Banyule City Council Minutes 7 March 2016

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 4 April 2016 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

7 March 2016 commencing at 7.45pm

MINUTES

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

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

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

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

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

8. NOTICES OF MOTION....................................................................................................4

8.1 Remotely Piloted Aircraft (RPA or Drones)/Unmanned Aerial Vehicles (UAV)and Model Aircraft...................................................................................................4

8.2 Traffic Investigation - Rushworth Street and Reeves Street, and WatsoniaPrimary School .......................................................................................................5

8.3 Funding Safe Schools Coalition Australia Program in Schools...............................58.4 VetRide and its support to the Vietnam Veterans....................................................68.5 Advocacy for vital transport infrastructure in Banyule and the North East of

Melbourne...............................................................................................................78.6 Review Advocacy Approach to Bullying ..................................................................88.7 Banyule City Council Procurement Policy ...............................................................88.8 Sealing of Macleod Park Car Park ..........................................................................9

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT................................9

4.1 Heidelberg and Bell Street Mall Parking Plan (Revised Draft) .................................9

6. PERFORMANCE - USE OUR RESOURCES WISELY..................................................10

6.1 Items for Noting ....................................................................................................106.7 9 John Street, Ivanhoe - Proposed lease to Ivanhoe Bowling Club Inc..................106.8 Assembly of Councillors........................................................................................11

7. SEALING OF DOCUMENTS .........................................................................................14

7.1 Yarra Plenty Regional Library Supplemental Agreement ......................................14

1. PETITIONS....................................................................................................................14

1.1 Petition for Parking Restrictions - Olympic Leisure Centre ....................................14

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ....................................15

2.1 Petrie Park and Rattray Reserve Draft Master Plans ............................................15

MINUTES ORDINARY MEETING OF COUNCIL 7 MARCH 2016

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 4 April 2016

3. PLANET – ENVIRONMENTAL SUSTAINABILITY .......................................................16

Nil4.2 Substituted Plans for VCAT hearing for development of five double storey

dwellings at 34 - 36 Munro Street, Macleod. .........................................................164.3 Ivanhoe Grammar School - Transition to Compliance ...........................................214.4 Urban Planning and Building Activities Report ......................................................234.5 Draft Residential Parking Permit Policy - Consultation Timeframes ......................24

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ...................24

Nil6.2 Councillor Strategic Planning Workshop ...............................................................246.3 MAV - Provision of a Recruitment Services Contract ............................................256.6 Community Information and Support Services - Shop 48 The Mall, West

Heidelberg ............................................................................................................266.4 Election Period Policy ...........................................................................................276.5 14-18 Livingstone Street, Ivanhoe - Hear submissions on proposed sale of

land.......................................................................................................................28

9. GENERAL BUSINESS ..................................................................................................29

9.1 Attendance at Recent Events................................................................................299.2 Viewbank Primary 50th Anniversary .....................................................................299.3 Home Harvest Feast .............................................................................................30

10. URGENT BUSINESS.....................................................................................................30

CLOSURE OF MEETING TO THE PUBLIC.........................................................................30


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 4 April 2016 3

EXTENSION OF PUBLIC FORUM

Resolution (CO2016/44)

That the Public Forum be extended until 8.00pm.

Moved: Cr Jenny MulhollandSeconded: Cr Rick Garotti 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 willampeople.

Present

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

Apologies

Cr Steven Briffa

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed:

Ordinary Meeting of Council held 22 February 2016

Moved: Cr Rick GarottiSeconded: Cr Jenny Mulholland CARRIED

Disclosure of Interests

Cr Jenny Mulholland declared an indirect interest in item 8.6 due to conflicting duties.

Cr Mark Di Pasquale declared a conflicting personal interest in item 8.4.

Cr Tom Melican declared a conflicting personal interest in item 8.4.



PROCEDURAL MOTIONS


That items 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7 and 8.8 be considered before all other items listedon the Agenda.

Moved: Cr Rick GarottiSeconded: Cr Mark Di Pasquale CARRIED


That the items 4.1, 6.1, 6.7, 6.8 and 7.1 be considered together and resolved withoutdiscussion.


8. NOTICES OF MOTION

8.1 REMOTELY PILOTED AIRCRAFT (RPA OR DRONES)/UNMANNED AERIALVEHICLES (UAV) AND MODEL AIRCRAFT

Cr Craig Langdon submitted a Notice of Motion.

Mr Roger Fyfe spoke to the item.


That Council advocate to the Australian Government to:

1. Commence a public education program on Remotely Piloted Aircraft (RPA), UnmannedAerial Vehicles (UAV) and model aircraft used for sport and recreation, eg. heavilypromote the brochure “Flying with Control?”

2. Require sellers of RPA’s, UAV’s and model aircraft used for sport and recreation toeither attach:

(a) the brochure, “Flying with Control?”, or(b) a sticker on “Flying with Control?”

to the packaging of the RPA, UAV or model aircraft upon sale.

3. Investigate opportunites to change/tighten the legislation, eg., enabling State Police tobecome Authorised Officers who can enforce the Civil Aviation Safety Regulations1998, Part 101.

Moved: Cr Jenny MulhollandSeconded: Cr Craig Langdon CARRIED



8.2 TRAFFIC INVESTIGATION - RUSHWORTH STREET AND REEVES STREET, ANDWATSONIA PRIMARY SCHOOL

Cr Rick Garotti submitted a Notice of Motion.


That Council:

1. Note the road safety concerns raised by residents at the intersection of RushworthStreet and Reeves Street, Watsonia.

2. Note the actions that Council officers are already pursuing in response to theseconcerns, namely to:a. Seek approval from VicRoads to install 40km/h sign limits along Nell Street West,

Knight Street and Meagher Street in Watsonia adjacent to Watsonia PrimarySchool;

b. Investigate introducing short-term parking at the southern end of Meagher Streetbetween Nell Street West and the school crossing;

c. Review the line marking, sight distance and turning circles at the intersection ofRushworth Street and Reeves Street;

d. Undertake traffic speed and volume counts along Rushworth Street;e. Request from VicRoads an area-wide 40kph speed zone in local streets bounded

by Grimshaw Street, Watsonia Road and Greensborough Highway.

3. Report back to Council on possible treatment options at the intersection of RushworthStreet and Reeves Street, Watsonia that would be suitable for installation on a trialbasis and to seek funding for a trial in the 2016-17 budget.

