Banyule City Council Ordinary Minutes 22 June 2015

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 6 July 2015 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

22 June 2015 commencing at 7.45pm

MINUTES

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

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

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

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

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

PRESENTATION ................................................................................................................... 4

1. PETITIONS ...................................................................................................................... 5

1.1 Amendment for new carport at 2/1 Della Torre Crescent, Ivanhoe (P352/2013) ............................................................................................................ 5

REPORTS .............................................................................................................................. 6

4.2 Amendment to Permit for a new Carport at 2/1 Della Torre Crescent, Ivanhoe (P352/2013) ............................................................................................................ 6

5.1 Adoption of Banyule's City Plan 2013-2017 (Year 3) ............................................... 7 6.1 Budget Declarations ................................................................................................ 8 6.2 Adoption of Budget for Period 1 July 2015 to 30 June 2016 .................................... 9 6.5 Additional Paid Parking Locations ......................................................................... 13 4.4 Proposed Apartment Building at 13-17 Cartmell Street Heidelberg ....................... 15

2. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 25

2.1 Yulong Reserve - High Protective Fencing ............................................................ 25

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT .................................... 25

Nil

4. PLANET – ENVIRONMENTAL SUSTAINABILITY ....................................................... 25

4.1 Marshall Street, Ivanhoe - Proposed Children's Crossing ..................................... 25 4.3 Metropolitan Planning Levy and Planning Application Fees .................................. 26

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 27

6.3 45 Simms Road Montmorency - Proposed Licence - Land adjacent to Montmorency Secondary College ......................................................................... 27

6.4 Commonwealth Financial Assistance Grants ........................................................ 28

MINUTES ORDINARY MEETING OF COUNCIL 22 JUNE 2015

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 6 July 2015

6.6 Summary of 2015 Banyule Community Satisfaction Survey Results ..................... 29 6.7 Community Chef - Offer of Additional Shares in Regional Kitchen ........................ 29 6.8 Councillor Report on Conferences Attendance ..................................................... 30 6.9 Items for Noting .................................................................................................... 31 6.10 Assembly of Councillors ........................................................................................ 31

7. SEALING OF DOCUMENTS ......................................................................................... 35

Nil

8. NOTICES OF MOTION .................................................................................................. 35

8.1 Cap on numbers of Electronic Gaming Machines ................................................. 35 8.2 Rail Link to Doncaster ........................................................................................... 35 8.3 Simpson Barracks ................................................................................................. 36

9. GENERAL BUSINESS .................................................................................................. 36

.9.1 Ivanhoe Girls Grammar Confucius Learning Centre .............................................. 36 9.2 Cr Steven Briffa Leave of Absence ....................................................................... 36

CLOSURE OF MEETING ..................................................................................................... 37


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 6 July 2015 3

EXTENSION OF PUBLIC FORUM

(CO2015/179) Resolution That the Public Forum be extended until 8.05pm Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED EXTENSION OF PUBLIC FORUM

(CO2015/180) Resolution That the Public Forum be extended until 8.15pm Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The Meeting opened at 8.19 pm. Councillor Briffa left the Chamber at 8:19 pm. 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 Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed: Ordinary Meeting of Council held 9 June 2015

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



Disclosure of Interests

Cr Wayne Phillips declared a direct conflict of interest in item 6.1 Budget Declarations. The nature of the interest relates to his property that is subject to Capital Works Project funding in the 2015/2016 Budget for the re-sheeting works at Mirra Court, Bundoora and The Concord (to dead end) Bundoora, and at The Concord Bundoora – Grimshaw street (to dead end). Councillor Briffa returned to the Chamber at 8.21pm.

Presentation

Cr Craig Langdon opened the presentation with a speech on Refugee Week ( Sunday 14 June to Saturday 20 June) A video was shown of “Greg Holden – The Lost Boy” AMEND ORDER OF BUSINESS

(CO2015/181) Resolution That the Order of Business be amended so that items 1.1, 4.2, 5.1, 6.1, 6.2, 6.5 and 4.4 be considered before other items prior to proceeding with the Agenda as listed Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED



1. PETITIONS

1.1 AMENDMENT FOR NEW CARPORT AT 2/1 DELLA TORRE CRESCENT, IVANHOE (P352/2013)

Cathy Pederick and Claire Moore spoke on the item. EXECUTIVE SUMMARY A petition with sixteen (16) signatures has been received by residents located in Della Torre Crescent, Ivanhoe and nearby streets requesting that the planning application be supported which seeks retrospective approval for a double space carport and associated works at 2/1 Della Torre Crescent, Ivanhoe. The petition prayer is as follows:

“We the undersigned, residents and ratepayers of Banyule City wish to bring to the attention of Council: Capital Improvements by the owner of Unit 2 No 1 Della Torre Crescent, Ivanhoe We wish to advise we support the development that includes the following:

1. Increased paving to allow a second car to be parked on the property. 2. The demolishing of a large unattractive carport and erection of a less

intrusive shade sail. 3. The erection of a bin enclosure to ensure all bin and garden equipment is

hidden away. We believe the above changes which also includes raised stone garden beds that incorporate extensive planting is in keeping with the character of the neighbourhood. Our view is that it is a vast improvement on what previously existed. We also believe the second car parked on the property does not impact negatively on the aesthetic appeal of the property/neighbourhood and is a safety improvement with regard to the on-street parking close to the intersection. We therefore request Banyule Council: Remove the conditions on the permit to allow the above changes remain.”

Resolution (CO2015/182)

That Council: 1. Receives and notes the petition.

2. Considers the points made in the petition when considering the amendment to

Planning Permit P352/2013

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED



REPORTS

4.2 AMENDMENT TO PERMIT FOR A NEW CARPORT AT 2/1 DELLA TORRE

CRESCENT, IVANHOE (P352/2013)

Kevin Biaggini, Claire Moore, Frank Tsikrikos spoke on the item. EXECUTIVE SUMMARY

The applicant has lodged an amendment to an existing permit to retain a double width shade sail carport and associated modified vehicle access, a bin storage area next to the carport, and other hard surfaces within the frontage. The proposed amendment would result in the retrospective approval of:

The construction of the double width car space and shade sail carport that was built without Planning and Building approval.

The concreting of a section of the nature strip to provide access to the second car space without Asset Protection approval.

The removal of a street tree without Parks and Gardens approval. The shade sail carport, and the associated hard surfacing within the frontage is not supported as it is inconsistent with the preferred landscaping and car parking objectives within Council’s Residential Neighbourhood Character Policy and Schedule 1 to the Environment Significance, and vehicle crossing requirements. This report recommends an outcome that is considered to be appropriate. However, the recommendation is different to what has been requested by the applicant.


That Council having complied with Section 50 to 62 and 72 to 76 of the Planning and Environment Act 1987 issue a Notice of Decision to amend Planning Permit P352/2013 including the following changes:

Conditions 1 (a), (b), (c) and (d) be removed to allow for the double width shade sail carport and the associated works as requested by the applicant.

