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Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 4 August 2014 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary. AGENDA The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Cr Jenny Mulholland Confirmation of Minutes Ordinary Meeting of Council held 21 July 2014 Disclosure of Interests 1. Petitions 1.1 Proposed Lease of Chelsworth Park to Ivanhoe Grammar School .......................... 3 REPORTS: 2. People – Community Strengthening and Support 2.1 St Helena Secondary College - Sports Precinct Masterplan.................................... 5 3. Planet – Environmental Sustainability Nil 4. Place – Sustainable Amenity and Built Environment 4.1 Upper Heidelberg Road, Heidelberg - Paid Parking Meter Fees ............................. 9 4.2 Public Notice advertising period of the proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School ..................................................... 13 4.3 Proposed Apartment Building at 20 Morwell Avenue, Watsonia ............................ 19 4.4 Development Planning Activities Report 2013/2014 .............................................. 37

Banyule Council Meeting 4 August 2014 Agenda

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Page 1: Banyule Council Meeting 4 August 2014 Agenda

Ordinary Meeting of Council Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

4 August 2014 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.”

Apologies and Leave of Absence Cr Jenny Mulholland

Confirmation of Minutes Ordinary Meeting of Council held 21 July 2014

Disclosure of Interests

1. Petitions 1.1 Proposed Lease of Chelsworth Park to Ivanhoe Grammar School .......................... 3

REPORTS:

2. People – Community Strengthening and Support 2.1 St Helena Secondary College - Sports Precinct Masterplan.................................... 5

3. Planet – Environmental Sustainability Nil

4. Place – Sustainable Amenity and Built Environment 4.1 Upper Heidelberg Road, Heidelberg - Paid Parking Meter Fees ............................. 9 4.2 Public Notice advertising period of the proposed Lease of Part of

Chelsworth Park to Ivanhoe Grammar School ..................................................... 13 4.3 Proposed Apartment Building at 20 Morwell Avenue, Watsonia ............................ 19 4.4 Development Planning Activities Report 2013/2014 .............................................. 37

Page 2: Banyule Council Meeting 4 August 2014 Agenda

AGENDA (Cont’d)

Ordinary Meeting of Council - 4 August 2014 Page 2

5. Participation – Community Involvement in Community Life Nil

6. Performance - Use Our Resources Wisely 6.1 Engineering Services Activities Report 2014 ......................................................... 55 6.2 Assembly of Councillors ........................................................................................ 59 6.3 Review and Update of Delegations ....................................................................... 62 6.4 Councillor Report on Conferences Attendance ..................................................... 66 6.5 Proposed MAV WorkCare Insurance Scheme ..................................................... 68

7. Sealing of Documents Nil

8. Notices of Motion 8.1 Victorian Local Government Association (VLGA) Forward Action

Plan ..................................................................................................................... 71 8.2 Heidelberg Stars Soccer Club .............................................................................. 72 8.3 Netball Courts at Seddon Reserve ........................................................................ 73

9. General Business

10. Urgent Business

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 the following confidential matters.

11. Confidential Matters 11.1 contractual matters

Matters Discussed in Camera That all confidential matters and reports related to the above items remain confidential unless otherwise specified.

Closure of Meeting

Page 3: Banyule Council Meeting 4 August 2014 Agenda

1.1

Petitions

Ordinary Meeting of Council - 4 August 2014 Page 3

1.1 PROPOSED LEASE OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL

Author: Tom Zappulla - Leisure Facilities, Place & Partnership Co-Ordinator, Community Programs

File: D14/33812 EXECUTIVE SUMMARY A petition with 30 signatures has been received from residents of Banyule regarding the proposed lease between Banyule City Council and Ivanhoe Grammar School (IGS) for Chelsworth Park. The petition prayer is as follows: “We the undersigned residents of Banyule, request Banyule City Council, through its community programs and parks and recreation staff, to:- Limit any potential lease of Chelsworth Park to Ivanhoe Grammar School with;

1. A maximum lease/rental duration of 5 years, with a maximum renewable period of 5 years with such renewal subject to public review of community requirements for space and access to Chelsworth Park and to compliance of the tenant with the full terms and conditions of the pervious lease/rental agreement.