4. Write to local residents on this resolution and include the Ward Councillor’s contactdetails in the correspondence.

Moved: Cr Rick GarottiSeconded: Cr Jenny Mulholland CARRIED

8.3 FUNDING SAFE SCHOOLS COALITION AUSTRALIA PROGRAM IN SCHOOLS



1. That Council advocate and write to the Federal Minister for Education, Senator theHon Simon Birmingham to continue funding the Safe Schools Coalition Australiaprogram in schools.

2. That Council write to all Federal Members outlining this resolution.




Cr Mark Di Pasquale and Cr Tom Melican declared a conflicting personal interest in item8.4 VETRide and its Support to the Vietnam Veterans, being that both Councillors areparticipating in the event with both having paid a $300 entrance fee.

In accordance with (s79B) of the Local Government Act 1989 both Councillors sought theCouncil’s approval to be excused from voting on the item.

Resolution

That Council consent to Cr Mark Di Pasquale and Cr Tom Melican being exempt from votingon item 8.4 VETRide and Its Support to the Vietnam Veterans due to a declaration ofconflicting personal interest and notes that both Councillors have paid their own entrance feeof $300 each.

Moved: Cr Rick GarottiSeconded: Jenny Mulholland

Cr Mark Di Pasquale and Cr Tom Melican left the Chamber at 8.14pm, prior to thediscussion and vote on the item.

8.4 VETRIDE AND ITS SUPPORT TO THE VIETNAM VETERANS

Cr Jenny Mulholland submitted a Notice of Motion.


That:

1. Council acknowledges its support for VetRide and the work it does in looking after thewelfare of Vietnam Veterans and considers making a donation towards the Service andthe Sacrifice Tour 2016.

2. A report be presented to Council on the possible allocation of $5,000 towards theSacrifice Tour 2016.


Cr Mark Di Pasquale and Cr Tom Melican returned to the Chamber at 8.16pm.



8.5 ADVOCACY FOR VITAL TRANSPORT INFRASTRUCTURE IN BANYULE AND THENORTH EAST OF MELBOURNE

Cr Mark Di Pasquale submitted a Notice of Motion.


That Banyule Council strongly advocates for vital transport infrastructure improvementswithin Banyule and the wider North East of Melbourne with a focus on the following priorities:

a) Direct orbital connection of the Metropolitan Ring Road to Eastlink via a new north eastlink;

b) Duplication of the Hurstbridge Railway Line through to Eltham (Heidelberg to Rosannaand Greensborough to Eltham) and provision of High Capacity Signalling to improveservice frequency to at least 10 minutes throughout the day;

c) Completion of the north east principal bicycle network with a focus on the link betweenYallambie Road and Grimshaw Street adjacent to the Greensborough Highway;

d) Public transport improvements in the north east of Melbourne including a new rail lineto Doncaster, extension of the South Morang Rail line through to Whittlesea, orbitalconnecting bus services to rail and tram corridors and other public transport initiativesas outlined in the Banyule Integrated Transport Plan and Northern HorizonsInfrastructure Strategy.

Moved: Cr Mark Di PasqualeSeconded: Cr Rick Garotti CARRIED

Cr Jenny Mulholland called for a division:

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

AGAINST: Nil

The Chairperson declared the motion CARRIED



Cr Jenny Mulholland declared an indirect conflict in item 8.6 Review Advocacy Approachto Bullying, due to conflicting duties on the basis that her employer will be holding afundraiser for the promotion of the anti-bullying video.

Cr Jenny Mulholland left the room at 8.31pm prior to the discussion and vote on theitem.

8.6 REVIEW ADVOCACY APPROACH TO BULLYING



1. That Council receives a report on the 4 April 2016 regarding promotional opportunitiesto school and the wider community in the documented affects associated with bullying.

2. The report identifies locally produced documentaries based on the impacts of bullyingin the community.

3. Council receive advice on the best approach to advocate on the issues associated withbullying.

Moved: Cr Rick GarottiSeconded: Cr Craig Langdon CARRIED

Cr Mulholland returned to the Chamber at 8.32pm.

8.7 BANYULE CITY COUNCIL PROCUREMENT POLICY

Cr Rick Garotti submitted a Notice of Motion.


That Council:

1. Takes into consideration the ethical business activities of our service providers whenassessing the procurement of goods and services.

2. Incorporate the requirement for Council officers to consider ethical business activitiesof service providers when conducting the annual review of Council’s ProcurementPolicy scheduled for August 2016.




8.8 SEALING OF MACLEOD PARK CAR PARK

Cr Tom Melican submitted a Notice of Motion.

Mr Domenic Di Cesare and Mr Roger Fyfe spoke to the item.


That Council, as part of the 2016/17 budget, consider the allocation of funding to seal the carpark at Macleod Park, to improve safety and accessibility for all users.

Moved: Cr Tom MelicanSeconded: Cr Craig Langdon CARRIED

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 HEIDELBERG AND BELL STREET MALL PARKING PLAN (REVISED DRAFT)

EXECUTIVE SUMMARY

The Heidelberg and Bell Street Mall Parking Plan (HBSMPP) considers parking trends andstrategies to manage parking in the Heidelberg Activity Centre, the Bell Street Mall area, andtheir immediate surrounds.

The initial draft HBSMPP was prepared and released for community input in June 2016.Following feedback from the community and external stakeholders, additional work wascompleted to further refine the draft document.

A revised draft Heidelberg and Bell Street Mall Parking Plan incorporating this additionalwork is now proposed for public consultation.

Responses to the draft will help inform a final HBSMPP. A final document is planned to bepresented to Council for adoption later in the year.


That:

1. Council approve the revised draft Heidelberg and Bell Street Mall Parking Plan andassociated parking overlays for public consultation with community feedback invited onthe draft documents.

2. A further report be presented to Council on feedback received during the consultationperiod.




6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 ITEMS FOR NOTING


That Council note the following minutes/reports:

1. Banyule Environment Advisory Committee February 2016 Notes


6.7 9 JOHN STREET, IVANHOE - PROPOSED LEASE TO IVANHOE BOWLING CLUBINC

EXECUTIVE SUMMARY

Ivanhoe Bowling Club Inc (Club) currently operates from Council-owned land at9 John Street, Ivanhoe. The former Heidelberg Council leased the land and improvements tothe Club. That lease has now expired.

The proposal, which is to enter into a new lease with the Club, triggered the need to givepublic notice under section 190 of the Local Government Act 1989 (Act).

Public notice was given in the “Heidelberg Leader” on 12 January 2016 with the public invitedto make submissions on the proposal in accordance with section 223 of the Act. Thesubmission period closed at 5:00pm on 10 February 2016, with one submission beingreceived. The submission was received and considered by Council at its meeting of22 February 2015.