Insert a new condition under condition 1 requiring “the partial vehicle crossing be amended so that it is reduced in size and is splayed from the car parking area to the width of the existing single width crossing to the satisfaction of Council within 60 days of the date of the amended permit.”

Replace Recommendation B with a request that “Council’s Tree Care team remove the street tree located within the nature strip on Kenilworth Parade to the north of the property known as 2/1 Della Torre Crescent, Ivanhoe.

Insert a new Recommendation C which states that “Council accepts the splayed vehicle crossing and that the appropriate approvals should be sought so that this outcome can be endorsed by the relevant officers”.

Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips CARRIED



5.1 ADOPTION OF BANYULE'S CITY PLAN 2013-2017 (YEAR 3)

EXECUTIVE SUMMARY

This report is presented for the adoption of Banyule’s City Plan 2013-2017 (Year 3), which strives to achieve Council’s Vision for its community of: ‘Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community.’ The City Plan 2013-2017 (Year 3) outlines the strategic intent, direction and priorities for Banyule City Council under the objectives of People, Planet, Place, Participation and Performance. It helps guide the services Council provides to the community. The Plan is reviewed and updated each year after comprehensive consultation with the community, Councillors and staff, and is framed through a legislative context and relies on evidence of industry best practice. This annual review process ensures Council continues to deliver the most appropriate services and projects for Banyule. Feedback has helped Council to plan specific key initiatives and priorities for Year 3 of the City Plan, which encompasses the 2015/16 financial year. The draft City Plan 2013-2017 (Year 3), including the Strategic Resource Plan 2015/2016–2018/2019, has been available for community consideration and comment during 2015 in two key stages:

Initial draft - during 11-25 March 2015, and extended to 14 April 2015.

Final draft (public exhibition period) - from 14 April 2015 to 15 May 2015. (At the Council Meeting on 13 April 2015, Council resolved to give notice for ‘Preparation of City Plan 2013-2017 (Year 3)’. This resolution included a public exhibition period, and the process was commenced for the receipt of written public submissions.)

During both stages, the drafts were available via Council’s website and Service Centres, and at local libraries and neighbourhood houses. The draft plan was also promoted through The Banner newsletter and via advertisements in local papers A report was presented to the 25 May 2015 Council Meeting to enable Council to formally consider written submissions received regarding the Draft City Plan 2013-2017 (Year 3) and Proposed Budget 2015/2016. This separate meeting provided an opportunity for Council to receive, hear and consider the submissions in respect of Council’s intention to adopt the City Plan 2013-2017 (Year 3) on 22 June 2015. The attached City Plan contains the Strategic Resource Plan (SRP) for Banyule City Council for the next 4 year period. The SRP outlines how Council will manage our financial and non-financial resources, including human resources, over the next four years to achieve our strategic objectives. All initiatives outlined in the City Plan are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this Plan. The adoption of this Plan fulfils Council’s obligations and compliance with sections 125 and 126 of the Local Government Act 1989. The City Plan is the Council Plan for the purposes of the Act.



5.1 ADOPTION OF BANYULE'S CITY PLAN 2013-2017 (YEAR 3) CONT’D


That 1. Council, having considered all submissions received and having complied with the

requirements of sections 125 and 126 of the Local Government Act 1989, adopt with amendments the Banyule City Council’s City Plan 2013-2017 (Year 3) as attached to this report.

2. A copy of Banyule’s City Plan 2013-2017 (Year 3) be provided to the Minister for Local

Government prior to financial year-end (ie. 30 June 2015) 3. The submitters be advised that Council has considered their submissions relating to

Banyule City Council’s City Plan 2013-2017 (Year 3) and that they be notified of the outcome of their submission

4. Submitters be thanked for their contributions.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED 6.1 BUDGET DECLARATIONS

Cr Wayne Phillips declared a direct conflict of interest in item 6.1 Budget Declarations. The nature of the interest relates to his property that is subject to Capital Works Project funding in the 2015/2016 Budget for the re-sheeting works at Mirra Court, Bundoora and The Concord (to dead end) Bundoora, and at The Concord Bundoora – Grimshaw street (to dead end). Cr Wayne Phillips left the Chamber at 9:25 pm, prior to the consideration and vote on the item. Dennis O’Connell spoke on the item. Councillor Mulholland left the Chamber at 9.27pm Councillor Mulholland returned to the Chamber at 9:29 pm. EXECUTIVE SUMMARY

The Proposed Budget 2015/2016 (Budget) has been prepared to deliver the City Plan 2013-2017 (Year 3) objectives, which set the overall strategic direction for Banyule. The Budget comprises services, initiatives and capital works across the municipality. The ‘Adoption of Budget for the period 1 July 2015 to 30 June 2016’ report is included in this Agenda. The need for Councillors to disclose a conflict of interest where one exists in relation to any of these services or capital works requires that they be addressed separately as part of the Budget process. Any items included in the Budget in which a Councillor discloses a conflict of interest are to be dealt with by separate resolution under this ‘Budget Declarations’ process. Once all disclosures have been made and the items which are the subject of any disclosure are determined by the Council, all Councillors are able to vote on the Budget 2015/2016.



This report provides an opportunity for Councillors to disclose any conflicts in relation to the Budget.


That Council approve the inclusion of Capital Works funding in the Banyule budget 2015/2016 of $121,410 for re-sheeting works at Mirra Court and The Concord (to dead end) Bundoora, and $325,349 at The Concord – Grimshaw Street (to dead end) Bundoora.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED Councillor Phillips returned to the Chamber at 9:31 pm. 6.2 ADOPTION OF BUDGET FOR PERIOD 1 JULY 2015 TO 30 JUNE 2016

Dennis O’Connell and Murray Newman spoke on the item. EXECUTIVE SUMMARY

This report is presented for the adoption of Banyule’s Budget for 2015/2016 in accordance with the Local Government Act 1989. The budget is set in a manner that allows the resources of the community to be allocated prudently and delivers on Council’s efforts to achieve its Vision for the community of:

Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community.

The development of the Budget 2015/2016 is based on information gathered from extensive community consultation and industry best practice accounting standards. The Budget is developed and supported by current policy and responds in a direct way to the expressed needs of the community as outlined in the City Plan. Council is required to make informed decisions on behalf of its community for the sustainable governance of the municipality. These decisions are based on a sound, considered and prudent financial management basis. The setting of the budget, the levels of service provided, and the careful stewardship of the community’s assets are paramount in the establishment of this budget. The Budget 2015/2016 presented for adoption by Council (attached) incorporates consideration of public submissions to the exhibited proposed Budget at a Council Meeting on Monday, 25 May 2015. Commentary has been included in the Budget 2015/2016 to note that submissions supported by Council are to be funded during 2015/2016. The submissions to be funded include: 1. The Wellness Walk 2015 - Sponsorship Arrangements - $26,000 to be funded.