2. Terms of any lease/rental agreement to be established at a commercial market rate, with annual adjustment for CPI, in recognition of the value of this community asset.

3. Lease/Rental Agreement time to be for specified school hours only and other bookings (after school/weekends) to be assessed by Council staff against other requests from other users annually with priority to local clubs and residents.

4. Payments by IGS through ‘in kind’ services for lease or access to Chelsworth Park to be considered by Council but formally valued and publically recorded.

5. Other municipal sports fields in Banyule offered to IGS and other schools in the municipality, outside required for community access, on the same basis- including potential new basketball stadiums at Banksia St and Macleod.

6. IGS to demonstrate that it uses the times allocated in the lease or rental agreement efficiently and does not exclude other users by overbooking.

7. Hard court tennis facilities to be maintained by Council and kept open to the public when IGS bookings don’t apply.”

Page 4: Banyule Council Meeting 4 August 2014 Agenda

1.1

Petitions PROPOSED LEASE OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

Ordinary Meeting of Council - 4 August 2014 Page 4

OFFICER COMMENT

Council has a current lease arrangement with the Ivanhoe Grammar School (IGS) for the six playing surfaces and two pavilions located at Chelsworth Park which expires in November 2014. In July 2012, Council resolved (Resolution CO2012/212) to negotiate a new 20 year lease (with a further 10 year option) with the IGS. A number of reports and briefings in relation to the lease with IGS have been presented since this date. Since Council resolved to negotiate a new lease arrangement with the IGS a number of key concerns have been raised by the community. The proposed lease has been developed taking into consideration key concerns that have been raised during the community consultation processes to date. Council is obliged to publicly advertise Council’s intention to enter into a proposed lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe, a report is presented at item 4.2 seeking to commence the statutory process and give public notice. Once Council resolves to advertise its intention to enter into a proposed lease, members of the public wishing to view the proposed lease will have the opportunity to do so during the 28 day public notice period. On completion of the public notice period, Council will be required to consider any submissions received in relation to the proposed new lease in accordance with section 223 of the Local Government Act 1989 at a future meeting of the Council. RECOMMENDATION

That Council:

1. Receives and notes the petition.

2. Considers the petition as a submission in relation to the proposed lease of Chelsworth Park to Ivanhoe Grammar School

ATTACHMENTS Nil

Page 5: Banyule Council Meeting 4 August 2014 Agenda

2.1

People – Community Strengthening and Support

Ordinary Meeting of Council - 4 August 2014 Page 5

2.1 ST HELENA SECONDARY COLLEGE - SPORTS PRECINCT MASTERPLAN

Author: Darren Bennett - Manager Leisure, Recreation & Culture, Community Programs

File: F2014/492

Previous Items Council on 21 July 2014 (Item 8.1 - St Helena Secondary College - Sports Precinct

Masterplan) EXECUTIVE SUMMARY

At the Ordinary Meeting of Council held on the 21 July 2014, Council resolved the following: “That officers prepare a report for Council’s consideration at the next meeting of Council on the proposed contribution of $4,000 towards funding the development of the Master Plan of the community/school sporting precinct at the St Helena Secondary College. Such report to consider the merits of the proposal and the funding contribution. Council has been invited to participate on a Project Committee to explore the possibility of developing a sporting precinct on the school grounds at St Helena College for community and school use. Although St Helena and Glen Katherine are located in the Banyule municipality, students are drawn equally from Nillumbik and Banyule. The Schools are seeking financial assistance from the Shire of Nillumbik, Banyule City Council and other potential project partners to assist with the development of the Master plan which has a total cost of approximately $20,000. Whilst it is acknowledged that this is a long term proposition, the outcomes of this project has the potential to increase school/community partnerships and facilitate community use of facilities outside of school hours which will assist in our provision of sporting facilities for local sporting groups. In this area of Banyule there are high levels of participation (particularly in junior sports) and unmet demand for soccer and netball facilities. Key facilities that will be further investigated within the proposed sporting precinct will include a synthetic soccer facility and outdoor netball courts to accommodate training and competition. Given the geographic location of the St Helena Secondary College and Glen Katherine Primary School (within Banyule’s municipal boundary) it is important that Banyule City Council support the preparation of the Master Plan and be a key stakeholder in its development to ensure that outcomes deliver on community need. Officers are recommending Council contribute $4,000 and in-kind staff resources towards the development of the Master Plan.

