Banyule Council 16 December 2013 Minutes

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2013 1

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

16 December 2013 commencing at 7.45pm

MINUTES

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

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

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

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

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

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

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

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

1.1 Redevelopment of the Former Haig Street Primary School Site in the Olympia Ward ......................................................................................................... 4

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 5

2.1 Audit Report of Sporting Clubs use of Sporting Grounds and Facilities ................... 5

3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 5

3.1 State of the Environment Report 2012-2013 .......................................................... 5

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 6

4.1 Carmichael Street, East Ivanhoe - Speed and Volume Concerns ........................... 6 4.2 Permanent Planning Controls for Substantial Trees in Banyule's Garden

Suburban and Garden Court Neighbourhoods ........................................................ 7 4.3 North East Road Link - Quarterly Report ................................................................. 7 4.4 Ivanhoe Grammar School - Selection of Resident Interest Group ........................... 8 4.5 44 Turnham Avenue Rosanna ................................................................................ 8 4.6 Ivanhoe Structure Plan Planning Scheme Amendments ...................................... 11 4.7 Multi Unit Development and Vegetation Removal at 113 Rattray Road,

Montmorency ........................................................................................................ 11

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 17

5.1 Renaming part of Heidleberg Heights ................................................................... 17 5.2 Chelsworth Park Lease ......................................................................................... 18 5.3 Ward Fund Allocations .......................................................................................... 19 5.4 Proposed Suburb Boundary Realignment, Heidelberg to Eaglemont .................... 21

MINUTES ORDINARY MEETING OF COUNCIL 16 DECEMBER 2013

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2013

6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 21

6.1 Operating Financial Report for Period Ended 31 October 2013 ............................ 21 6.2 Councillor Motions - Status Update ....................................................................... 22 6.3 Assembly of Councillors ........................................................................................ 22 6.4 Councillor Report on Conferences Attendance .................................................... 26

7. SEALING OF DOCUMENTS ......................................................................................... 26

7.1 Sealing of Documents ........................................................................................... 26

8. NOTICES OF MOTION .................................................................................................. 27

8.1 Extension of Trial Community Engagement and Information Sharing Program ..... 27 8.2 Appreciation Greensborough Historical Society .................................................... 27 8.3 Traffic Volume Increase - East West Freeway Project .......................................... 28

9. GENERAL BUSINESS .................................................................................................. 28

9.1 Thanks to Staff ...................................................................................................... 28 9.2 Carols by Candlelight ............................................................................................ 28 9.3 Movies in the Park ................................................................................................ 28

10. URGENT BUSINESS ..................................................................................................... 28

10.1 Emergency Funding Support - 88.6 Plenty Valley FM ........................................... 28 10.2 Coles Carpark Ivanhoe Lease - 14 Livingstone Street .......................................... 29

CLOSURE OF MEETING TO THE PUBLIC ......................................................................... 29


These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 25 December 2013 3

EXTENSION OF PUBLIC FORUM

(CO2013/430) Resolution That the Public Forum be extended until 8.05pm. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED The Meeting opened at 8.05pm.

The Mayor’s Acknowledgement of the Wurundjeri People

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

Present

Mayor Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, 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 2 December 2013

Moved: Cr Rick Garotti Seconded: Cr Tom Melican CARRIED

Disclosure of Interests

Cr Rick Garotti declared an Indirect Conflict of Interest in item 8.3 being he has conflicting duties due to his employer providing advisory services to East West Link.

Presentation

Nil



1. PETITIONS

1.1 REDEVELOPMENT OF THE FORMER HAIG STREET PRIMARY SCHOOL SITE IN THE OLYMPIA WARD

Miss Ava Fisher, Mr Matthew Keenan and Mr Shaun Macleod spoke on the item

A petition with 225 signatures has been received from residents in the Heidelberg Heights area. In addition, a related petition with 49 signatures has been received from children and young people in the Heidelberg Heights area. The petition prayer from residents in the Heidelberg Heights area is as follows: Banyule City Council is placing 32,000 square metres up for tender for development for medium density housing at the Haig Street Primary School site. There are currently no plans for retention of open space by the council, nor considerations for increased traffic in the surrounding roads. The project funds the Bellfield basketball refurbishment at the expense of the Heidelberg Heights neighborhood. We therefore request Banyule Council to: 1. Include a replacement park as part of any redevelopment of the Haig St Primary School

site. Any open space minimum requirements should be provided in the form of land rather than dollars. We believe that out of a 32,000 square meter site, 3,000 square meters is a reasonable request for open space and that the park should be accessible from both Haig and Bonar Streets.