2. Environmental initiatives – $89,000 to be funded from the Environmental Reserve.

3. Continued financial membership of NORTH Link – $15,000 one off allocation and subject to key performance indicators (subject to a further report to Council and be agreed by Council at its meeting on 6 July 2015).



Council’s Budget 2015/2016 responds to the community priorities for Banyule as set out in the City Plan 2013-2017 (Year 3) and ensures the delivery of the right services in the right way in response to the community’s expressed needs. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City.

Councillor Di Pasquale left the Chamber at 9.50 pm. Councillor Di Pasquale returned to the Chamber at 9.52 pm. Resolution (CO2015/186)

Adoption of Budget 2015/2016

That:

1. Council having considered all submissions received and having complied with the requirements of sections 127, 129 and 130 of the Local Government Act 1989, adopt the Banyule City Council Budget 2015/2016 (Budget 2015/2016) as attached.

2. All submitters be advised Council has considered their submissions (as per the attached summary table) relating to the Budget 2015/2016, the submitters be advised of the outcome of the consideration as it relates to their specific submission, and they be thanked for their contributions.

3. Council give public notice of the adoption of the Budget 2015/2016

4. A copy of the Budget 2015/2016 be provided to the Minister for Local Government in accordance with section 130 (4) of the Local Government Act 1989.

Declaration of Rates and Charges

5. In accordance with sections 158 and 161 of the Local Government Act 1989, Council declare the Rates Levies and Annual Service Charges for the 2015/2016 rating year commencing 1 July 2015 and ending 30 June 2016 as follows:

5.1 Amount Intended to be Raised

An amount of $89,184,011 (or such other amount as is lawfully raised as a consequence of this Resolution), be declared as the amount which Council intends to raise by general rates, service charges and the municipal charge as follows:

General Rates $82,383,45 Municipal Charge $6,800,560

The service charges be in the sums as specified in Appendix D of the Council Budget 2015/2016.

5.2 General Rates

5.2.1 A general rate be declared in respect of the 2015/2016 Financial Year.

5.2.2 It be further declared that, consistent with the City Plan and having regard to the considerations outlined in the Budget for the 2015/2016 financial year, the general rate be raised by the application of differential rates.

5.2.3 A differential rate be respectively declared for rateable land having the characteristics specified below, which will form the criteria for each differential rate so declared:

5.2.3.1 Residential Vacant Land



Any land on which no dwelling is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes.

5.2.3.2 Commercial or Industrial Vacant Land

Any land on which no building is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes.

5.2.3.3 Commercial or Industrial Improved Land

Any land which is used, designed or adapted to be used primarily for commercial or industrial purposes.

5.2.3.4 Other Land (including Residential Improved Land)

Any land which is not residential vacant land, commercial or industrial vacant land or commercial or industrial improved land.

5.3 Each differential rate be determined by multiplying the Capital Improved Value (CIV) of each rateable land (categorised by the characteristics described in paragraph 5.2.3 of this Resolution) by the relevant percentages indicated in the following table:

CATEGORY %

Residential Vacant Land 0.344162% (or 0.00344162 cents in the dollar of Capital Improved Value)

Commercial or Industrial Vacant Land

0.446136% (or 0.00446136 cents in the dollar of Capital Improved Value)

Commercial or Industrial Improved Land


Other Land (including Residential Improved Land)


5.4 In accordance with Section 4 of the Cultural and Recreational Lands Act 1963,

the amount of rates payable in respect of each of the rateable lands to which that Act applies be the amounts fixed hereunder:

1 Vasey Street Ivanhoe $18,930.42

54 Cleveland Avenue Lower Plenty $16,242.90

8 Main Road Lower Plenty $34,691.49

540 The Boulevard Ivanhoe East $736.66 The amount in lieu of rates payable in respect of each rateable land to which the Cultural and Recreational Land rate applies is determined by multiplying the Capital Improved Value of that rateable land by 0.00214145.

6. Service Charges

6.1 Service charges be declared in respect of the 2015/2016 Financial Year.

6.2 Service charges be declared for the non-standard collection and disposal of refuse from or in respect of rateable land; and the collection and disposal of refuse from or in respect of non-rateable land.



6.3 The service charges be in the sums as specified in Appendix D of the Council Budget 2015/2016.

7. Municipal Charge

7.1 A municipal charge of $130.00 be declared in respect of the 2015/2016 financial year.

7.2 The municipal charge be declared for the purpose of covering some of the administrative costs of Council.

8. Interest Rate

Council will, subject to Section 172 of the Local Government Act 1989, require a person to pay interest on any rates and charges which:

that person is liable to pay;

have not been paid by the dates specified for their payment; and

Council will adopt a grace period and apply the penalty interest to be calculated on all unpaid rates and charges on the sixth business day following the gazetted due date for payment.

The penalty interest rate is 9.5% per annum as set by the Attorney-General under the Penalty Interest Rates Act 1983, effective from 1 June 2015.

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED PROCEDURAL MOTION

(CO2015/187) Resolution That the meeting be adjourned for a short break. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The meeting was adjourned at 10.01pm The meeting resumed at 10.12 pm Cr Rick Garotti did not return for the resumption of the meeting



6.5 ADDITIONAL PAID PARKING LOCATIONS

Roger Fyfe and Ian Murray spoke on the item. EXECUTIVE SUMMARY

Approximately $70,000 of savings were generated by the changes in the scope for the 2014/15 paid parking projects and a successful tender process for the supply and installation of ticket machines. This offers the opportunity to expand the paid parking systems in Banyule. The parking occupancy levels for 12 locations across the municipality have been assessed, with results showing high usage across most locations. The cost of the installation of paid parking systems in half of the locations can be covered using the savings from the 2014/15 paid parking projects. The remaining locations are estimated to generate sufficient revenue to cover the cost of installation within a 12-18 month period. The Heidelberg Car Parking Reserve has sufficient funds to cover the costs of installing paid parking systems at these locations. While it is appropriate to allocate revenue from paid parking systems into reserves for parking management, it is also appropriate that a portion of such revenue be allocated to General Revenue to provide for Council’s broader services. Therefore 33% of the paid parking system revenue is proposed to be allocated to General Revenue.


That Council: 1. Installs a paid parking system to operate weekdays between 8am and 5pm on Para

Road, Greensborough, at the south-east corner of the intersection with Main Street. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

2. a. Modifies parking restrictions along Poulter Avenue, Greensborough, adjacent to

the Poulter Avenue Reserve, to allow parking only on the east side of the road between 8am and 5pm on weekdays. b. Installs a paid parking system to operate weekdays between 8am and 5pm on the east side of Poulter Avenue, adjacent to the Poulter Avenue Reserve. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

3. Installs a paid parking system to operate weekdays between 8am and 5pm on Somers

Avenue, Macleod, adjacent to Macleod College. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

4. Installs a paid parking system to operate weekdays between 8am and 5pm on

Turnham Avenue, Rosanna, south of Station Road. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.