This report seeks Council’s decision on the granting of the lease to the Club for the term offive (5), with no further term, for the commencing rent of $104.00 per annum plus GST andannual CPI increments.


That:

1. Having complied with sections 190 and 223 of the Local Government Act 1989:a. by giving public notice in the “Heidelberg Leader” on 12 January 2016; andb. by recording that one (1) submission was received; andc. by providing an opportunity to those who have requested to be heard at Council’s

Ordinary Meeting of 22 February 2016 to be heard at that meeting; andd. noting that the submitter’s concerns had been satisfied;

Council grants to the Ivanhoe Bowling Club Inc (Club), a lease of the Council-ownedland and improvements currently occupied by the Club at 9 John Street, Ivanhoe, forthe term of five (5) years at the commencing rent of $104.00 per annum plus GST andannual CPI increments.

2. The necessary documentation to effect the lease to the Club be signed and sealed atthe appropriate time.



3. The submitter be advised of Council’s decision and the reason for that decision.


6.8 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 ofCouncil 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 toreport as soon as possible to an Ordinary Meeting of Council a record of any assemblies ofCouncillors held. Below is the latest listing of notified assemblies of Councillors held atBanyule City Council.

RECORD OF ASSEMBLIES

1 Date of Assembly: 20-21 February 2016

Type of Meeting: Councillor Strategic Planning Workshop

Matters Considered: • Current Local Government sector context andassociated implications

• Key priorities/deliverables over the next 12 months• Key advocacy priorities over the next 12 months –

Budget/City Plan Priorities• Portfolio Updates Planning for the future, key issues,

Opportunities and Challenges• Governance (Councillor Code of Conduct review,

election Period Policy, Local Government ActAmendments)

Councillors Present: Mark Di PasqualeRick GarottiCraig LangdonTom MelicanJenny MulhollandWayne Phillips

Staff Present: Simon McMillan – Chief Executive OfficerAllison Beckwith – Director Community ProgramsScott Walker – Director City DevelopmentMarc Giglio – Director Corporate ServicesGeoff Glynn – Director Assets & City ServicesGina Burden – Manager Governance & CommunicationPeter Utri – Manager Organisational SystemsJames Kelly – Manager Assets & Infrastructure

Others Present: Lydia Wilson - Facilitator



Conflict of Interest: Nil

2 Date of Assembly: 22 February 2016

Type of Meeting: Multicultural Advisory Committee

Matters Considered: • Overview of Multicultural Advisory Committee• Discussion with Mary Wooldridge MP and Inga Peulich

MLC• Bell Street Mall Cultural Precinct• Bus Tour for new arrivals in Banyule – update• Engagement with Victorian Multicultural Commission• Cultural Diversity Week 2016 – Activities• 2016 Census• Banyule Litter Strategy• Banyule Safe Travel Plan

Councillors Present: Steve BriffaMark Di PasqualeCraig LangdonTom MelicanJenny Mulholland

Staff Present: Allison Beckwith – Director Community ProgramsTheonie Tacticos – Team Leader Community & SocialPlanningIndia Mortlock – Community & Social PlannerMargaret Morgan – Waste Education CoordinatorMichelle Herbert – Senior Transport Engineer

Others Present: Inga Peulich MLCMary Wooldridge MPKaren Cosson – ConsultantCommittee Members:Uma VijayRosemary CrosthwaiteRyoko WilliamsBev MossJane GraceAlbert Fatileh



Type of Meeting: Councillor Briefing

Matters Considered: 2.1 Watsonia Pilot Busking Project2.2 Northern Region Trails Strategy4.1 Taxi Rank Safety Program 2015-20164.2 Draft Residential Parking Permit Policy4.3 Victorian Government Review of the New

Residential Zones5.1 Community Development Grants Proposal6.1 Proposed Leases for Montmorency, Rosanna

and Ivanhoe Bowling Clubs6.2 Proposed Lease to The Scout Association of

Australia, Victorian Branch6.3 Quarterly Financial Management Report for



Period Ended 31 December 20156.4 Assembly of Councillors7.1 Sealing of Documents 22 February 20168.1 75th Anniversary of Heidelberg Repatriation

Hospital8.2 Bell St Mall Improvements

Councillors Present: Steven BriffaMark Di PasqualeRick GarottiCraig LangdonTom MelicanJenny MulhollandWayne Phillips

Staff Present: Simon McMillan – Chief Executive OfficerAllison Beckwith – Director Community ProgramsScott Walker – Director City DevelopmentMarc Giglio – Director Corporate ServicesGeoff Glynn – Director Assets & City ServicesDaniel Kollmorgen – Manager Transport,Sustainability & Municipal LawsJoseph Tabacco – Manager, Property & EconomicDevelopmentPeter Benazic – Manager Parks & GardensJeff Parkes – Open Space Planning Co-OrdinatorVivien Ferlaino – Governance Co-ordinatorEllen Kavanagh – Governance Officer

Others Present: Nil



Type of Meeting: Councillor Briefing

Matters Considered: 2016/17 Budget: Capital WorksFees and ChargesBudget Timetable

Councillors Present: Steven BriffaMark Di PasqualeRick GarottiCraig LangdonTom MelicanJenny MulhollandWayne Phillips

Staff Present: Simon McMillan – Chief Executive OfficerAllison Beckwith – Director Community ProgramsScott Walker – Director City DevelopmentMarc Giglio – Director Corporate ServicesGeoff Glynn – Director Assets & City ServicesJames Kelly – Manager Assets & InfrastructureTania O’Reilly – Manager Finance & Procurement

Others Present: Nil





That the Assembly of Councillors report be received.


7. SEALING OF DOCUMENTS

7.1 YARRA PLENTY REGIONAL LIBRARY SUPPLEMENTAL AGREEMENT


That the Common Seal of the Banyule City Council be affixed to the Yarra Plenty RegionalLibrary Supplemental Agreement.


1. PETITIONS

1.1 PETITION FOR PARKING RESTRICTIONS - OLYMPIC LEISURE CENTRE

EXECUTIVE SUMMARY

A petition with 34 signatures has been received from residents of Heidelberg Heights,Heidelberg West, Bellfield and surrounding areas requesting the installation of 2 hour parkingrestrictions for the Olympic Leisure Centre.

The petition prayer is as follows:

“To Banyule Council

As patrons of the Olympic Leisure Centre we would request that times of parking spaces beextended so we can atten (sic) classes without fear of a fine.