Page 6: Banyule Council Meeting 4 August 2014 Agenda

2.1

People – Community Strengthening and Support ST HELENA SECONDARY COLLEGE - SPORTS PRECINCT MASTERPLAN cont’d

Ordinary Meeting of Council - 4 August 2014 Page 6

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction of “encourage diverse and inclusive community participation”.

BACKGROUND

St Helena Secondary College and Glen Katherine Primary School have been holding discussions with local and state government and local sporting groups to explore the possibility of developing a sporting precinct on the St Helena College school grounds to enhance both community and school use. A Project Committee has been established made up of representatives from St Helena Secondary College, Glen Katherine Primary School, Nillumbik Shire and Banyule City Council. The project committee has been meeting for over six months to develop a vision for a community/school sporting precinct. Council’s Manager Leisure Recreation & Cultural Services has participated in a number of Project Committee meetings since February 2014. Although St Helena Secondary College and Glen Katherine Primary School are located in the Banyule municipality, students are drawn equally from Nillumbik and Banyule. Whilst it is acknowledged that this is a long term proposition, the outcomes of this project has the potential to increase school/community partnerships and facilitate community use of facilities outside of school hours which will assist in our provision of sporting facilities for local sporting groups.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

Council received correspondence from the schools in March 2014 requesting Council consider part funding of the development of the Master Plan. The schools explained the rationale for the project as fourfold: • Increased school/community partnerships to the benefit of both groups, • Provision of resources to deliver a vibrant and innovative health and PE

curriculum to a population of 2000 students, • Promotion of healthy physical activity to the local community, and,

Page 7: Banyule Council Meeting 4 August 2014 Agenda

2.1

People – Community Strengthening and Support ST HELENA SECONDARY COLLEGE - SPORTS PRECINCT MASTERPLAN cont’d

Ordinary Meeting of Council - 4 August 2014 Page 7

• Meeting the needs of local government in provision of sporting facilities for local sporting groups.

The College currently has two ovals - an undersized soccer pitch and a large open recreation space, two sets of external netball/basketball courts and a full size gymnasium. Apart from ongoing maintenance, the facilities remain unaltered since they were built in 1986. The adjacent Glen Katherine Primary School shares the recreation space with St Helena, and also has a set of external basketball/netball courts, tennis courts and a full size gymnasium. These facilities are unused during school holidays and after school hours, apart from ad hoc community hire of the gymnasium spaces and hire by Topline Tennis of the Glen Katherine tennis courts. The Projects Committee is working on a master plan for the development of these sporting facilities for joint community usage for soccer, netball and school utilisation- and/or by other sporting bodies. St Helena has formed a partnership with the Eltham Netball Club, which now uses the St Helena courts as their training ground. Eltham Redbacks Soccer Club has indicated a strong interest in the facility for both training and competitive match play. The schools are proposing to engage Simply Great Leisure Pty Ltd (SGL) to assist with the Master Plan preparation. SGL have delivered projects for both Nillumbik Shire and Banyule Council in the past and have a good understanding of the local area and the key issues facing local community sporting organisation. In this area of Banyule there are high levels of participation (particularly in junior sports) and unmet demand for soccer and netball facilities. Key facilities that will be further investigated during the Master Plan process will include a synthetic soccer facility and outdoor netball courts to accommodate training and competition. Given the geographic location of the St Helena Secondary College and Glen Katherine Primary, it is important that Council support the preparation of the Master Plan and be a key stakeholder in its development to ensure that outcomes deliver on community need. The State Government encourages school facilities being available to the wider community outside of school hours and encourages joint partnerships between the community, schools and local government authorities to explore potential opportunities.

