resolution (CO2015/427)

That the Assembly of Councillors report be received.




4.4 ALPHINGTON PAPER MILLS PROPOSAL - REVISED DEVELOPMENT PLAN EXECUTIVE SUMMARY

The Amcor site in Alphington (within the City of Yarra) is a 16.5 hectare parcel of land located on the corner of Heidelberg Road and the Chandler Highway and extending down to the Yarra River. Amcor ceased its paper recycling operations at the site in late 2012, and in June 2013, arranged for the land to be sold. A development plan was produced that outlines the future use and development of the site. The development plan provided for an anticipated 4,800 residents as well as non-residential land uses including commercial, community, hospitality and retail. A period of public consultation ran from 2 March to 30 March 2015 with the City of Yarra Seeking feedback and written submissions. Council lodged a submission with the City of Yarra expressing its support for residential infill on the site but raising concerns primarily about the economic impacts of the development on the nearby Ivanhoe Activity Centre, traffic congestion in the area and the importance of sustainable transport. In response to the submissions received the developer has revised the Development Plan and made changes to some aspects of the plan. The City of Yarra has organised various information sessions and is calling for submissions to the revised plan. Although the developer has made some changes to the Development Plan it is not considered that the changes go far enough. This report outlines the issues that are still a cause for concern for Council, including economic impacts, traffic congestion and sustainable transport. It is considered that Banyule should pursue a unified approach with the Cities of Yarra and Darebin in lobbying the State government for upgrades to the Hurstbridge rail line. It is also considered that Banyule should work with the City of Yarra to achieve other improved outcomes such as grade separation at Grange Road and safer cycling provision on Heidelberg Road. Resolution (CO2015/428)

That Council: 1. Lodges a submission with the City of Yarra generally in accordance with the Draft

Submission at Attachment 1 which outlines the following concerns: • The amount of retail floor space proposed and its economic impacts • The impact of the development on the existing road network • Access to public transport services • Walking and cycling provision and access • The provision and location of open space and sporting facilities • Meeting diverse housing needs

2. Writes to the Cities of Yarra and Darebin to pursue a shared approach with the Minister for Transport to advocate for greater Government priority for upgrading the Hurstbridge Rail-line.

3. Writes to the City of Yarra to indicate that:

a) Should the AMCOR development enable funding for off-site multi-purpose courts, that Yarra’s future construction of these courts be at a location that is no further



away from Banyule than the AMCOR site, because there appears to be an undersupply of these types of courts for surrounding communities.

b) Banyule seeks Yarra’s ongoing support for better cycling along Heidelberg Road c) Banyule supports Yarra’s ongoing advocacy to the Government and VicRoads for

transport modelling to include Grange Road grade-separation, Chandler Hwy upgrade to help identify other transport infrastructure upgrades that may be needed to support urban redevelopment and a shift towards more sustainable modes of movement.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 4.5 GRIMSHAW STREET AND FLINTOFF STREET, GREENSBOROUGH - PROPOSED

TRAFFIC TREATMENT EXECUTIVE SUMMARY

At its meeting on 7 September 2015 Council resolved to provide ‘in-principle’ support for the safe pedestrian crossing across Grimshaw Street and Flintoff Street, Greensborough and for further meetings to be arranged with interested Councillors, Council Staff, the State Member for Bundoora, and VicRoads.

This report discusses the outcome of these meetings and the proposed functional design for infrastructure works to address road safety concerns. The design has been prepared to provide safer crossing opportunities for pedestrians and a road environment that encourages motorists to drive at 40km/h.

Approval is sought to formally submit the functional design to VicRoads for approval and seek funding for the works to be completed next financial year. Resolution (CO2015/429)

That Council: 1. Approves the attached functional design for Grimshaw Street and Flintoff Street,

Greensborough and formally submits the design to VicRoads for approval. The functional design includes: • Reconfiguration of the Grimshaw Street and Flintoff Street intersection and

inclusion of pedestrian operated signals. • Installation of a pedestrian crossing point on Grimshaw Street, between Stubley

Court and Eldale Avenue. • Installation of a pedestrian crossing point on Flintoff Street, midblock between

Grimshaw Street and Para Road. • Reduction of the effective road width of Grimshaw Street, between Church Street

and Stubley Court. • Installation of bicycle lanes along Grimshaw Street and Flintoff Street. • Redesign of the Flintoff Street and Para Road intersection to include a pedestrian

crosswalk on the eastern approach and a double left turn lane on the northern approach.