5. Installs a paid parking system to operate weekdays between 8am and 5pm on Station

Road, Rosanna, west of Grove Road, adjacent to the Station Road Reserve. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

6. Installs a paid parking system to operate weekdays between 8am and 5pm in the

existing on-street car parking area on the north side of Burgundy Street, Heidelberg, between Jika Street and Salt Creek. Initial parking fees to be $1 per hour, up to $5 per day, and to be managed in accordance with Council’s Rates and Charges.

7. a. Installs a paid parking system to operate weekdays between 8am and 4pm in the off-street car park in Heidelberg Park, Heidelberg. b. Reviews and upgrades as appropriate the lighting along the path from the Heidelberg Park car park to Rosanna Road. Initial parking fees to be $1 per hour, up to $5 per day, and to be managed in accordance with Council’s Rates and Charges.

8. Return the gravel area on the south side of Burgundy Street, opposite to Heidelberg Park, to parkland by eliminating access to vehicles and replanting the area. Costs to be covered with funds from the Parking Reserve.

9. Installs 2-hour parking restrictions to operate weekdays between 8am and 4pm, or a

paid parking system in the off-street car park on Warringal Park, Heidelberg. Initial parking fees to be $1 per hour, up to $5 per day, and to be managed in accordance with Council’s Rates and Charges.

10. Installs a paid parking system to operate weekdays between 8am and 5pm on the south-east side of Sherwood Road, Eaglemont, between Thoresby Grove and Studley Road. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

11. Installs a paid parking system to operate weekdays between 8am and 5pm on the east

side of Salisbury Avenue, Ivanhoe. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

12. Installs a paid parking system to operate weekdays between 8am and 5pm on the

south side of Norman Street, Ivanhoe, between Noel Street and Marshall Street. Initial parking fees to be $1 per hour, up to $5 per day, to be managed in accordance to Council’s Rates and Charges.

13. Set all paid parking fees across the municipality for the 2015/16 financial year as up to

$10/day and/or up to $5/hour.

14. Authorises the purchase of ten parking ticket machines to be installed throughout the Municipality in the 2015/16 financial year utilising the savings from the 2014/15 Capital Works Projects related to paid parking systems in Heidelberg.

15. Authorises the use of available funds in the Parking Meter Reserves for the installation

of paid parking systems in the locations approved.

16. Transfers annually 33% of the profits (revenue minus operating expenses) of paid parking systems into Council’s Main Revenue Account.



17. Notifies the relevant traders associations and sports clubs of the relevant paid parking

system in the vicinity of their respective activity centre or sporting club location. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon Cr Tom Melican foreshadowed an amendment to the motion, Seconded by Cr Wayne Phillips That the item be deferred. The motion was put LOST The former motion became the substantive motion and was put CARRIED 4.4 PROPOSED APARTMENT BUILDING AT 13-17 CARTMELL STREET HEIDELBERG

Stephen Coleiro, Allan Savige, Catherine Nassios, Alexandra Tighe, Anne Rae, Bronwyn Stubbs and Rosanna DeMarco spoke on the item. Councillor Phillips left the Chamber at 11.44 pm. Councillor Phillips returned to the Chamber at 11.46 pm. Councillor Mulholland left the Chamber at 11.46 pm. Councillor Mulholland returned to the Chamber at 11.51 pm. Councillor Briffa left the Chamber at 12.12 am. Councillor Briffa returned to the Chamber at 12.14 am. EXECUTIVE SUMMARY

Council resolved at its meeting of 9 June 2015 to defer its decision on this application subject to a consultation meeting being held on 17 June. This meeting was scheduled and all objecting parties were subsequently invited to attend. Council officers will present feedback on outcomes from this meeting at the Council meeting on 22 June 2015. The applicant, Cartmell Street Joint Venture, seeks to build a five story building plus basement, with 66 one and two bedroom apartments. The building is attached at the basement and is then separated into two distinct forms; the separation between buildings increases with height. Car parking is provided in a basement accessed from Cartmell Street. All resident parking is provided on-site, however a reduction of five (5) visitor car spaces is required. There is no significant vegetation on the site. The design of the building provides a positive response to the intentions of the DDO5 however there is a variation to the preferred overall building height and height of the podium façade. The variation is supported because:

Due to the slope of the site the building will have a maximum height of 16.5m above street footpath level. This is only 3.5m higher than the 13.0m suggested for Precinct Plan 3 at section 8 of the DDO5.

The upper two levels are well recessed from all sides of the building and occupy only the central part of the overall site.



The building setbacks are considered to be responsive to the streetscape and abutting land uses.

A comprehensive assessment has been made with regard to topography and public views of the Burgundy St valley. The overall height of the building will not significantly impact views of the valley.

The modest shortfall in visitor car parking is also considered acceptable given the location of the site within walking distance of the Heidelberg Train Station, Smart Buses along Burgundy St and adjoining public car park. There is however substantial community interest in this proposal with 38 objections received. The majority of these objections are from surrounding properties in Cartmell, Hawdon, and Darebin Streets. It is recommended that the application is approved with appropriate conditions.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P1345/2014 for Multiunit development - 62 Apartments and a reduction in the standard number of car spaces required at 13 -17 Cartmell Street HEIDELBERG, subject to the following conditions: Plans 1. Before the development permitted by this permit starts, amended plans to the

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

(a) Increase the height of the boundary fence at the rear of No. 3/98 Hawdon Street from 1.7m to 1.9m;

(b) Replacement of the horizontal overlooking ledge on the south elevation of the

balconies of APT E1.7 and APT E1.8 with a 1.7m high vertical screen (material type 10 as per materials legend with 25% transparency);

(c) Provision of a 1.7m high vertical screen on the south elevation of balconies of APT

W1.6 and APT W1.7 and on the south and east elevation of the balcony of APT W1.8 (material type 10 as per materials legend with 25% transparency);

(d) Provision of a 1.7m high vertical screen to the south elevation of the balcony of

APT E2.7 (material type 10 as per materials legend with 25% transparency); (e) Provision of a permanent planter box to the protruding line of the balconies (face of

which is 6.7m from the south boundary) of APT’s W2.5, W2.6, W2.7; the planter box will have an overall width of 900mm (outside face to outside face);

(f) Provision of an 800mm wide horizontal shelf to the inside line of the west facing

balconies on the fourth floor that are at 3.0m from the western boundary;



(g) Provision of pergola battens to the grow frame below the west facing balcony of APT W4.2 which is 4.5m from the west boundary and 600mm from the external wall face;

(h) Clarification of the ‘open’ notation on the rear elevation at basement level;

(i) Car park level fenestration treated to prevent overlooking towards the south and the west Use Standard B22 of Clause 55 as guidance;

(j) Architectural implementation of the recommendations of the Noise Assessment required by Condition 18 of this permit;

(k) Alternative basement arrangement providing an additional level creating a total of 81 car parking spaces including no less than 7 visitor car spaces provided in an “on grade” layout and no more than 12 resident spaces provided through the provision of “dependent” stackers;

(l) Landscaping as required by Condition 2 of this permit; (m) Engineering plans showing a properly prepared design with computations for the

internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including:

(i) The use of an On-site Stormwater Detention (OSD) system;

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

(iii) The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

(iv) The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan.