FUNDING IMPLICATIONS

The Projects Committee is seeking financial assistance from the Shire of Nillumbik, Banyule City Council and other potential project partners to assist with the development of the Master Plan which has a total cost of approximately $20,000. The schools are seeking a financial contribution of $4,000 (and in-kind staff resources to allow participation in the Project Committee) towards the development of the Master Plan.

Page 8: Banyule Council Meeting 4 August 2014 Agenda

2.1

People – Community Strengthening and Support ST HELENA SECONDARY COLLEGE - SPORTS PRECINCT MASTERPLAN cont’d

Ordinary Meeting of Council - 4 August 2014 Page 8

TIMELINES

While timelines regarding the development of the Master Plan is yet to be confirmed, officers anticipate that the Master Plan will be completed by December 2014.

CONCLUSION

Whilst it is acknowledged that this is a long term proposition, the outcomes of this project has the potential to increase school/community partnerships and facilitate community use of facilities outside of school hours which will assist in our provision of sporting facilities for local sporting groups. Given the lack of sporting facilities and unmet demand for soccer and netball facilities in the immediate area surrounding St Helena Secondary College and Glen Katherine Primary, officers consider this is a worthwhile proposal and the Master Plan will help guide long term planning decisions regarding future leisure facility provision in the area. RECOMMENDATION

That Council: 1. Contribute $4,000 and in-kind staff resources for the development of the Master

Plan for a community/school sporting precinct at the St Helena Secondary College.

2. Receive a further report to consider the outcomes of the Master Plan.

ATTACHMENTS Nil

Page 9: Banyule Council Meeting 4 August 2014 Agenda

4.1

Place – Sustainable Amenity and Built Environment

Ordinary Meeting of Council - 4 August 2014 Page 9

4.1 UPPER HEIDELBERG ROAD, HEIDELBERG - PAID PARKING METER FEES

Author: Ana Caicedo - Project Engineer, City Development

Ward: Bakewell and Griffin Wards

File: F2014/307 EXECUTIVE SUMMARY

The paid parking area on the East side of Upper Heidelberg Road, Heidelberg (Montgomery Street to Darebin Street), is underutilised. The low use of the parking area could be attributed to a combination of the parking fee structure and the availability of alternative parking options in the area. It is recommended that consultation be undertaken into the installation of two hour parking restrictions on the east side of Upper Heidelberg Road, (Brown Street to Montgomery Street and Darebin Street to Bolden Street), where parking is unrestricted after 9am and the fee structure for the existing paid parking between Montgomery Street and Darebin Street be reviewed as part of the Upper Heidelberg Road parking meter replacement project in the 2014/15 Capital Works Program. OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “support sustainable transport”.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. BACKGROUND

Council at its meeting on 16 June 2013, as part of the overall Fees and Charges Schedule in the 2013/14 Budget, resolved to increase paid parking meter fees from $5.00 to $10.00 per day. In most parking meter areas this increase has not posed any issues regarding the occupancy rates of the parking spaces. However, in Upper Heidelberg Road, Heidelberg, beside the Warringal Cemetery, the occupancy of the eight spaces in this location has been very low and is pushing parking further into nearby residential streets.

Page 10: Banyule Council Meeting 4 August 2014 Agenda

4.1

Place – Sustainable Amenity and Built Environment UPPER HEIDELBERG ROAD, HEIDELBERG - PAID PARKING METER FEES cont’d

Ordinary Meeting of Council - 4 August 2014 Page 10

These eight paid parking meters, which are of the single space “lollypop” type, have been in place for many years and were well utilised prior to the change in fees.