2. That the surrounding blocks receive an upgrade to traffic controls such as speed bumps

and curves to keep our streets safe, particularly for children.

Resolution (CO2013/431)

That:

1. Council receives and notes the petition.

2. Council confirms its commitment to provide for regional and local recreational facilities including a new basketball/netball facility at the former Banksia Secondary School site.

3. Council adopts the open space proposal attached to this report on the basis that the cost impact is minimised by utilising the land set aside for the Elliott Street extension (1459m²) and an adjoining area of developable land (941m²) to the east providing a total open space area of 2400m².

4. Council establishes the public open as soon as possible with design and layout to be prepared prior to June 30th, 2014.

5. That council confirms that the future zoning be residential growth zone.

6. That a detail design of traffic management treatment incorporating traffic calming devises and beautification of the area in front of the shops on Haig Street also be prepared prior to June 30th 2014.

7 . That a further traffic management options be considered in adjoining streets to the former school site in response to the proposed residential redevelopment of the site. This should include Bonar Street, Monash Street, Law Street and Alfred Street.

8. Guidelines for the future development of the land consider a transition in heights from the development to 2 storeys immediately adjoining the existing adjoining dwellings to the



East.

9 An allocation be considered in the 2014/15 Budget process for the construction of the public open space and traffic management treatments.

10. The primary petitioner be advised of this outcome.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

2.1 AUDIT REPORT OF SPORTING CLUBS USE OF SPORTING GROUNDS AND FACILITIES

Mr Roger Fyfe spoke on the item

SUMMARY

This report presents the findings from the sports ground and facilities audit conducted by officers during the 2013 winter season.


That Council note the results of the ground audit.

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

3. PLANET – ENVIRONMENTAL SUSTAINABILITY

3.1 STATE OF THE ENVIRONMENT REPORT 2012-2013

Mr John D’Aloia spoke on the item

SUMMARY

For Council to consider the 2012-2013 State of the Environment Report.


That Council: 1. Notes the completion of the 2012-13 State of the Environment Report.

2. Publishes the 2012-13 State of the Environment Report on Council’s website.

3. Publicises the availability of the 2012-13 State of the Environment Report via the website, The Banner and ‘Greenwrap’ newsletter and any other Council publications.

Councillor Garotti left the Chamber at 08.55 pm.



Moved: Cr Tom Melican Seconded: Cr Steven Briffa CARRIED

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

4.1 CARMICHAEL STREET, EAST IVANHOE - SPEED AND VOLUME CONCERNS

SUMMARY

At its meeting on 29 July 2013, Council raised a Notice of Motion requesting an investigation into the speed and volume of traffic along Carmichael Street, Ivanhoe East. A speed and volume survey completed in Carmichael Street in the week of 28 August 2013 to 3 September 2013 highlighted that the average daily traffic volume along the street was 2,040 vehicles per day, a 6% increase compared with volumes recorded in 2007. However, recorded vehicle speeds demonstrated the majority of vehicles travel well below the legal speed limit of 50km/h. Carmichael Street ranks low amongst the list of streets for future consideration for funding of traffic calming. Given the low traffic speeds recorded along the street, the installation of traffic calming devices to manage the speed of traffic travelling along Carmichael Street is not considered warranted at this time. However, considering the available road width and topography of Carmichael Street, road cushions are identified as the most suitable treatment for Carmichael Street if Council wishes to install traffic management measures.


That: 1. The installation of traffic calming devices is not considered warranted in Carmichael

Street, Eaglemont, at this time. 2. A further speed and volume count be conducted in Carmichael Street, Eaglemont, over

the next 12 months to reassess this street.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican CARRIED



4.2 PERMANENT PLANNING CONTROLS FOR SUBSTANTIAL TREES IN BANYULE'S

GARDEN SUBURBAN AND GARDEN COURT NEIGHBOURHOODS

Mr Roger Fyfe, Ms Jane Crone and Mr John D’Aloia spoke on the item

SUMMARY

To update on the work done for substantial trees, and to recommend adopting permanent changes to the Banyule Planning Scheme, then request the Minister for Planning to approve them for Planning Scheme. Councillor Garotti returned to the Chamber at 08.59 pm. Councillor Mulholland left the Chamber at 08:59 pm. Councillor Mulholland returned to the Chamber at 09:02 pm. Resolution (CO2013/435)

That Council:

1. Adopt Banyule Planning Scheme Amendment C80 shown in Attachment 3, including the “Strategy for Substantial Trees in Garden Court and Garden Suburban Neighbourhoods 2013”.