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

(n) The Tree Preservation Fencing in accordance with Condition 26 of this permit;

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

(p) Annotation as to how corridors will be ventilated - preferably naturally;

(q) The location and sizing of the heat recovery ventilators to be indicated and

annotated on the plans;

(r) A minimum of 12 of the dwellings designed and annotated to meet the Banyule Council Liveable Housing Guidelines (available on Council website);

(s) The location and sizing of any photovoltaic power generation systems; and,

(t) All sustainable design features indicated in the submitted Sustainability

Management Plan submitted with the application. Where sustainable design features outlined in the SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for



heating/cooling systems and plumbing fittings and fixtures, etc). This must include water tanks with an effective capacity of 30 000L, plumbed to at least 27 bathrooms as outlined on page 26 the SMP.

2. The development permitted by this permit must not be commenced until a satisfactory

detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and be generally in accordance with the Landscape Concept Plan by CCA Design Group submitted with the application (dated November 2014) but expanded to include a plan for vegetation at each level, and shall include:

(a) An indigenous and/or drought tolerant planting theme; (b) A schedule of all proposed trees, shrubs and ground cover, which includes the

location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

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

(d) Garden beds for the majority of balcony edges that are integrated in to the building structure in order that greenery of each façade is provided. Climbing plants on trellis structures are encouraged to maximise a ‘green façade’.

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

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

4. Before the development permitted by this permit starts, all lots comprising the subject

land must be consolidated into one lot under the Subdivision Act 1988. 5. Unless otherwise agreed in writing by the Responsible Authority the development

permitted by this permit must not be commenced until:

(a) The tree protection measures required by Condition 26 are installed to the satisfaction of the Responsible Authority.

6 Unless otherwise agreed in writing by the Responsible Authority the development

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

Section 173 agreement 7 Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works the owner/s of the land at 13-17 Cartmell St Heidleberg must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority. Such agreement shall require that all waste collection from the land will be carried out by a private waste collector in accordance with the Waste Management Plan endorsed as part of Planning Permit P1345/14.

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



8. The waste bin area must be provided prior to the occupation of the development permitted by this permit, maintained and used to the satisfaction of the Responsible Authority and must not be used for any other purpose.

Urban Design / External Appearance 9. The walls of the development on the boundary of adjoining properties must be cleaned

and finished in a manner to the satisfaction of the Responsible Authority. 10. Any air-conditioning or cooling units, condensers and the like must not be located on

external walls or on balconies without the prior written consent of the Responsible Authority.

11. All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the

site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.

12. All telecommunications and power connections (where by means of a cable) and

associated infrastructure to the land must be underground to the satisfaction of the responsible authority.

Graffiti prevention measures

13 Any walls or spaces accessible to the public must be treated in accordance with Safer

Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the responsible authority:

(a) textured or rough services that make it difficult to apply graffiti;

(b) permeable fencing instead of solid walls;

(c) buildings with high-density, low absorbency materials;

(d) anti-graffiti coating to protect the surface when building or revitalising the walls (including façade);

(e) sensor lighting and/or enhanced surveillance to deter graffitists;

(f) the break up of large surfaces to minimise the canvas available for graffitists; and

(g) measures to make surfaces less liable to graffiti. 14. The permit holder/occupier must promptly remove or obliterate any graffiti on the subject

site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the responsible authority

Environmentally Sustainable Design

15. All works must be undertaken in accordance with the endorsed Sustainability

Management Plan (SMP) and STORM report prepared by Northern Environmental Design, dated 28 May 2014 to the satisfaction of the Responsible Authority. No alterations to the SMP may occur without prior written consent of the Responsible Authority.

16. Prior to the occupation of any dwelling approved under this permit, a statement from the author of the SMP report, approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The statement must confirm that all measures specified in the SMP have been implemented in accordance with the approved plan to the satisfaction of the Responsible Authority.



Bicycle Parking

17. Unless otherwise agreed in writing, three bicycle hoops providing secure lock up parking

for 6 bicycles are to be provided to Council satisfaction within the road reserve (nature strip) in front of the site in proximity to the building entrances.

Noise Assessment 18. A Noise Assessment prepared by a suitable qualified person or company must be

provided to Councils satisfaction. This report must take account of all noise associated with the use of the basement car park including noise resulting from use of the vehicle stackers. Noise impacts on abutting dwellings is to included and recommendations for any preventative structural measures to reduce noise transfer must be included.

Construction Management Plan 19. Before the development starts, a construction management plan must be prepared and

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

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

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

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

(d) site security;

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

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

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

(h) cleaning and maintaining surrounding road surfaces;

(i) measures to maintain access for pedestrians and road users along Cartmell Street and the adjoining Council Car Park during construction; and

(j) compliance with Banyule City Council General Local Law No. 1 (2015) Car Parking / Access 20. Areas set aside for the parking of vehicles together with the aisles and access lanes

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

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

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

22. The boundaries of all car spaces, access and egress lanes and the direction in which

vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.



23. Vehicular access or egress to the subject land from any roadway or service lane must

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

24. Unless otherwise agreed in writing, prior to the commencement of the development

hereby approved, a Car Park Management Plan must be prepared and approved to the satisfaction of the Responsible Authority. Such a plan must clearly identify, although is not limited to outlining:

(a) Unless otherwise agreed in writing, parking must be allocated as follows:

(i) 1 space to each dwellings.

(ii) 4 spaces for visitor parking.

(b) Details of any warning light / boom gate systems etc. to control and manage the movement of vehicles to and from the basement.

(c) Where storage enclosures are provided at the end of a car space, the enclosure must be allocated to the dwelling that has been allocated the car space.

(d) Details as to how the following matters will be brought to the attention of prospective purchasers:

(i) That occupants of the dwellings on the land have no entitlement to on-street or off-street parking by way of a resident vehicle parking permit.

Tree Protection / Landscaping 25. Except with the further written consent of the Responsible Authority, no vegetation

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

26. Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works (including demolition) on the site Tree Preservation Zones must be established around the Street trees. You must contact Council’s Development Planning Arborist on 9457 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements:

(a) Extent

Tree Preservation Zones are to be provided to the extent of the canopy of the street trees (within the nature strip) indicated as being retained on the endorsed plan

(b) Weed control

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

(c) Fencing

(i) Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or



like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

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

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

(d) Signage

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

(e) Irrigation

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

(f) Access to Tree Preservation Zone

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

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

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

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

NOTE:

Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

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

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

27. Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas

shown on the endorsed plans must used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Time Limits 28. In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

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

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



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

(a) Before the permit expires, or

(b) Within six months afterwards, or

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

PERMIT NOTES (A) Expiry of Permit

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

(B) Additional approvals required

Building Permit Required

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

Building over Easements

No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

Access to Council Reserve

No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve and Council carpark) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit).