Figure 1: Images of paid parking spaces Upper Heidelberg Rd, outside Warrigal Cemetery Parking restrictions in the area Clearway restrictions operate on the east side of Upper Heidelberg Road, between 7am and 9am, and time parking restrictions operate in a large section of the area on weekdays. Figure 2 illustrates the parking restrictions in surrounding streets. Usage of the paid parking area on Upper Heidelberg Road Prior to introducing the rise in paid parking fees in the 2013/14 budget, the Upper Heidelberg Road parking spaces had usage at a very high rate of occupancy. The eight parking spaces in Upper Heidelberg Road are part of a network of paid parking spaces which service the Austin and Warrigal Hospital precinct and attract mostly hospital workers and other users within the vicinity.

DISCUSSION

While it is recognised that the fee increase might have generated a shift in motorists’ behaviour, it is not clear whether this change happened solely due to the raise in parking fees. The fee for all day parking on Darebin Street and Powlett Street is $10 and the occupancy levels have remained relatively stable following the fee changes. The low usage of the paid parking area on Upper Heidelberg Road could be attributed also to a combination of the following: • The clearway restrictions do not allow parking before 9am, time at which most

‘all-day parkers’ need to be at their workplace. • There are unrestricted parking areas to the north and south close to the paid

parking area which present free parking alternatives. To assess the residential demand for unrestricted parking, it is proposed that community consultation be undertaken to assess the impact of introducing 2-hour parking restrictions within the clearway area on the east side of Upper Heidelberg Road, between Brown Street and Bolden Street.

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4.1

Place – Sustainable Amenity and Built Environment

UPPER HEIDELBERG ROAD, HEIDELBERG - PAID PARKING METER FEEScont’d

Ordinary Meeting of Council - 4 August 2014 Page 11

Given that the meter replacement project for Upper Heidelberg Road will be delivered under the 2014/15 Capital Works Program, it is proposed that the fee structure for this area be reviewed as part of the project delivery process to consider the possibility for short and long term parking.

Figure 2: Parking arrangements near the Warringal Cemetery, Heidelberg

CONCLUSION

As part of the 2013/2014 Budget, Council resolved to increase the fees for parking meters from $5 to $10. The occupation of the paid parking area adjacent to Warringal Cemetery on Upper Heidelberg Road has been low in recent months.

Areas of unrestricted free parking have been identified immediately adjacent to the paid parking area on Upper Heidelberg Road. Therefore, it is proposed that consultation be undertaken into the installation of two hour parking restrictions on the east side of Upper Heidelberg Road, between Brown Street and Bolden Street.

Page 12: Banyule Council Meeting 4 August 2014 Agenda

4.1

Place – Sustainable Amenity and Built Environment UPPER HEIDELBERG ROAD, HEIDELBERG - PAID PARKING METER FEES cont’d

Ordinary Meeting of Council - 4 August 2014 Page 12

While it is recognised that the parking fee increase might have prompted the parking occupation changes, it is recommended that the parking fee and payment structure be reviewed as part of the delivery of the parking meter replacement project. RECOMMENDATION

That Council:

1. Consult with the residents of Upper Heidelberg Road between Brown Street and Bolden Street, seek feedback on the proposed installation of 2-hour parking restrictions (Monday to Friday from 9am to 5pm), on the east side of Upper Heidelberg Road between Brown Street and Bolden Street.

2. Review the parking fee and payment structure of the paid parking system on

Upper Heidelberg Road as part of the delivery of the parking meter replacement project.

ATTACHMENTS Nil

Page 13: Banyule Council Meeting 4 August 2014 Agenda

4.2

Place – Sustainable Amenity and Built Environment

Ordinary Meeting of Council - 4 August 2014 Page 13

4.2 PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL

Author: Tom Zappulla - Leisure Facilities, Place & Partnership Co-Ordinator, Community Programs

File: D14/33812

Previous Items Council on 16 July 2012 (Item 12.2 - Proposed Lease of Part of Chelsworth Park to

Ivanhoe Grammar School) Council on 21 October 2013 (Item 11.1 - Chelsworth Park and Proposed Lease with