Most classes are an hour, Mondy (sic) yoga is 1¼ hrs, so we need parking for at least 1.5hours.”

Following the collection of signatures, the main applicant wrote:

“To the Councillors,

There have been mutterings at the gym about parking for some time and people say they’reafraid of fines for overstaying. Many people come early just to get a park.

While collecting signatures, some people commented that they’d like to go to the bakery forcoffee but couldn’t unless they get a 2hr park.

Of course, not all cars in the area belong to gym patrons, but we’d like you to consider ourrequest.”

Further investigation and consultation will need to be undertaken to determine theappropriate parking arrangements required for this area.




That Council:

1. Receives and notes the petition.

2. Investigates the installation of short-term parking restrictions in the vicinity of OlympicLeisure Centre.

3. Advises the primary petitioner accordingly.


Cr Rick Garotti left the Chamber at 8.44pm.

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 PETRIE PARK AND RATTRAY RESERVE DRAFT MASTER PLANS

EXECUTIVE SUMMARY

In January 2015, Council appointed SGL Consulting Group to work with the community andCouncil to develop a master plan for Petrie Park and Rattray Reserve, Montmorency.

The objective of the project was to prepare a master plan for Petrie Park and RattrayReserve to ensure the best outcomes for the community, with improved facilities, betterlinkages and access, and a long term sustainable plan for the precinct.

Extensive consultation occurred throughout 2015 with community and sporting groups atPetrie Park and Rattray Reserve, local schools and businesses, Councillors, Council officersand local residents of Montmorency to assist with the development of the draft plan.

The draft plans are now ready for the final consultation phase and this report recommendsthat Council adopt the draft master plan for the purpose of public consultation between 8March and 19 April 2016 and invite written submission during this period.


That Council:

1. Release the Petrie Park and Rattray Reserve draft master plans for the purpose ofcommunity consultation 8 March – 19 April 2016

2. Invite community members to submit written submissions in relation to the draft planvia communication in the Leader Newspaper (Banyule in brief), Council’s website,Facebook page, direct email to the user groups at Petrie Park and Rattray Reserve

3. Receive a further report following the community consultation period.

Moved: Cr Mark Di PasqualeSeconded: Cr Tom Melican CARRIED



3. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil

4.2 SUBSTITUTED PLANS FOR VCAT HEARING FOR DEVELOPMENT OF FIVEDOUBLE STOREY DWELLINGS AT 34 - 36 MUNRO STREET, MACLEOD.

Mr James Livingston, Mr Simon Prien, Mr Malcolm Simpson and Mr Kevin Biaggini spoke tothe item.

EXECUTIVE SUMMARY

The applicant has submitted revised plans for the upcoming Victorian Civil andAdministrative Tribunal hearing (VCAT ref: P1617/2015) seeking to modify the originalapplication from 19 dwellings over three stories in an apartment building to five double storeydwellings.

Two dwellings will now present to Munro Street with three presenting to Leith Walk eachprovided with single vehicle crossings.

A review has been lodged by the applicant against Council’s refusal of a planning permit for19 dwellings in an apartment style typology at 34 – 36 Munro Street, Macleod. The applicanthas substituted revised plans for the upcoming Tribunal hearing which modifies the proposalto five double storey dwellings. Two dwellings will now present to Munro Street with threepresenting to Leith Walk.

At this stage in the process, Council must form a view on the modified proposal which willthen form the basis of Council’s position at VCAT. Council must also provide ‘withoutprejudice conditions’ to the Tribunal and all parties. These conditions will be considered inthe event the Tribunal directs that a permit be issued for the modified proposal.

The substituted plans represent an improved outcome, however it is considered that themodified proposal should not be supported without further changes.

Cr Rick Garotti returned to the Chamber at 8.55pm.


RECOMMENDATION PART A

That Council:

1. Note that the substituted plans represent an improved proposal for a multi-dwelling outcome at 34-36 Munro Street, Macleod.

2. Does not support the substituted plans due to:

a) The bulk and mass of the built form in particular with regards to sheer walls ofDwellings 1, 2 and 3 of the proposal and is contrary to both the existing andpreferred character of the neighbourhood, would erode the spacious and welllandscaped character and have an adverse visual impact on the streetscapecontrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 -Residential Neighbourhood Character Policy and Standards B1 – NeighbourhoodCharacter and B31 – Design detail of Clause 55 (ResCode) of the BanyulePlanning Scheme.



b) The internal amenity of Bedroom 2 Dwelling 1 is considered to be compromisedby poor solar access and excessive reliance on highlight windows which isconsidered contrary to Standard B27 – Daylight to new windows objective ofClause 55 (ResCode) of the Banyule Planning Scheme.

c) The proposal has not demonstrated adequate storage facilities to Dwelling 1contrary to Standard B30 – Storage Objective of Clause 55 (ResCode) of theBanyule Planning Scheme.

d) The development incorporates a design which is considered contrary to thepreferred neighbourhood character in terms of sheer walls presenting to thestreet, and roof forms of Dwellings 1 and 2 presenting to Munro Street, contraryto Standard B31 – Design Detail Objective of Clause 55 (ResCode) of theBanyule Planning Scheme.

e) The proposed vehicle crossings to Dwellings 3, 4 and 5 which present to LeithWalk are insufficiently setback form the road reserve to prevent parked vehiclesoverhanging which is considered contrary to the Objectives and Polices of Clause52.06.

f) The development proposes a continuous built form at the ground level ofDwellings 3, 4 and 5 and at the upper level of dwellings 4 and 5 as it presents toLeith Walk which is contrary to the established and preferred neighbourhoodcharacter.

g) The proposed building coverage exceeds 40% which is the maximum sought bythe Schedule to the General Residential Zone Clause 32.08 and as such, doesnot reflect a built form which respects the neighbourhood character of the area.

h) The layout, built form and building coverage fails to provide adequateopportunities for meaningful canopy tree planting which would contribute to thecontinuous canopy sought for sites located near significant ridgelines within themunicipality as per Clause 22.02 of the Garden Suburban Precinct 2.

i) In accordance with Clause 52.06-5 the proposal fails to provide the requiredvisitor parking space required for five dwellings or more.

3. Considers that to respond to the issues raised in point 2, the development shouldinclude no more than four dwellings and retreats should be deleted from all upperlevels with the upper levels reduced in scale accordingly. This would enable separationbetween the current dwelling 4 & 5.