Supervision of works undertaken on Council Assets

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

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

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

Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.



Removal of Street Tree

For the required process and any information concerning the removal of a street tree, enquiries should be directed to Banyule Tree Care Department.

(D) Action on/for completion

Completion of Development

Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

Residential Noise (/air-conditioning unit/vacuum unit etc)

The operation of the (/air-conditioning unit/vacuum unit etc) shall comply with the Environment Protection (Residential Noise) Regulations 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property).

(E) Previous Planning Approvals

This Planning Permit must be read in conjunction with previous permits that may affect the site.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon Cr Jenny Mulholland moved an amendment to the motion, Seconded by Cr Tom Melican That the following addition be inserted: A new point , 1(a) to read: 1 (a) Deletion of the third and fourth level The remaining sub conditions be renumbered accordingly with the former point (k) now point (l) to read:

(l) Alternative basement arrangement providing an additional level creating a total of 65 car parking spaces including no less than 6 visitor car spaces provided in an “on grade” layout and no more than 12 resident spaces provided through the provision of “dependent” stackers;

The motion was put LOST The former motion became the substantiative motion and was put CARRIED



2. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

2.1 YULONG RESERVE - HIGH PROTECTIVE FENCING

EXECUTIVE SUMMARY

The Bundoora Football Club and surrounding residents have identified concerns regarding personal injuries and property damage sustained from footballs entering the footpath and roadway on Bent St, Bundoora and into surrounding properties behind the goals at the northern end of Yulong Reserve. A risk assessment of the potential injury and liability exposure has been conducted. As a result, the installation of protective fencing at each end of the reserve is being recommended. It is further recommended that all adjacent property owners be notified prior to installation, advising residents of Council’s intention to install the additional fencing and explain the reason for the decision. Given the urgency of the matter, officers recommend an allocation of $35,000 from Council’s current budget to complete the proposed works as soon as possible.


That Council: 1. Allocate $35,000 from surplus funds within the 2014/15 financial year to erect a black

chain-wire fence (30m long x 6.1m high) behind the goal posts at each end of the Yulong Reserve Oval.

2. Write to all adjacent property owners prior to installation, notifying residents of Council’s intention to install the additional fencing and providing an explanation of the reason behind the decision.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale CARRIED

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Nil

4. PLANET – ENVIRONMENTAL SUSTAINABILITY

4.1 MARSHALL STREET, IVANHOE - PROPOSED CHILDREN'S CROSSING

EXECUTIVE SUMMARY

Community concern was raised in relation to the safety of the informal crossing point in Marshall Street, Ivanhoe. Investigations were undertaken and the construction of a children’s crossing and appointment of a crossing supervisor is warranted at this location, adjacent to Ivanhoe Girls Grammar School. The school has expressed their support for the installation of the crossing and willingness to



contribute to the project financially. The overall cost of the project will be defined following further investigations and discussions with the school. The provision of a permanent crossing supervisor is estimated to cost Council approximately $10,000 per year.


That Council: 1. Develop a draft concept plan for a children’s crossing in Marshall Street, Ivanhoe and

seek a funding contribution for its installation from Ivanhoe Girls Grammar School.

2. Consider allocating funds within future Capital Works budgets for the design and construction of a children’s crossing in Marshall Street, Ivanhoe adjacent to Ivanhoe Girls Grammar School.

3. Following any installation of a children’s crossing in Marshall Street, Ivanhoe:

a. Fund the provision of a school crossing supervisor; and b. Include the children’s crossing in future funding submissions for the VicRoads’

Crossing Supervisor Subsidy Scheme; and 4. Write to Ivanhoe Girls Grammar School advising Council’s decision.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 4.3 METROPOLITAN PLANNING LEVY AND PLANNING APPLICATION FEES

EXECUTIVE SUMMARY

In the 2014 State Budget a Metropolitan Planning Levy (MPL) was introduced and will commence on 1 July 2015. The levy will apply to planning permit applications for projects valued at more than $1 million in 2015/16 in the Melbourne metropolitan area. Permit applicants will need to verify whether the levy applies to their development. If required the levy is to be paid directly to the State Revenue Office who will issue them with a MPL certificate, this certificate is to be lodged with the planning permit application. Where the levy is applicable Council cannot accept an application without a levy certificate. The State Government indicates that the levy will support funding for the Metropolitan Planning Authority and the implementation of Plan Melbourne and is in addition to the planning permit application fees collected by Council. Planning permit application fees have not been increased since 2009 and continued advocacy to the State Government with the support of the Municipal Association of Victoria (MAV) and other Councils is needed to push for an increase.

Councillor Di Pasquale left the Chamber at 12.40 pm. Resolution (CO2015/192)

That Council: 1. Note the Metropolitan Planning Levy introduced in the 2014 State Budget effective as

of 1 July 2015.



2. Advocate for a proportion (at a minimum of 50%) of the Metropolitan Planning Levy to

be provided directly to Municipal Councils to enable them to undertake planning for their local areas.

3. Write to the Minister for Planning, Opposition spokesperson for Planning and Local

State Members of Parliament requesting immediate action to increase planning permit fees and an apportionment of the Metropolitan Planning Levy for local Councils and that the proposed levy does not impact on the request for increased Planning fees.

4. Write to the Municipal Association of Victoria and neighbouring Councils advising of

this decision and seeking their ongoing action in advocating for increased planning permit fees and an apportionment of the Metropolitan Planning Levy for local Councils.

5. Submit a Motion to the MAV State Council Meeting in October 2015 requesting at least

50% of the proposed Metropolitan Planning Levy fees be returned to each Council.

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED

Councillor Di Pasquale returned to the Chamber at 12.41 pm.

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.3 45 SIMMS ROAD MONTMORENCY - PROPOSED LICENCE - LAND ADJACENT TO MONTMORENCY SECONDARY COLLEGE

EXECUTIVE SUMMARY

Council’s 2014/2015 Capital Works Budget provides project funding for the upgrading and realignment of a section of the Plenty River Trail (Trail) which is currently underway. During the planning phase of this project it was identified that part of the Council land known as 45 Simms Road Montmorency had been fenced within the boundary of, and occupied by, the Montmorency Secondary College (School). Following recent discussions with the School Principal and the Department of Education, a Licence has been prepared to formalise this arrangement with the Minister administering the Education and Training Reform Act 2006 (Minister). It has also been identified that access to the Trail, at the end of Simms Road, could be enhanced. However, this area of land is not Council-owned land. A similar mechanism to formalise use and occupation could be facilitated by Council entering into a separate licence agreement with the Minister in relation to that part of the School land required to enhance the access to the Trail. The purpose of this report is two-fold. Firstly, for Council to consider ratifying the proposal to enter into the Licence with the Minister to formalise and facilitate the School’s continued occupation of 441m2 of the Council land; and secondly, for Council to consider entering into another Licence with the Minister with respect to the School land which would enable Council to enhance public access to the Trail.