2. Request the Minister for Planning to approve amendment C80 which introduces

permanent planning controls for substantial trees into the Banyule Planning Scheme.

3. Request the Minister for Planning to complete the process of gazetting Amendment C80 before the temporary Schedule 5 to the Vegetation Protection Overlay expires on 31 May 2014.

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

4.3 NORTH EAST ROAD LINK - QUARTERLY REPORT

Mr Dennis O’Connell spoke on the item

SUMMARY

To provide Council with a status update on planning for the proposed North East Road Link. Councillor Mulholland left the Chamber at 09:23 pm. Resolution (CO2013/436)

That Council notes this report.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti CARRIED Councillor Mulholland returned to the Chamber at 09:27 pm.



4.4 IVANHOE GRAMMAR SCHOOL - SELECTION OF RESIDENT INTEREST GROUP

Mr Paul Simmons, Robyn Roberts and Mr Roger Canty spoke on the item

SUMMARY

This report relates to the selection of residents to form a Resident Interest Group to meet with Council officers and representatives of Ivanhoe Grammar School to discuss matters relating to the proposed Development Plan. In excess of 40 Expressions of Interest were made to Council to join the group. As required in the notices of motion on 26 August 2013 and 23 September 2013, a maximum of 10 residents from the three geographical locations to the South, East and West are to form the group.


That Council: 1. Select 10 residents: John Petsas, Mick Ross, Roger Canty, Paul Greenhill, Roger

Trowbridge, Robyn Sullivan, David Cox, Mrs Chriso Kyriacou, Nina Kelleher and Robyn Roberts (from the general geographical areas to the East, South and West based on the skills they are willing to contribute to the group, the level of participation they have made to the consultation process thus far, ability to represent the views of the wider community, achieving a gender balance and resulting in a mix of residents who were and were not part of the previous Ivanhoe Grammar Development Plan Working Group:

2. Notify all residents who made an Expression of Interest of the outcome. Councillor Briffa left the Chamber at 09:42 pm. Councillor Briffa returned to the Chamber at 09:44 pm. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

4.5 44 TURNHAM AVENUE ROSANNA

Mr Brian Julius spoke on the item

SUMMARY

To consider an application for a three lot subdivision (Consolidation of Titles and Realignment of Boundaries) for 44 Turnham Avenue, Rosanna.


That Council issue a Notice of Decision to grant a Permit in respect of Application No. P1033/2013 for a Three Lot Subdivision (Consolidation of Titles and Realignment of Boundaries) at 44 Turnham Avenue Rosanna, subject to the following conditions: Plans (1) Prior to Certification of the Plan of Subdivision, amended plans to the satisfaction of the

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



application but modified to show:

(a) Prior to Certification, the Plan of Subdivision must be amended to allow for a

minimum 1.5 metre clearance from the outside edge of Melbourne Water's Salt

Creek Drain;

(b) Drainage Easements in favour of Banyule City Council on Lots 1 and 3 to cover

the existing drainage pipes

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

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

Yarra Valley Water

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

for the provision of water supply.

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

Melbourne Water (5) No polluted and/or sediment laden runoff is to be discharged directly or indirectly into

Melbourne Water’s drains or watercourses.

(6) Prior to Certification, the Plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

(7) Prior to the issue of a Statement of Compliance, a separate application direct to

Melbourne Water must be made for approval of any new or modified storm water connection to Melbourne Water's drains or watercourses.

Telecommunications

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

A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in

accordance with the provider’s requirements and relevant legislation at the time;

and

A suitably qualified person for the provision of fibre ready telecommunication

facilities to each lot shown on the endorsed plan in accordance with any industry

specifications or any standards set by the Australian Communications and Media

Authority, unless the applicant can demonstrate that the land is in an area where

the National Broadband Network will not be provided by optical fibre.

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

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

A telecommunications network or service provider that all lots are connected to or

are ready for connection to telecommunications services in accordance with the



provider’s requirements and relevant legislation at the time; and

A suitably qualified person that fibre ready telecommunication facilities have been

provided in accordance with any industry specifications or any standards set by

the Australian Communications and Media Authority, unless the applicant can

demonstrate that the land is in an area where the National Broadband Network

will not be provided by optical fibre.