RECOMMENDATION PART B

That Council provide to the Victorian Civil and Administrative Tribunal the following draftconditions to consider in the event that the Tribunal approves the proposal:Plans

1. Before the development permitted by this permit starts, amended plans to thesatisfaction of the Responsible Authority must be submitted to and approved by theResponsible Authority. When approved, the plans will be endorsed and will then formpart of the permit. The plans must be drawn to scale with dimensions and three copiesmust be provided. The plans must be generally in accordance with the advertisedplans submitted with the application but modified to show:

(a) One dwelling modified to comply with Councils Livable Housing DesignGuidelines.



(b) Bedroom 2 serving Dwelling 2 to be deleted with the associated reduction in theextent of upper floor.

(c) Dwellings 3, 4 and 5 to have front setbacks to Leith Walk of 5.0m from the wall ofthe dwelling with associated reduction to the private open space.

(d) The retreat room on the upper floor of Dwelling 3 to be setback from the groundfootprint of the building by 1.0m.

(e) The water tank serving Dwelling 2 be relocated to the service yard on thesouthern boundary.

(f) Dwelling 1 to provide 6.0m3 of externally accessible storage.

(g) The use of a pitched style roof applied to Dwellings 1 and 2.

(h) The introduction of differential building materials and colours pallets between thefaçades of Dwellings 1 and 2 to aid variation between the two dwellings.

(i) Landscaping as required by Condition 2 of this permit;

(j) Engineering plans showing a properly prepared design with computations for theinternal drainage and method for of disposal of stormwater from all roofed areasand 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;

(k) A schedule of external building materials and colours, including details ofcladding and roofing materials which are of muted non-reflective tones; theschedule should be presented on a separate sheet and must include coloursamples.

(l) A Sustainable Design Assessment (SDA) assessment using:

The online Built Environment Sustainability Scorecard (BESS) or SustainableTools for Environmental Performance Strategy (STEPS) tool providing theSTEPS report, STORM report and FirstRate certificates for each unique dwellingand any further information in support of the assessment.www.sustainablesteps.com.au

(m) The integration details and connections of all Stormwater treatment features inaccordance with the endorsed Sustainable Design Assessment required byCondition 1 (j) and STORM report and a reference to further details on thelandscape plan

(n) The provision of 2 advanced street trees at the cost of the developer and to thesatisfaction of Councils Parks and Gardens Department.

(o) Corner splay areas at least 50 per cent clear of visual obstructions extending atleast 2m along the frontage road from the edge of the exit lane and 2.5m alongthe exit lane from the frontage to each vehicle crossing, to provide a clear view ofpedestrians on the footpath of the frontage road. The area clear of visualobstructions may include an adjacent entry or exit lane where more than one laneis provided.

2. The development permitted by this permit must not be commenced until a satisfactorydetailed landscaping plan is submitted to and approved by the Responsible Authority.Such plan must be prepared by a person suitably qualified or experienced in landscapedesign and shall include:

(a) Details of planting within the secluded outdoor living areas and front setbacks;



(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 withinthe front setback to prevent cars parking within those areas

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

(e) Provision of replacement planting for vegetation that is to be removed including aminimum of (4) large canopy trees (mature height of at least 12m) planted at asemi-advanced state (minimum pot size 40 litre) within the front setback ofDwelling 1 and 2 fronting Munro Street and the seclude outdoor living area ofDwelling 4 and 5, and (2) medium canopy trees (mature height of at least 10m)planted at a semi-advanced state (minimum pot size 16 litre) along the northernboundary and (5) small canopy trees (mature height of at least 8m) plantedthroughout the site;

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

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

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

(i) Location, details and cross section drawings of all Water Sensitive Urban Designfeatures in accordance with the endorsed Sustainable DesignAssessment/Sustainable Management Plan and STORM report required byCondition 1(j) of this permit, with reference to connection details on theengineering plans.

General

3. The development as shown on the endorsed plans or described in the endorseddocuments must not be altered or modified except with the written consent of theResponsible Authority.

4. Unless otherwise agreed in writing by the Responsible Authority the developmentpermitted by this permit must not be occupied until the development has beencompleted to the satisfaction of the Responsible Authority in accordance with thepermit and endorsed plans (including, but not limited to built form and layout, parking,landscaping, drainage, street numbering, replacement of street trees).

Urban Design / External Appearance

5. The walls of the development on the boundary of adjoining properties must be cleanedand finished in a manner to the satisfaction of the Responsible Authority.

Car Parking / Access

6. Areas set aside for the parking of vehicles together with the aisles and access lanesmust be properly formed to such levels that they can be utilised in accordance with theendorsed plans and must be drained and provided with an all weather seal coat. Theareas must be constructed, drained and maintained in a continuously useable conditionto the satisfaction of the Responsible Authority.



7. Areas set aside for the parking and movement of vehicles as shown on the endorsedplans must be made available for such use and must not be used for any otherpurpose.

8. Vehicular access or egress to the subject land from any roadway or service lane mustbe by way of a vehicle crossing constructed in accordance with Council’s VehicleCrossing Specifications to suit the proposed driveways and the vehicles that will usethe crossings. The location, design and construction of the vehicle crossings must beapproved by the Responsible Authority. Any existing unused crossings must beremoved and replaced with concrete kerb, channel and naturestrip to the satisfaction ofthe Council prior to occupation of the building. All vehicle crossing works are to becarried out with Council Supervision under a Memorandum of Consent for Works whichmust be obtained prior to commencement of works.

Tree Protection / Landscaping

9. Except with the further written consent of the Responsible Authority, no vegetation(other than that indicated on the endorsed plan, or exempt from planning permissionunder the provisions of the Banyule Planning Scheme) shall be damaged, removed,destroyed or lopped.

10. Unless otherwise agreed in writing by the Responsible Authority, prior to thecommencement of works (including demolition) on the site Tree Preservation Zonesmust be established around Council Street tree within the road reserve on MunroStreet. You must contact Council’s Development Planning Arborist on 9457 9878 oncethe Tree Preservation Fencing is erected so that an inspection of the fencing can becarried out. Once installed and inspected the Tree Preservation Zones must bemaintained to the satisfaction of the Responsible Authority, and meet the followingrequirements:

(a) Extent

Tree Preservation Zones are to be provided to the extent of the canopy of thetrees indicated as being retained on the endorsed plan within the road reserve.

(b) Weed control

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

(c) Fencing

(i) Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metresof chain mesh or like and a top line of high visibility plastic hazard tapemust be erected around the perimeter of the zone.

(ii) The posts must be strong enough to sustain knocks from on site excavationequipment.