6.3 45 SIMMS ROAD MONTMORENCY - PROPOSED LICENCE - LAND ADJACENT TO

MONTMORENCY SECONDARY COLLEGE CONT’D


That Council: 1. Authorise officers to continue negotiations with the Department of Education and the

Principal of the Montmorency Secondary College (School) with a view to reaching an “in principle” agreement for Council to enter into a Licence with the Minister administering the Education and Training Reform Act 2006 (Minister) to facilitate better access to the Plenty River Trail at the end of Simms Road Montmorency.

2. Ratify the Licence between Council and the Minister in relation to 441m2 of Council

owned land known as 45 Simms Road Montmorency enclosed within the fence line of the School by resolving to affix its common seal to the Licence.

Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED 6.4 COMMONWEALTH FINANCIAL ASSISTANCE GRANTS

EXECUTIVE SUMMARY

Financial Assistance Grants are an important untied payment to councils from the Australian Government which are invested in essential community infrastructure and services ranging from local roads and parks to swimming pools and libraries. It is important that the level of funding provided to councils is adequate to ensure infrastructure and services are provided at a reasonable level in all communities. Financial Assistance Grants funding is not currently keeping pace with demand for services and infrastructure in local communities and the freeze of indexation will worsen this. Freezing Financial Assistance Grants at their current level until 2017-18 will result in a permanent reduction in the Financial Assistance Grants base by 13%. The Australian Local Government Association (ALGA) has called for Financial Assistance Grants indexation to be restored immediately and for the Federal Government to consider the adequacy of the quantum of Financial Assistance Grants and the indexation methodology in the future. ALGA is also calling on the local government sector to join the advocacy campaign to maintain Financial Assistance Grants by having each Council pass a resolution acknowledging the importance of the Grants program and commit to highlighting the receipt of grants received from the Commonwealth in media releases and Council publications so that the importance and impact of the grants can be more broadly appreciated. Resolution (CO2015/194)

That Council: 1. Acknowledges the importance of Federal funding through the Financial Assistance

Grants program for the continued delivery of Councils’ services and infrastructure; 2. Acknowledges that in 2014 -15, Banyule Council has received $4,553,241 (General



Purpose - $3,769,119 and Local Roads - $935,557) through the Commonwealth Financial Assistance Grants Program; and

3. Ensure that this Federal funding and other funding provided by the Federal

Government, under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council’s publications, including Annual Reports.

4. Write to Australian Local Government Association (ALGA) confirming Councils advocacy to its Community on this matter and that ALGA continue to advocate on behalf of the Local Government Sector.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED 6.6 SUMMARY OF 2015 BANYULE COMMUNITY SATISFACTION SURVEY RESULTS

EXECUTIVE SUMMARY

This report presents a summary of highlight findings from the Office of Local Government 2015 State Wide Community Satisfaction Survey. The report summarises the key overarching results of the Survey and Council’s relative performance against Metropolitan and State-wide benchmarking. Council’s overall performance for 2015 has been very positive with an increased result in eleven (11) performance areas since 2014.


That Council: 1. Note the summary report on Banyule’s results from the 2015 Local Government

Community Satisfaction Survey; and. 2. Publish the 2015 Community Satisfaction Survey Results report for Banyule on

Council’s website.

Moved: Cr Mark Di Pasquale Seconded: Cr Craig Langdon CARRIED 6.7 COMMUNITY CHEF - OFFER OF ADDITIONAL SHARES IN REGIONAL KITCHEN

EXECUTIVE SUMMARY

In 2007, Banyule Council joined a number of other Victorian Councils to form a business enterprise to produce delivered meals under the Home and Community Care (HACC) program for eligible residents.

A regional kitchen was developed and two (2) joint venture companies were formed:

RFK Pty Ltd trading as Community Chef, (the production company)

Regional Kitchen Pty Ltd, (the land and building company).

Shareholding is limited to local government and Banyule is a current shareholder in both companies.



Council has been offered an option to purchase an additional twenty (20) or part there of shares in the Regional Kitchen Pty Ltd (which is part of Community Chef). The purchase price of each share is $18,000 with a potential total cost of $360,000. Regional Kitchen's position of financial strength is underpinned by its land, building and plant asset base, however , cash flow and capacity to repay loans is dependent on Community Chef's top line meal orders and bottom line profitability.

The 2014/15 budget was its sixth since Community Chef commenced production in November 2010. The forecast 14/15 year end sales of $9.84M are $1.46M below the budget of $11.3M for the full year and are a further $800,000 less than that achieved in the 2013/14 year. Council needs to ensure that any additional investment will continue to perform at the growth of the existing shares in the future. This is uncertain at this time and with the current environment of rate capping, committing to the allocation of unbudgeted funds would not be advisable unless the long term investment benefit was established.


That Council not purchase any additional shares in the Regional Kitchen at this time.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 6.8 COUNCILLOR REPORT ON CONFERENCES ATTENDANCE

EXECUTIVE SUMMARY

In accordance with the Councillors Resource, Expense and Entitlements Policy, Councillors are required to report on their attendance at any interstate or overseas conferences or visits. The ALGWA Biennial Conference – Step Up & Top Up and Beyond the Walls Public Library Tour was recently held in Adelaide, accordingly a report has been prepared providing feedback from the Councillors who attended. Resolution (CO2015/197)

That the Councillor Report on Attendance at Conference/Visit Requiring Interstate or Overseas Travel regarding the ALGWA Biennial Conference – Step Up & Top Up on 26 – 28 March 2015 and Beyond the Walls Public Library Tour held in Adelaide on 25 March 2015 be noted.

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



6.9 ITEMS FOR NOTING


That Council note the following minutes/reports: 1. Banyule Environmental Advisory Committee May 2015 Notes.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland CARRIED 6.10 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: 13 May 2015

Type of Meeting: Banyule Environmental Advisory Committee

Matters Considered: Environmental Sustainability Grants 2014 Update (FA)

Integrated Transport Plan Update

ESD Tour of Ivanhoe Aquatic

Council Draft Budget – Implications

State Budget and its implications for Local Government

Councillors Present: Steven Briffa

Craig Langdon

Staff Present: Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Fleur Anderson – Environmental Officer Arun Chopra – Manager Capital Projects

Others Present: John D’Aloia Alan Leenaerts – Geelong Performing Arts Centre Representative Denise Fernando Maree Keenan Peter Castaldo



Johnathan Thom

Conflict of Interest: Nil

2 Date of Assembly: 25 May 2015

Type of Meeting: Victorian Cross Estate Macleod – Workshop No.2

Matters Considered: Victoria Cross Estate – Improving recognition project consistent with Council Report 23 March 2015.