2. Accepts the Transport Accident Commission (TAC) grant of $100,000 for pedestrian

and cyclist safety improvements at the Grimshaw Street and Flintoff Street intersection in Greensborough, and agrees to allocate $100,000 of match funding for the intersection improvements in the 2016/17 capital works budget.



3. Allocates a further $200,000 in the 2016/17 financial year for the implementation of

works associated with the functional design for Grimshaw Street and Flintoff Street, Greensborough in the 2016/2017 capital works budget on the basis that the State Government / VicRoads provides $400,000 on a 50/50 basis for the 2016/2017 financial year towards the project.

4. Writes to the Minister for Transport, VicRoads and the local State Member seeking

support for the functional design for Grimshaw Street and Flintoff Street, Greensborough and requesting State funding for $400,000 on a 50/50 basis for the 2016/2017 financial year.

1.

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED

ADJOURNMENT

Resolution (CO2015/430) That the Meeting be adjourned at 9.13pm to allow for a 5 minute recess. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The meeting resumed at 9.18pm.

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.1 MACLEOD RECREATION AND FITNESS CENTRE MASTER PLAN Steve Curnow spoke on the item.

EXECUTIVE SUMMARY

Macleod Recreation and Fitness Centre (MRFC) is located in Wungan Street Macleod. The land at Wungan Street Macleod is Crown land and is leased to Banyule City Council. The buildings located on the site are owned by Banyule City Council. In November 2015 Council granted YMCA Victoria a new short term lease concluding 30 June 2018 (2.5 years). The proposed expiry date for the lease will provide an opportunity for Council to consider the Macleod Recreation and Fitness Centre Masterplan, review the current operational subsidy and consider a longer term capital improvement lease. In November 2013 Council engaged HM Leisure Planning to complete a master plan for the MRFC. A working group with officers, YMCA representatives and HM Leisure Planning was formed to assist with the preparation of the master plan. During the development of the draft master plan, two community consultation phases were conducted and over 550 people actively engaged during both consultation periods. The second round of consultations with users and the wider community gave strong endorsement to the earlier consultation findings in that they call for the upgrading, modernisation and expansion of MRFC. Seventy five (75) submissions were received during the final community consultation phase



and all of the submissions supported the retention of the current indoor sports court (basketball court) as detailed in the draft master plan. The quantities surveyor (QS) report has confirmed the cost to build the preferred design is $10,878,000 at today’s building costs. To assist in the implementation and proposed upgrades of the master plan, officers intend to conduct an expression of interest process (EOI) seeking potential financial contributions via a capital improvement lease for the Macleod Recreation and Fitness Centre. The final master plan meets the objectives of the master plan project, has acknowledged and responded to community feedback and once adopted, will help guide facility upgrades and programming improvements to ensure the facility meets contemporary standards, is sustainable and meets that changing needs of the community. Resolution (CO2015/431)

That Council 1. Adopt the (attached) Master Plan for Macleod Recreation and Fitness Centre

(MRFC). 2. Write to Local Members Anthony Carbines and Colin Brooks requesting a meeting

regarding potential funding opportunities. Moved: Cr Tom Melican Seconded: Cr Craig Langdon CARRIED 5.2 GENERAL CODE OF CONDUCT - PUBLIC MEETINGS Kevin Biaggini spoke on the item.