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

(d) Signage

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

(e) Irrigation

The area must be irrigated during the summer months with 1 litre of clean waterfor every 1 cm of trunk girth measured at the soil / trunk interface on a weeklybasis.



(f) Access to Tree Preservation Zone

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

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

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

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

Time Limits

12. In accordance with section 68 of the Planning and Environment Act 1987, this permitwill expire if one of the following circumstances applies:

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

(d) 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, theResponsible Authority may extend the periods referred to if a request is made inwriting:

(a) Before the permit expires, or

(b) Within six months afterwards, or

(c) Within 12 months afterwards if the development started lawfully before the permitexpired.


4.3 IVANHOE GRAMMAR SCHOOL - TRANSITION TO COMPLIANCE

Cr Tom Melican left the Chamber at 9.15pm, and returned at 9.18pm.

Mrs Robyn Roberts, Ms Robin Edwards, Ms Robyn Sullivan and Mr Ken Whiteman spoke tothe item.

EXECUTIVE SUMMARY

The development of Ivanhoe Grammar School is currently transitioning between the olddevelopment plan (February 2000) and the new plan approved in June 2015 and nowrecently endorsed. There are expectations set under the previously approved developmentplan that have not been fulfilled, such as the provision of car parking. These expectations willbe resolved with the completion of projects scheduled under the newly approveddevelopment plan.

The school has also provided written confirmation that its staff and student numbers are inexcess of the maximums allowed under the February 2000 Development Plan.



Council, at its meeting on 5 October 2015, resolved to extend the existing development planfor a transitional period on the condition that Ivanhoe Grammar School carry out certainactions (including increasing on site car parking) by the commencement of school in Term 1of 2016. As these conditions have not been satisfied by the school within the specifiedtimeframe, an alternative outcome is required.

On 8 February 2016, Council was asked to consider a plan for the school to transition tocompliance however, the matter was deferred to allow time for the school to provide somefurther detail, particularly with regards to the location of additional car parking spaces on site.

This report outlines a number of methods the school can use to reduce the demand foronsite car parking and while it will not reach complete compliance, a smaller shortfall can beachieved. The school has asked Council to consider accepting a reduction of 41 car parkingspaces (based on the statutory rate, which can be reduced to 30 based on the empirical rateused under the 2000 development plan) for an additional period until the commencement ofterm 1 2017. It is considered that it is reasonable to accept this shortfall for this period.


That Council:

1. Agree to additional staff and student numbers until the commencement of term one2017 on the basis that:

a. The additional staff increase of 43 (total of 254 as of 17 February 2016) isreduced to no more than 31 additional staff onsite at any one time.

b. An agreed car parking plan showing a total of 152 car parking spaces availablefor all staff at the Ridgeway Campus is accepted.

c. Student numbers do not exceed a total of 1505 (an excess of 105 students) forthe transition period.

d. The school further explore opportunities to provide additional parking which willbe available to staff during the period of transition and also during construction ofbuildings under the new development plan.

2. Agree to transition arrangements which vary the plan including an additional shortfall of41 on-site car parking spaces until the commencement of term one, 2017.

3. Where the transition arrangement agreed to in 1 above is not met, undertakeappropriate action to ensure that the transition arrangement or any other formalapproval as appropriate that applies to the land is met. This includes the principle oflimiting the increase in staff (above the maximum approved under the 2000Development Plan) to 0.833 to each new car parking space (above the number ofspaces required under the 2000 Development Plan).

4. Write to the school to inform them of Council’s decision.

5. Write to residents in the locality to inform them of Council’s decision.

Moved: Cr Jenny MulhollandSeconded: Cr Mark Di Pasquale CARRIED



4.4 URBAN PLANNING AND BUILDING ACTIVITIES REPORT

Mr Kevin Biaggini spoke to the item.

EXECUTIVE SUMMARY

This report presents and provides commentary on the activities of the Urban Planning andBuilding Department (consisting of Development Planning, Strategic Planning and BanyuleBuilding Permits and Inspections (BPi)) for the period July – December 2015.

For Development Planning, detail is provided in relation to applications received anddetermined, the backlog of undetermined applications, processing timeframes, planninginvestigations including infringements and planning appeals. Key highlights for the first halfof the 2015-16 financial year include:• Reduction in the live backlog of planning applications from 488 to 431 over the 6 month

period.• Less applications were received and more determinations made.• 77% of VicSmart applications were determined in less than 10 business days which is

an improvement from 50% in the 2014-15 financial year).• There was greater complexity in the applications received and more activity shown with

a 30% increase in multi-dwelling applications and a 41% increase in subdivisionapplications compared to the previous 6 months.

• The number of tree removal and pruning applications lodged reduced by 17%compared to the previous 6 months.

• The backlog of live planning investigations was reduced from 454 to 106 over the 6month period.

• Less appeals were lodged at the Tribunal (reduction from 43 by 4) and a greaternumber of appeal decisions were upheld in the previous 6 months compared with theprevious financial year.

BPi has continued to generate a financial return for Council, by operating a business buildingsurveying arm, as well as subsidising the statutory Building Regulation requirements of thebuilding service. Profit for the half year has exceeded expectations, highlighting the efforts ofthe building team in continuing to perform at a high level, while maintaining a quality service.Key highlights for the first half of the 2015-16 financial year include:• An increase in permits processed of 12% based on annualised performance of July –

December 2015 compared with the previous financial year.• Continued growth in operating profit to date, with current profit showing as almost that

of the previous full financial year.• Closure of significant level of outstanding building investigations with reduction in live

backlog by 11% over the 6 month period.• Progressed development of electronic lodgement of applications and record storage plan.

Strategic Planning has seen the conclusion to the Ivanhoe Structure Plan while delivering thePicture Watsonia Vision. The team has also made substantial progress in relation to UrbanDesign Guidelines for a number of precincts within the Greensborough Activity Centre whichwill form the basis of a Planning Scheme Amendment Exhibition while managing the SpecialBuilding Overlay up to a Planning Panel which was convened in July 2015.


That Council note the Urban Planning and Building Activities Report for the period July –December 2015.

Moved: Cr Wayne PhillipsSeconded: Cr Rick Garotti CARRIED



4.5 DRAFT RESIDENTIAL PARKING PERMIT POLICY - CONSULTATIONTIMEFRAMES

Mr Dennis O’Connell spoke to the item.

EXECUTIVE SUMMARY

Consistent with the Council resolution of 22 February 2016, the draft Residential ParkingPermit Policy is currently open for public comment.