Councillors Present: Steven Briffa Craig Langdon Tom Melican Jenny Mulholland

Staff Present: Michael Hutchison – Strategic Property Projects Manager

Others Present: Nil


3 Date of Assembly: 1 June 2015

Type of Meeting: Councillor Briefing

Matters Considered: Garage Sale Trail – Presentation by Megan McLean and Andrew Valder on the Program

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

Staff Present: Scott Walker – Director City Development Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Gina Burden – Acting Director Corporate Services

Others Present: Megan McLean Andrew Valder



Type of Meeting: Lesbian Gay Bisexual Transgender Intersex (LGBTI) Advisory Committee

Matters Considered: IDAHOT (International Day Against Homophobia and Transphobia) Celebrations

LGBTI Plan and Proposed Budget

Summary of Survey on Year 1 of the Committee

Advocacy Issues Councillors Present: Craig Langdon



Jenny Mulholland

Staff Present: Lisa Raywood – Manager Health & Aged Services India Mortlock – Community and Social Planner

Others Present: Meaghan Holden Sharelle Rowe Vita Catalano Nicole Coad Rachel Jovic Karen Joy Mccoll



Type of Meeting: Councillor Briefing

Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 9 June 2015 (excluding confidential items) as listed below:

2.1 Olympic Village Learning Hub - Olympic Neighbourhood House

2.2 Victorian State Disability Plan - Council Submission 4.1 Draft Banyule Integrated Transport Plan 4.2 Ivanhoe Grammar School Development Plan 2015-

2021 4.3 North East Link - Quarterly Report 4.4 Proposed nine to ten storey mixed use building at 4-6

Flintoff Street, Greensborough 4.5 Draft Heidelberg and Bell Street Mall Parking Plan 4.6 Update on the Neighbourhood Residential Zone 4.7 Banksia Redevelopment Site and Banksia

Community Stadium Precinct Project Update (Former Banksia Secondary College)

4.8 Proposed apartment building at 13-17 Cartmell St Heidelberg

4.9 Planning Scheme Amendment C93 - Ivanhoe Activity Centre

5.1 Scheduled Special Council Meeting for 22 June 2015 - change to Ordinary Council Meeting

6.1 Review of Opportunities for Advertising Signs on Council Land

6.2 Carbon Tax Repeal Assessment 6.3 Additional Paid Parking Locations 6.4 Items for Noting 6.5 Assembly of Councillors 6.6 1 Kalparrin Avenue Greensborough - New Lease -

Commence statutory procedures 7.1 Sealing of Documents 8.1 Request Meeting with the Minister for Local

Government

Councillors Present: Craig Langdon Tom Melican Jenny Mulholland



Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Allison Beckwith – Director Community Programs Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Gina Burden – Acting Director Corporate Services Vivien Ferlaino – Coordinator Governance James Kelly – Manager Assets & Infrastructure Joel Elbourne – Manager Urban Planning & Building Joseph Tabacco – Manager Property & Economic Development Andy Wilson –Planning Team Leader Bailey Byrnes – Transport Planning Team Leader David Bailey – Engineering Services Coordinator

Others Present: Nil



Type of Meeting: Banyule Environmental Advisory Committee

Matters Considered: Council Draft Budget – Update

State Budget and its implications for Local Government

Divestment Update

Environmental Sustainability Grants 2015 – Review Guidelines

Change Makers Event – Evaluation Role for BEAC members

Integrated Transport Plan

Councillors Present: Steven Briffa Craig Langdon

Staff Present: Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Fleur Anderson – Environmental Officer

Others Present: John D’Aloia Alan Leenaerts – Geelong Performing Arts Centre Representative Denise Fernando Maree Keenan Peter Castaldo Johnathan Thom Matt Hall Kate Roberts





That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED

7. SEALING OF DOCUMENTS

Nil

8. NOTICES OF MOTION

8.1 CAP ON NUMBERS OF ELECTRONIC GAMING MACHINES

Cr Steven Briffa submitted a notice of Motion


That Council investigate the: 1. options, process and capacity for introducing a municipal cap for Electronic Gaming

Machines for the whole of Banyule.” 2. merits of inclusion of the Banyule Electronic Gaming Machine Policy within the Banyule

Planning Scheme including consideration of the suitability of the policy for the Planning Scheme, the cost, time involved, likely success in amending the Scheme and subsequent likely effectiveness of the policy.”

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED 8.2 RAIL LINK TO DONCASTER

Cr Craig Langdon submitted a Notice of Motion


1. “That Council write to the Premier, Minister for Public Transport and all local members strongly advocating for a rail link to Doncaster as part of the proposed Alphington Paper Mills development.

The letter should indicate that as the State Government has already committed to a new bridge at the Chandler Highway and the grade separation of the Grange Road railway crossing, it would also be appropriate for the State Government to consider reopening the Fairfield Railway spur, create a station at the former paper mills and continue the railway line along the freeway to Doncaster Shopping Town.”

2. “That Council write to the Mayor & Councillors of the Cities of Manningham, Darebin

and Yarra seeking their support for this proposal. If all are supportive a meeting be arranged with the Mayors and CEOs of the Councils to co-ordinate our advocacy and to arrange a meeting with the Minister for Public Transport.”



3. “All local Federal and State Members of Parliament be advised of this resolution.”

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED 8.3 SIMPSON BARRACKS

Cr Craig Langdon & Cr Mark Di Pasquale submitted a Notice of Motion


“That Council write to the Federal Minister for Defence, the Victorian Treasurer and all local Federal and State Members of Parliament, advising that: 1. Council strongly oppose any future development of land within the Simpson Army

Barracks precinct for residential and affordable housing purposes. 2. While Banyule Council fully supports affordable housing, it firmly believes that the

Simpson Barracks should remain for the Defence Forces and any addition housing should only be for the defence personnel and their families.

3. Any surplus land within the Simpson Barracks precinct is natural bushland and acts as

a wildlife corridor. Any development of this land could therefore compromise the security of the barracks and greatly damage the native bird and wildlife.”

4. Write to all local residents in the surrounding area south of Harborne Street and Warralong Avenue, east of Yallambie Road and north of Lower Plenty Road in the ward Councillor and Mayor’s name”.

Moved: Cr Mark Di Pasquale Seconded: Cr Craig Langdon CARRIED

9. GENERAL BUSINESS

.9.1 IVANHOE GIRLS GRAMMAR CONFUCIUS LEARNING CENTRE

Cr Jenny Mulholland congratulated Ivanhoe Girls Grammar on their Confucius Learning Centre in relation to the work they are undertaking.

9.2 CR STEVEN BRIFFA LEAVE OF ABSENCE

Cr Steven Briffa advised he will be away for the next three weeks. He will be travelling to Timor-Leste and volunteering at the Dominican Sisters Farm Project at Hera.



Closure of Meeting

The Meeting was closed at 12.52am.

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

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