Time Limit (10) In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

The plan is not certified within two years of the date of this permit; or

A Statement of Compliance is not issued within five (5) years of the date of

certification.

The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987.

PERMIT NOTE

Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Lot 1 72 Turnham Avenue Rosanna Lot 2 47 Douglas Street Rosanna Lot 3 44 Turnham Avenue Rosanna

Melbourne Water

If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Melbourne Water on telephone 9235 2517, quoting Melbourne Water’s reference 229390.

Moved: Cr Tom Melican Seconded: Cr Wayne Phillips CARRIED



4.6 IVANHOE STRUCTURE PLAN

PLANNING SCHEME AMENDMENTS

Mr Roger Fyfe spoke on the item

SUMMARY

This report provides Council with an update on the Ivanhoe Activity Area Planning Scheme Amendments. The report recommends that Council consider the proposed changes to the Municipal Strategic Statement and approved Ivanhoe Structure Plan when assessing planning applications in the Ivanhoe Activity Area.


That Council, in the absence of interim changes to the Municipal Strategic Statement:

1. Continue to apply the Ivanhoe Structure Plan to provide guidance on the vision and strategic direction of the Ivanhoe Activity Area, and

2. Refer to the changes proposed to the Municipal Strategic Statement through Amendment C93 that is currently on public exhibition when providing guidance to applicants and in the assessment of planning permit applications.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti CARRIED

4.7 MULTI UNIT DEVELOPMENT AND VEGETATION REMOVAL AT 113 RATTRAY ROAD, MONTMORENCY

SUMMARY

A planning permit is sought for the construction of three two-storey dwellings (unit 1 with basement parking); vegetation removal; and, building and works under the dripline of protection vegetation. The application has been assessed against the relevant policies of the Banyule Planning Scheme and it is considered that the proposal should not be supported.


That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P484/2013 for Construction of three two storey dwellings (unit 1 with basement parking); retaining wall within 10 metres of the front boundary; vegetation removal; and, building and works under the dripline of protection vegetation at 113 Rattray Road MONTMORENCY 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. Dwelling 1 to be moved sufficiently northwards to avoid impact on the viability of

identified tree 8; b. Dwelling 2 to be reduced to a two bedroom dwelling with an associated single garage

creating additional recession of the first floor level from the ground floor wall along the western boundary;

c. Additional private open space and separation between Dwelling 1 and 2 created as a

result of the reduced area of Dwelling 2 to be incorporated into the private open space of Dwelling 1 and to include the provision of a medium sized canopy tree;

d. Dwelling 2 and 3 to be attached at ground floor level. This may include the stairwell of

dwelling 2 only being attached at the upper level. e. Existing crossover and proposed accessway to be moved sufficiently eastwards to

avoid encroachment within the Structural Root Zone of identified Tree # 2; f. Proposed driveway to be located a minimum of 50cm from trunk of identified Tree # 11; g. Provision of trellis fencing along the rear boundary to prevent overlooking from the

dining area of Dwelling 3 of the adjoining property and to ensure compliance with Standard B22 of the ResCode;

h. Details of the treatment of the path travel from the street to the dwelling entrance of

Unit 1. This path should be solid, stable and continuous, slip resistant and able to be traversed by a person using a wheelchair or pram, etc.;

i. The width of doorways of Unit 1 must be a minimum width of 850mm; j. Ground floor toilet/shower and bedroom on the ground floor of Unit 1 to be accessible

i.e. not accessed via internal stairs; k. Provision of 4,000L rainwater tanks for each dwelling; l. Provision of 6m³ external storage space for each dwelling (dimensions to be provided); m. Location and details of solar hot water panels on the roofs of dwellings; n. 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;

o. In accordance with AS 2890.1 Clause 3.2.4, all structures (including letterboxes,

meter boxes, fences and retaining walls) located within the 2m x 2.5m splayed area adjacent to the driveway entrance shall be constructed to a maximum height of 900mm, or relocated clear of the splayed area, to ensure adequate sight distance to pedestrians. The landscaping must also be reduced in height when located within this area;

p. Unit 3 dwelling and garage be moved 1m west of the east boundary to allow for a

sufficient overland flow path (1 metre) and associated realignment of the driveway.