Due to delays with the printing and delivery of the document to Council’s customer servicecentres, it is proposed to extend the consultation period to 24 March 2016.


That Council extend consultation on the draft Residential Parking Permit Policy to24 March 2016.

Moved: Cr Jenny MulhollandSeconded: Cr Mark Di Pasquale CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

Nil

6.2 COUNCILLOR STRATEGIC PLANNING WORKSHOP

Mr Brian Grace spoke to the item.

EXECUTIVE SUMMARY

It is important for Councillors to have access to conferences, forums and other trainingopportunities to develop their skills and ability to represent and engage with theirconstituents. There is also an expectation that Councillors, as part of their strategic role,make time to plan for the ongoing viability and long term direction of the municipality.

As part of the training and development program for Councillors at Banyule, a facilitatedweekend workshop was held offsite between 20 – 21 February 2016, involving theCouncillors and key Senior Officers. The focus of this year’s Strategic Planning Workshopwas to review Council’s achievements over the past term and to discuss the challenges,areas for improvement and key deliverables for the future.

This report has been prepared to provide an overview and record of the Strategic PlanningSession.


That:

1. Council note the report on the Councillor Strategic Planning Workshop held20 – 21 February 2016; and



2. Officers report back to Council on the development and implementation of anystrategies or initiatives, resulting from the Strategic Planning Workshop, which willeither require Council endorsement or a budget allocation.


6.3 MAV - PROVISION OF A RECRUITMENT SERVICES CONTRACT

EXECUTIVE SUMMARY

In order to ensure effective and continuous service delivery across Council, operational andadministrative areas engage temporary agency labour when requirements dictate.Temporary labour usage is driven primarily to:

• Meet legislative requirements for carer/child ratios in Early Childhood services whenstaff are absent due to illness or annual leave;

• Operate waste collection trucks when drivers are absent to due to illness or annualleave.

• Backfill staff who are subject to modified duties or absent as a result of WorkCover;• Maintain operations in vacancies during the time between resignation and recruitment

of a new starter.• Satisfy peak demands as a result of seasonal work, for example, Parks and Gardens

and Cleansing have additional demands in Spring and Autumn.• Replace vacancies temporarily in areas that are undergoing change processes, such

as Local Laws.

Temporary labour is accessed through 15 different agencies. Each operational areamanages its own budget, suppliers and requirements which ensures quick and appropriateturnarounds. Good relationships exist between client and suppliers. The disadvantage withsuch a decentralised approach is that real time reporting on agency staff numbers and lengthof assignment is currently unavailable or time consuming to construct.

MAV Procurement have recently tendered for the provision of a Neutral Vendor ManagedService for temporary labour supply in accordance with S186 of the Local Government Act1989 (Act). The successful tenderer was Comensura Pty Ltd ABN 30 120 725 902(Comensura).

Comensura operate like a broker and provide cost efficiencies through competitive rates,consolidated invoicing, on demand reporting on activity and expenditure as well as theefficiencies that come from improved accountability and oversight.

Cr Jenny Mulholland and Cr Mark Di Pasquale left the Chamber at 10.07pm, andreturned at 10.09pm.


That:

1. Council approve Banyule City Council entering into a Client Services Agreement withComensura Pty Ltd (ABN 30 120 725 902) under the Municipal Association of Victoriacontract RS8017-2015NV for the provision of a Recruitment Neutral Vendor ManagedService suppling agency labour for temporary or short term requirements.



2. The Service Agreement be effective from the date of signing until 9 November 2018,and will be in accordance with the MAV contract of an initial 3 year period with twoextension options of 2 plus 2 years, at Council’s discretion, noting the MAV contracthaving taken effect on 9 November 2015.

3. The Common Seal of Banyule City Council be affixed to the Client Services Agreementbetween Council and Comensura Pty Ltd (ABN 30 120 725 902).

Moved: Cr Tom MelicanSeconded: Cr Rick Garotti CARRIED

PROCEDURAL MOTION


That Item 6.6 be considered as the next item.

Moved: Cr Tom MelicanSeconded: Cr Rick Garotti CARRIED

6.6 COMMUNITY INFORMATION AND SUPPORT SERVICES - SHOP 48 THE MALL,WEST HEIDELBERG

Mr Ian Parker spoke to the item.

EXECUTIVE SUMMARY

Council resolved on 21 September 2015 to reconfirm its commitment to a CommunityInformation and Support Service model with a service presence in the geographic locationsof Heidelberg West and Greensborough and seek a service provider for the new WestHeidelberg site via a public tender process.

Following an unsuccessful public tender outcome, Council proceeded to engage a consultantas Facility Manager, to deliver on the Community Information and Support Service objectivesfor Shop 48, The Mall, West Heidelberg, including the development of a strategic plan for thefacility and overseeing the establishment of the overall service centre.

Shop 48 is planned to commence service operations in late March 2016 building to a fullsuite of services over the next 18 months with the view to ultimately handing over a well-established and dynamic service centre to a community based model. In the interim,following completion of refurbishment works at Shop 48 in October 2015, Council inpartnership with the community continues to run a series of planned programs activating thepublic access spaces at Shop 48.

A community consultation process to name the new West Heidelberg centre was undertakenlate 2015. There were clear common themes presented representing the location andcommunity’ views for the ethos of the space going forward, with the centre name beingconfirmed as “SHOP 48 – The Harmony Centre”

Full consideration of the options proposed by Banyule Support and Information Centre(BANSIC) and Volunteers of Banyule (VOB) has been undertaken in context with the serviceestablishment progress of Shop 48, and it is proposed the agencies be supported with anextension to their current lease arrangements at 80 Hawdon Street, Heidelberg, until30 June 2016.




That Council:

1. Reconfirm its commitment to a consistent Community Information and Support Servicemodel across Banyule municipality with a service presence in the geographic locationsof Heidelberg West and Greensborough.

2. Following the establishment of the new service centre in West Heidelberg, enter intonew service level agreements across both service centres that ensure consistentservice outcomes across the municipality for both the north and south servicelocations.

3. In relation to the licence at 80 Hawdon Street, Heidelberg, currently occupied byBanyule Support and Information Centre (BANSIC) and Volunteers of Banyule (VOB),give formal notice of Council’s intent to extend the current lease arrangements for afurther three months until 30 June 2016.

Moved: Cr Rick GarottiSeconded: Cr Mark Di Pasquale CARRIED

6.4 ELECTION PERIOD POLICY

EXECUTIVE SUMMARY

All levels of Government in Australia accept that during the period leading up to an electionthat the Government assumes a ‘caretaker role’.