EXECUTIVE SUMMARY

Council at its meeting on 20 July 2015 adopted a Notice of Motion (NOM) which requested the development of suitable public participation guidelines for planning or generic public consultation meetings. The request resulted from concerns raised about the poor behaviour of some attendees at a previous planning consultation meeting and at other public meetings in the past. In accordance with the general direction provided in the NOM, a set of guidelines/code of conduct has been developed and drafted in consultation with key staff involved in holding public meetings. This report seeks Council adoption of the General Conduct of Code – Public Meetings (attached). Adoption of the Code will then be promoted on Council’s website and distributed to participants at Council organised consultation and information meetings in future. The Code will be supplemented with training for both Officers and interested Councillors to support the effective running of public meetings. Resolution (CO2015/432)

That Council adopt the (attached) Banyule General Code of Conduct – Public Meetings.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED



5.3 BANYULE ARTS AND CULTURAL ADVISORY COMMITTEE - APPOINTMENT OF MEMBERS

EXECUTIVE SUMMARY

A review of the Arts and Cultural Advisory Committees has been undertaken and the revised Terms of Reference for the Banyule Arts and Cultural Advisory Committee (BACAC) were adopted on 19 October 2015. BACAC provides a formal mechanism for Council to consult with key stakeholders, seek specialist advice and enable community participation in the strategic development of arts, culture and heritage planning, policy and development. A call for nominations process was recently undertaken for the BACAC and nine (9) nominations were received. This report considers the appointment of members to BACAC. Resolution (CO2015/433)

That Council appoint the following persons: Rebecca Armstrong Jan Dirk Mittmann Marcello D'amico Irianna Kannellopoulou Rosemary Crosthwaite Francis Lee Wendy Fleming Anne Bennett Les Walkling Kate Hansen Isabella Holding Violeta Madireddi to the Banyule Arts and Cultural Advisory Committee. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1 SECTION OF ROAD (RW028) ADJACENT TO THE REAR OF 4/98 LOWER

HEIDELBERG ROAD IVANHOE - PROPOSED DISCONTINUANCE AND SALE - HEARING OF SUBMISSIONS

Vincent Ryan spoke on the item as a s223 submitter.

EXECUTIVE SUMMARY

Consistent with Council’s resolution of 21 September 2015 (Item CO2015/320), the statutory procedures were commenced to give public notice of Council’s intention to discontinue the section of ‘road’ (known as RW028 on Council’s Road Register) currently enclosed within the property fence line at the rear of Unit 4, 98 Lower Heidelberg Road, Ivanhoe (unused ‘road’). Public notice was given in the “Heidelberg Leader’ on 6 October 2015, with submissions on the proposal invited in accordance with section 223 of the Local Government Act 1989. The submission period closed on 3 November 2015. Three (3) submissions were received; one



(1) of which included a request to be heard before a meeting of Council. The purpose of this report is for Council to consider the written submissions received and to hear from the submitter who requested to be heard in support of their written submission. Resolution (CO2015/434)

That Council: 1. Receives and notes three (3) submissions were received, one of which included a

request to be heard, in response to the public notice given, pursuant to sections 207A(a) and 223 of the Local Government Act 1989, of Council’s intention to discontinue and sell, to the abutting owner that section of ‘road’ (known as RW028 on Council’s Road Register), being the unused ‘road’ currently enclosed within the fence line of Unit 4 98 Lower Heidelberg Road Ivanhoe (unused ‘road’).

2. At a future meeting of Council, determine the proposal to discontinue the unused ‘road’ and to sell the resultant land to the owner of Unit 4, 98 Lower Heidelberg Road, Ivanhoe, noting three (3) submissions on the proposal were received and considered and the submitter heard by Council at its Ordinary Meeting on 30 November 2015.


7. SEALING OF DOCUMENTS Nil

8. NOTICES OF MOTION 8.1 ANNUAL SOMALI COMMUNITY FESTIVAL Kevin Biaggini and Murray Newman spoke on the item. Cr Craig Langdon submitted a Notice of Motion.

Resolution (CO2015/435)

That a report be prepared and presented to Council on the 14 December 2015 regarding potential Council support for the Football (soccer component) of the Annual Somali Cultural Celebration. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED



9. General Business 9.1 EAST IVANHOE TRADERS ASSOCIATION AGM Cr Jenny Mulholland acknowledged the East Ivanhoe Traders Association Annual General Meeting held on 18 November 2015 and thanked them for all their work.