This will result in units 2 and 3 being connected at the ground level.

q. Provision of a long section of the driveway demonstrating that appropriate access is achievable. The driveway must not exceed a grade of 1 in 4 (or 25%) and a change in grade of 1 in 8 (or 12.5%) in accordance with Banyule Planning Scheme 52.06;

r. Internal lighting shall be provided in accordance with the Banyule Planning Scheme Clause 52.06 and AS 1158. Low height or bollard type lighting should be provided along the accessways, at internal intersections, turnaround facilities and where pedestrian travel paths may be unclear;

s. Location and dimensions of proposed retaining walls where required with chosen material to be either timber or basalt.

t. Landscaping as required by Condition 2 of this permit;

u. The Tree Preservation Fencing in accordance with Condition 8 of this permit;

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

w. A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas; and,

x. 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. Suitable muted colours and tones, and non- reflective materials to be provided with accessway finished with earthy, natural tones

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 shall include:

a. Suitable indigenous evergreen screen planting to be provided along the western

boundary adjacent to Dwelling 2 and along the rear boundary where appropriate;

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

c. Planting adjacent to driveways and within landscaping zones to consist of varying

heights and species;

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

e. Provision of replacement planting including the provision of 1 medium canopy

trees (mature height of at least 12m plus) planted at a semi-advanced state (minimum pot size 40 litre) within the revised courtyard of Dwelling 1; and, 3 small canopy trees (mature height of at least 8m) with one each planted within the private open space of Dwellings 2 and 3 and also to the east of the altered crossover.

f. An indigenous and/or drought tolerant planting theme;

g. 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;

h. Location and details of paving, steps, retaining walls, water tanks, clotheslines,

fence design details and other landscape works including cut and fill.

i. fencing where practicable protecting the critical root zone of medium and high retention value trees once the development is completed

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.

General 4. Unless otherwise agreed in writing by the Responsible Authority the proposed

dwelling(s) 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).

Car Parking / Access

5. 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.

6. 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.

Tree Protection / Landscaping 7. 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.

8. 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 in accordance with the endorsed revised aborcultural report sought by Condition 1(a) of this permit. 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 trees 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.

e. Access to Tree Preservation Zone

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

(v) 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;

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

(vii) 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.

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

9. All tree pruning is to be carried out by a trained and competent arborist who has a

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



of individual trees. Time Limits 10. In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

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

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

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

a. Before the permit expires, or

b. Within six months afterwards, or

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

Permit Notes

A. Expiry of Permit

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

B. Building Permit Required

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

C. Building over Easements

No structure shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

D. 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.

E. Street Numbering

Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows:



Dwelling/Lot 1: 1/113 Rattray Road Dwelling/Lot 2: 2/113 Rattray Road Dwelling/Lot 3: 3/113 Rattray Road

F. Memorandum of Consent for Works

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.

G. Building Site Code of Practice

All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

Moved: Cr Steven Briffa Seconded: Cr Wayne Phillips CARRIED

Cr Wayne Phillips called for a division:

FOR: Cr Steven Briffa, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Jenny Mulholland, Cr Wayne Phillips, Cr Craig Langdon

AGAINST: Cr Tom Melican The Chairperson declared the motion CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

5.1 RENAMING PART OF HEIDLEBERG HEIGHTS

Mrs Claire Bravin spoke on the item

SUMMARY

Consideration to rename the part of Heidelberg Heights bounded by Bell Street, Upper Heidelberg Road, Banksia Street and Waterdale Road.


That Council 1. Authorise officers to undertake further consultation in writing to all property owners and

residents in the area bounded by Bell Street, Upper Heidelberg Road, Banksia Street and Waterdale Road in relation to either renaming the affected area Ivanhoe or leaving the name of the affected area as Heidelberg Heights.

2. All surveys to include a reply paid envelope and indicate that due to the level of support



to change the name of the affected area, non-responses to the survey will be considered tacit approval to support changing the name to Ivanhoe by adjusting the existing suburb boundary to include the area under consideration.

3. A report be prepared to Council on the outcome of the further consultation and the survey.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

Cr Jenny Mulholland called for a division:

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

AGAINST: Cr Steven Briffa, Cr Rick Garotti The Chairperson declared the motion CARRIED

MOTION

Resolution (CO2013/442) Councillor Mulholland moved a motion , seconded by Councillor Di Pasquale seeking a short 5 minutes recess. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale CARRIED Council recessed at 10.45pm Council resumed at 10.50pm 5.2 CHELSWORTH PARK LEASE

Robyn Roberts spoke on the item

SUMMARY

For Council to approve the scheduling of a community information meeting on the proposed lease of Chelsworth Park to the Ivanhoe Grammar School.