During the caretaker period, the business of government continues and ordinary matters ofadministration still need to be addressed. However, successive governments have followed aseries of practices, known as the ‘caretaker conventions’, which aim to ensure that theiractions do not bind an incoming government and limit its freedom of action.

The recent amendments to the Local Government Act 1989 (Act), section 93B now requiresall councils to adopt and maintain an ‘Election Period’ policy.

The Election Period policy requires that councils publicly explain to their communities howthey will conduct their business immediately prior to an election. This is to ensure councilelections are not compromised by inappropriate electioneering by existing councillors and tosafeguard the authority of the incoming council.

The policy must cover the three matters outlined below:

1. Preventing inappropriate decisions and misuse of resources2. Limiting public consultation and council events3. Equitable access to council information

For the 2016 general elections, the Election Period policy must be adopted by the31 March 2016.

The changes are in addition to the current requirements that prohibit councils from making‘major policy decisions’ during the election period. The Policy must be published on theCouncil’s website.




That Council adopt the Banyule Election Period Policy.


6.5 14-18 LIVINGSTONE STREET, IVANHOE - HEAR SUBMISSIONS ON PROPOSEDSALE OF LAND

Mr Kevin Biaggini, Mr Roger Fyfe, Mr Dennis O’Connell and Miss Gilda May spoke to theitem.

EXECUTIVE SUMMARY

Under section 189 of the Local Government Act 1989 (Act) statutory procedures werecommenced to give public notice of Council’s intention to sell the Council owned land andimprovements, being a two level car park, at 14-18 Livingstone Street, Ivanhoe, to SeacrestPty Ltd.

Public notice was given in the “Heidelberg Leader’ on 19 January 2016, with submissions onthe proposal invited in accordance with section 223 of the Act. The submission period closedon 16 February 2016.

Ten submissions were received, including one late submission. Five submitters requested tobe heard in support of their submission and one submitter has indicated that she will berepresented by another person.

The purpose of this report is for Council to consider the written submissions received and tohear from the submitters who have requested to be heard in support of their submission.The submitters have been advised that Council will hear oral submissions at its OrdinaryMeeting of 7 March 2016 and make a decision on whether or not to sell the land at a futuremeeting.


That:

1. Council receive and note that ten submissions, including one late submission, werereceived in response to the public notice given, pursuant to sections 189 and 223 of theLocal Government Act 1989, of Council’s intention to sell the land and improvements,being a two level car park, on the Council owned land at 14-18 Livingstone Street,Ivanhoe (land).

2. Council consider the submissions received and hear from the five submitters who haverequested to be heard in support of their submission, noting that one submitter will berepresented by another person.

3. At its Ordinary Meeting on 4 April 2016, Council determine the proposal to sell the landto Seacrest Pty Ltd, noting that ten submissions including one late submission, on theproposal were received and considered, and the submitters heard by Council at itsOrdinary Meeting on 7 March 2016.

Moved: Cr Wayne PhillipsSeconded: Cr Jenny Mulholland CARRIED



9. General Business

9.1 ATTENDANCE AT RECENT EVENTS

Cr Jenny Mulholland acknowledged the Councillor attendance and participation at somerecent events within the community:

Thursday, 25th FebruaryHeidelberg Park Pavilion Renovation & Cricket Net Project Official OpeningThank you to the Mayor Craig Langdon & Cr Tom Melican for supporting this project, as thefacility is used by residents from all wards. Mayor Langdon and Cr Melican also attended theofficial opening.

Saturday, 27th MarchMovie in the Park at Petrie Park where Cr Mulholland made the official speech on behalf ofCr Steven Briffa prior to the movie, ‘Shaun the Sheep’. The event was well attended by thecommunity.

Sunday, 28th FebruaryFairy Hills Kindergarten Welcome Picnic, where a wonderful day was had by all whoattended. Cr Mulholland wished to congratulate the organising committee of the event.

Wednesday, 2nd MarchNational Disability Insurance Scheme Information Evening was held at The Centre Ivanhoe,and was well attended by the Banyule community.

Wednesday, 2nd MarchCreate from a Crate Exhibition held at Hatch, which was held for the second time.Cr Mulholland stated how amazing it was to see what beautiful pieces were made from wastecrates; items such as chairs, chess sets, and a desk to name a few. The function was wellattended, and the Mayor and Cr Mulholland were both present.

Friday, 4th MarchWorld Day of Prayer held in the morning at St John's Anglican Church in Heidelberg.

Friday, 4th MarchWorld Day of Prayer held in the afternoon at Ivanhoe Baptist Church in Ivanhoe.

Saturday, 5th MarchSt John's Primary School Fair where a wonderful day was had by all that attended. Therewere plenty of rides and food stalls, and they also had a dunking machine where Council’svery own Cr Tom Melican was dunked! Cr Mulholland congratulated the parents and friendsfor organising a great day for the community.

9.2 VIEWBANK PRIMARY 50TH ANNIVERSARY

Cr Craig Langdon noted that he attend the 50th Anniversary of Viewbank Primary school onSaturday 28 February 2016 and was asked to speak at the event.

Cr Langdon acknowledged all the teachers, staff, school council and students who made upthe history of the school and Cr Langdon commented that he believed the school lived up toits motto of “Love of Learning. Learning for Life.”



9.3 HOME HARVEST FEAST

Cr Langdon noted that he joined the Mayor of Nillumbik Shire Council, Bonnie Hattam,former Mayor, Helen Coleman, and Cr Anika Van Hulsen at the Home Harvest Feast atEdendale Farm on Sunday 29 February 2016.

Cr Langdon acknowledged the Nillumbik Shire Council for their management of EdendaleFarm and noted that the Home Harvest Feast is in its 5th year and is sponsored by bothCouncils.

Cr Langdon thanked the staff of both Councils, the Home Harvest Working Group andvolunteers, Local Food Connect, Nillumbik Health, Edendale, Bulleen Art and Garden,Eltham High School and Real Food Catering.

Cr Langdon further thanked the Hospitality VET students from Eltham High for all theirpreparations, cooking, serving and cleaning skills.

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 theMeeting to members of the public and adjourn for five minutes to allow the public to leave theChamber prior to considering confidential item 11.1.

Moved: Cr Wayne PhillipsSeconded: Cr Rick Garotti CARRIED

The Meeting was adjourned at 10.59pm.

The Meeting was closed to the public at 11.04pm.

DATED:........................... DAY OF ........................... 2016

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