9.3 YARRA PLENTY REGIONAL LIBRARY EVENT Cr Jenny Mulholland noted that on Tuesday 24 November 2015, 150 Volunteers attended a Volunteer Evening for Yarra Plenty Regional Library. Cr Mulholland thanked all the volunteers for their hard work and noted that the Yarra Plenty Regional Library services Banyule, Nillumbik and Whittlesea and without those volunteers would not be possible. 9.4 IVANHOE TRADERS ASSOCIATION AGM Cr Jenny Mulholland acknowledged the Ivanhoe Traders Association Annual General Meeting was held on 24 November 2015 and attended by Cr Langdon. Cr Mulholland thanked all involved. 9.5 GRANTS PRESENTATION EVENING Cr Jenny Mulholland acknowledged the 2015 Grants Presentation evening on 24 November 2015 which she noted she attended with Cr Langdon and Cr Briffa. Cr Mulholland congratulated all those who received Grants through the program and thanked all staff involved in organised and coordinating the program and the event. 9.6 WHITE RIBBON DAY 2015 Cr Jenny Mulholland further noted the White Ribbon Day event held by Council on 25 November 2015 which included the March through Ivanhoe and guest speakers. Cr Mulholland thanked all staff involved in the coordination of the event and especially mentioned Daniel Kollmorgen who is an Ambassador for White Ribbon Day within Banyule City Council. 9.7 MALAHANG FESTIVAL Cr Craig Langdon acknowledged the great work of the Council Staff (Parks & Gardens, Sport & Recreation and Customer Service Staff), the resident committee and all the volunteers for an extremely successful Malahang Festival. Cr Langdon further noted that every year the festival seems to grow with the number of visitors ever increasing. Cr Langdon said the festival was very well laid out which allowed every stall to fully participate.



9.8 JACK MULLANE PAVILLON Cr Craig Langdon noted that the naming of the Jack Mullane Pavilion at Seddon Reserve occurred on Thursday 12 November. Cr Langdon was joined by Cr Mulholland and a large number of family members and friends at the ceremony. Cr Langdon noted that the naming was very well received by the local residents. 9.9 WATSONIA MOTORSHOW Cr Langdon acknowledged that he joined Cr Garotti at the Watsonia Motorshow on Saturday 21 November, which he said he believed is fast become the City's third largest event. Cr Langdon thanked the Watsonia Traders Association and Council staff for conducting the event. Cr Langdon also thanked Council's customer service staff and the White Ribbon Volunteers for being present for the entire event. 9.10 BELLFIELD COMMUNITY GARDEN Cr Craig Langdon acknowledged the Bellfield Community Garden Fundraising BBQ which was held on Sunday 22 November. Cr Langdon thanked the Lions Club for assisting the Bellfield Community Garden by providing much of the equipment and the many volunteers who assisted in raising approximately $2,000 at Bunnings Preston. Cr Langdon noted that all proceeds will go into the garden. 9.11 BELL STREET MALL TRADERS ASSOCIATION Cr Craig Langdon acknowledged the Bell Street Mall Annual General Meeting was conducted last week and noted that every Executive position was filled by the current position holder. Cr Langdon congratulated all those on their current appointments. 9.12 BANYULE COMMUNITY HEATH CENTRE 40TH ANNIVERSARY Cr Craig Langdon noted that he and Cr Tom Melican attended the Banyule Community Health Centre for their 40th Birthday Celebration in West Heidelberg on 26 November.

Cr Langdon noted that the centre have produced a book to celebrate the occasion and a picture history of the past 40 years was also on display.

Cr Langdon acknowledged the Centre for their great work over 40 years and noted he believed it had been, in many ways, the heart of West Heidelberg.

10. Urgent Business Nil



Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1, 11.2, 11.3 and 11.4. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The Meeting was adjourned at 9.50pm. The Meeting was closed to the public at 9.55pm.

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

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