Councillor Melican returned to the Chamber at 10.52 pm. Councillor Phillips returned to the Chamber at 10.53 pm. Resolution (CO2013/443) That Council: 1. Endorse the scheduling of the community information meeting between 6.30pm and 7.30

pm on 19 February 2014 at The Centre Ivanhoe regarding the current and proposed lease arrangements of Chelsworth Park with the Ivanhoe Grammar School.

2. Request officers to invite all petition signatories and resident sports club representatives

to the community information meeting.

3. That a Frequently Asked Question Sheet be distributed to all petition signatories and resident club representatives prior to the meeting being held on 19 February 2014.



1.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED

5.3 WARD FUND ALLOCATIONS

Beverley Moss spoke on the item

SUMMARY

To consider four Ward Fund Allocation applications which have been submitted in line with the Banyule Council Ward Fund Policy. APPLICATIONS The following ward fund application/s have been received, and having received the support of the respective ward Councillor/s are submitted for approval by Council:

1 Councillor Name: Cr Rick Garotti

Ward: Grimshaw

Funding Recipient: Watsonia North Pre School

Amount Requested by Applicant: $2,200.00

Ward Fund Contribution: $2,200.00

Purpose/Reason: To support installation of bike path, to benefit current and future children at the pre-school. (See Officer Report – Watsonia North Pre-School)

2 Councillor Name: Cr Rick Garotti

Cr Wayne Phillips

Ward: Grimshaw Beale Funding Recipient: Banyule City Council

Amount Requested by Applicant: $12,000

Ward Fund Contribution: $9,000 – Cr Rick Garotti

$3,000 – Cr Wayne Phillips

Purpose/Reason: To support the proposed Banyule City Council streetscape works for Balaka Place, Bundoora (See Officer Report - Banyule City Council).



3 Councillor Name: Cr Steven Briffa

Ward: Hawdon Funding Recipient: Montmorency Primary School Amount Requested by Applicant: $2,000

Ward Fund Contribution: $2,000 Purpose/Reason: To assist in purchasing library books and resources for students.

4 Councillor Name: Cr Craig Langdon

Ward: Olympia Funding Recipient: Livingstone Community Centre Amount Requested by Applicant: $1,980 Ward Fund Contribution: $1,980

Purpose/Reason: Purchase of Christmas cakes for disadvantaged.

Please Note: Copy of application forms and supporting documentation provided attached (refer Attachment 1). Resolution (CO2013/444)

“That:

1. Council, having considered the Ward Fund applications in line with the Banyule Ward Fund Policy, approve the following applications for payment, subject to all acquittal documentation being provided:

Watsonia North Pre-School - $ 2,200.00

Banyule City Council - $12,000.00

Montmorency Primary School - $ 2,000.00

Livingstone Community Centre - $ 1,980.00

2. That the beneficiaries be notified of Council’s decision.”

Moved: Cr Rick Garotti Seconded: Cr Steven Briffa CARRIED



5.4 PROPOSED SUBURB BOUNDARY REALIGNMENT, HEIDELBERG TO

EAGLEMONT

SUMMARY

Consideration to rename the area in Heidelberg that is bounded by Upper Heidelberg Road, Bell-Banksia Link, Studley Road and Banksia Street to be included as part of Eaglemont.


That Council: 1. Pursue the renaming of the area bounded by Upper Heidelberg Road, Bell-Banksia Link,

Studley Road and Banksia Street in Heidelberg to Eaglemont and lodge the necessary submission to the Office of Geographic Names (OGN).

2. Advise affected residents of the Council decision on this matter. 3. Where required, advise relevant authorities of any address changes on behalf of residents

and property owners in the affected area.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon CARRIED

Cr Jenny Mulholland called for a division:

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

AGAINST: Cr Steven Briffa, Cr Rick Garotti The Chairperson declared the motion CARRIED

6. PERFORMANCE - USE OUR RESOURCES WISELY

6.1 OPERATING FINANCIAL REPORT FOR PERIOD ENDED 31 OCTOBER 2013

SUMMARY

Presentation of Operating Financial Report for two-months ended 31 October 2013..


That the Operating Financial Report for the period to 31 October 2013 be received.

Moved: Cr Rick Garotti Seconded: Cr Wayne Phillips CARRIED



6.2 COUNCILLOR MOTIONS - STATUS UPDATE

SUMMARY

To provide a report on the current status of Councillor initiated motions.


1. That Council note the Councillor Motions Status Report and

2. A report to Council be submitted every three months regarding the current status of Councillor initiated Motions.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa CARRIED

6.3 ASSEMBLY OF COUNCILLORS

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: 21 November 2013

Type of Meeting: Councillor Transport Workshop

Matters Considered: Transport in Banyule – Fast Facts 2013 Integrated Transport Plan – Suggested framework

- Discussion on issues

Community Transport Forum – Format - Content - Timing

Councillors Present: Steven Briffa Craig Langdon Tom Melican Jenny Mulholland

Staff Present: Scott Walker, Director – City Development Cameron Baird, Co-Ordinator – Engineering Services Kevin Ayen, Team Leader – Engineering Services Mardi Cuthbert, Engineering Student Joel Elbourne, Acting Manager –Development Services Bailey Byrnes, Transport Engineer



Michelle Herbert, Senior Transport Engineer Sanjev Sivananthanayagam, Transport Engineer Ana Caicedo, Project Engineer Daniel Kollmorgen, Acting Manager – Strategic & Economic Development

Others Present: Nil

Conflict of Interest: Nil


Type of Meeting: Councillor Briefing

Matters Considered: Support for Shopping Centres around cleansing, asset maintenance and City planning

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

Staff Present: Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Daniel Kollmorgen, Acting Manager – Strategic & Economic Development Russell Darling, Manager – Operations Vincent King, Operations Project Co-Ordinator – Waste & Cleansing Arun Chopra, Manager – Major Projects & Infrastructure Ben Smith, Co-Ordinator – Economic Development Nicole Maslin, Economic Development Officer Erica Hardie, Economic Development Officer

Others Present: Representatives from Banyule’s 11 Traders Associations



Type of Meeting: CEO Review

Matters Considered: Confidential Matters – Personnel Matters

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

Staff Present: Simon McMillan, Chief Executive Officer

Others Present: Nil






Matters Considered: City Plan – Review & Update Northern Infrastructure Study

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

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Peter Utri, Manager – Organisational Performance Tom Waldbauer, Senior Business Services Officer Theonie Tacticos, Team Leader – Community & Social Planning

Others Present: Nil


5 Date of Assembly: 2 December 2013


Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 2 December 2013 (excluding confidential items) 1.1 Vesting of Reserve - 4A Abercorn Avenue Ivanhoe

2.1 Alma Road, Bundoora - Investigation of Parking and Traffic Congestion

2.2 Banyule Graffiti Summitt

3.1 Energy Saving Plan

3.2 Funding of the North East Healthy Waterways Waterwatch Program

4.1 Metropolitan Planning Strategy

4.2 East West Link - Comprehensive Impact Statement

4.3 Options Available to Council to Address Development Sites with Issues

4.4 Balaka Place Bundoora Streetscape Improvements

4.5 Proposed sale of discontinued road (Rose Street) adjacent to 1065 Heidelberg Road Ivanhoe

4.6 Northern Infrastructure Report

6.1 Audit Committee Charter

6.2 Review of Councillor Discretionary Funds

6.3 Assembly of Councillors

7.1 Sealing of Documents

8.1 Bully Free Australia

8.2 National Container Deposit Scheme

8.3 School Crossing Supervision

8.4 Deferment of Interest Charges on Second Instalment Rates and Charges

General Business Ward Fund Recipient Follow Up Community Grants

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



Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Gina Burden, Manager – Governance, Information and Laws Daniel Kollmorgen, Acting Manager – Strategic & Economic Development Joel Elbourne, Acting Manager – Development Services Emily Outlaw – Senior Governance Officer John Milkins, Co-ordinator – Environmental Sustainability

Others Present: Nil




Matters Considered: Citizen of the Year Award City Plan 2014-15

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

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Peter Utri, Manager – Organisational Performance Tom Waldbauer, Senior Business Services Officer Giovanna Failla, Manager – Youth & Family Services Frances Gianinotti, Co-Ordinator – Youth & Community Partnerships

Others Present: Nil



Type of Meeting: Confidential Councillor Update

Matters Considered: Confidential Matters – Property and Proposed Developments

Councillors Present: Steven Briffa Mark Di Pasquale Craig Langdon Wayne Phillips

Staff Present: Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Michael Hutchison, Projects Co-Ordinator – City



Development Giovanna Failla, Manager – Youth & Family Services Shaun Barber, Manager – School Sites Redevelopment

Others Present: Nil



That the Assembly of Councillors report be received.

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

6.4 COUNCILLOR REPORT ON CONFERENCES ATTENDANCE

SUMMARY

This report has been prepared to provide feedback from the Councillor who attended the By Design Public Library – Places and Spaces Conference during 13 – 15 November 2013.


That the Councillor Report on Attendance at Conference/Visit Requiring Interstate or

Overseas Travel regarding the By Design Public Library – Places and Spaces Conference be

noted.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland CARRIED

7. SEALING OF DOCUMENTS

7.1 SEALING OF DOCUMENTS


That the Common Seal of the Banyule City Council be affixed to the following documents: 1. Lease between Banyule City Council and HCoA Operations (Australia Pty Ltd) for the

Council owned building at 208 Burgundy Street, Heidelberg, for the term of two (2) years commencing in 1 January, 2014.

Moved: Cr Wayne Phillips Seconded: Cr Tom Melican CARRIED



8. NOTICES OF MOTION

8.1 EXTENSION OF TRIAL COMMUNITY ENGAGEMENT AND INFORMATION SHARING PROGRAM

Cr Craig Langdon submitted a Notice of Motion


1. “That Council allocate an additional sum of $60,000 for the purposes of increasing its communications budget.”

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon CARRIED

8.2 APPRECIATION GREENSBOROUGH HISTORICAL SOCIETY

Cr Mark Di Pasquale submitted a Notice of Motion


“That

1. Council acknowledge the Greensborough Historical Society's efforts to compile and publish a book on World War 1.

2. Council facilitate a meeting between the Greensborough Historical Society, interested

R.S.L groups in the municipality and Banyule Council to discuss the feasibility, compilation and distribution of the document.”

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



8.3 TRAFFIC VOLUME INCREASE - EAST WEST FREEWAY PROJECT

Cr Tom Melican submitted a Notice of Motion Councillor Rick Garotti declared a Conflict of Interest and left the Chamber at 11.37pm prior to the discussion of the item. Greta Gillies, Mr John D’Aloia and Mr Dennis O’Connell spoke on the item “That: 1. Council writes to the Minister for Transport requesting full details of the Veitch Lisher

report into congestion generated by the East West Freeway project and its’ impact on roads within Banyule;

2. Banyule Council does not support the East -West project until full details of this State

Government report are made public and the impact on Heidelberg Road and Burke Road North are understood.”

Moved: Cr Tom Melican Motion lapsed for want of a seconder Councillor Garotti returned to the Chamber at 11:49 pm.

9. General Business

9.1 THANKS TO STAFF

Cr Craig Langdon thanked all staff for their great work throughout 2013 across all Directorates including City Development, Corporate Services, Assets & City Services and Community Programs. That all the Directors be requested to pass on Council's best wishes to their staff for the festive season.

9.2 CAROLS BY CANDLELIGHT

Cr Rick Garotti thanked Council staff for their efforts in the carols event held on the weekend.

9.3 MOVIES IN THE PARK

Cr Jenny Mulholland thanked Council staff for organising the Movies in the park.

10. Urgent Business

10.1 EMERGENCY FUNDING SUPPORT - 88.6 PLENTY VALLEY FM


That Council consider an item of Urgent Business

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED Resolution (CO2013/454)

That the Director Corporate Services allocate $1125 from Council's Operating Budget for the purpose of contributing with other neighbouring councils to the purchase of a battery pack



power supply at the transmitter site in Yarrambat. Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland CARRIED 10.2 COLES CARPARK IVANHOE LEASE - 14 LIVINGSTONE STREET


That Council consider an item of Urgent Business

Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED Resolution (CO2013/456)

That the appropriate officer be authorised to negotiate with the owners of the Ivanhoe plaza to extend the lease from 14th January for an additional 6 months to give Council an opportunity to consider all options for future use of the car parking site. Moved: Cr Wayne Phillips Seconded: Cr Jenny Mulholland CARRIED Closure of Meeting to the Public

That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1-11.4. Moved: Cr Steven Briffa Seconded: Cr Wayne Phillips CARRIED The Meeting was adjourned at 11.57pm. The Meeting was closed to the public at 12.03am.

DATED:........................... DAY OF ........................... 2013

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