Ivanhoe Grammar School) Council on 18 November 2013 (Item 4.5 - Chelsworth Park and Proposed Leases

with Ivanhoe Grammar School) Council on 16 December 2013 (Item 5.2 - Chelsworth Park Lease) Council on 7 October 2013 (Item 1.1 - The Lease of Chelsworth Park to Ivanhoe

Grammar School) EXECUTIVE SUMMARY

Following the resolution of Council in July 2012 Council Officers have been negotiating a lease proposal with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. The proposed lease has been prepared and delivers a negotiated position which significantly provides good value for the Banyule Community and existing tenants of Chelsworth Park and improves the financial position for Council. The proposed lease has been developed taking into consideration key issues that have been raised during the community consultation process to date. The proposed lease also establishes a thorough lease management and reporting structure between Council and Ivanhoe Grammar School. A further Frequently Asked Question document will be distributed during the public notice period outlining the key issues within the proposed lease and informing the community how they can engage in the process during the public notice period. Council Officers seek authorisation to give public notice of Council’s intention to enter into a proposed lease with Ivanhoe Grammar School. The giving of public notice provides the opportunity for members of the public to make a written submission in relation to the lease. Council is obliged, under section 223 of the Local Government Act 1989, to hear and give consideration to any submissions received in relation to the proposed lease at a future meeting of the Council.

Page 14: Banyule Council Meeting 4 August 2014 Agenda

4.2

Place – Sustainable Amenity and Built Environment PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

Ordinary Meeting of Council - 4 August 2014 Page 14

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction of “maintain and improve Banyule as a great place to live”.

BACKGROUND

Council has a current lease arrangement with the Ivanhoe Grammar School (IGS) for the six playing surfaces and two pavilions located at Chelsworth Park which expires in November 2014. In July 2012, Council resolved to negotiate a new 20 year lease (with a further 10 year option) with the IGS. A number of reports and briefings in relation to the lease with IGS have been presented since this date. A Chelsworth Park Information document was distributed to the community in September 2013 outlining Council’s intention to re-new the lease with IGS, providing information about the Storm Water Harvesting Project and also included information regarding the Ivanhoe Golf Course and Chelsworth Park Tennis Club. A petition (484 signatures) regarding the proposed lease of Chelsworth Park to IGS was submitted by members of the community at the Council meeting on the 7 October 2013 requesting full disclosure of financial commitments by IGS as well as disclosing to the community the lease details and park management in the future. The information requested was made available to the public at the 18 November 2013 Council meeting. In December 2013, Council endorsed a proposed Community Meeting scheduled for 19 February 2014. Petition signatories and key representatives from Chelsworth Park sporting clubs were invited and a second Frequently Asked Question (FAQ) document was distributed to all petition signatories and resident club representatives prior to the meeting. The information session was held at the Centre Ivanhoe and 40 people attended. Meeting minutes and updates regarding the development of the proposed lease were distributed to meeting attendees in May 2014. A tour of Chelsworth Park and respective facilities was also facilitated by Council on 15 June 2014 with 11 community members attending. The tour was well received and assisted in developing a better understanding of the proposed lease and the Storm Water Harvesting project. Council also received a petition in relation to the proposed lease of Chelsworth Park with IGS on the 8 July 2014. Council will receive a further report to note this petition.

Page 15: Banyule Council Meeting 4 August 2014 Agenda

4.2

Place – Sustainable Amenity and Built Environment

PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

Ordinary Meeting of Council - 4 August 2014 Page 15

Since Council resolved to negotiate a new 20 year lease (with a further 10 year option) with the IGS, a number of key concerns have been identified by members of the community. These key concerns include:

• the ongoing management of the en tout cas tennis courts• proposed rental fees of the proposed lease considering the value of the land• the length of term of the proposed lease • perceived changes to public access to parklands• access to concrete tennis courts• Council not administering bookings for sporting reserves• IGS receiving all seasonal allocation fees from tenant clubs• that other management models for Chelsworth Park had not been considered• non-delivery of capital works and maintenance obligations• lack of understanding regarding the Storm Water Harvesting Project and water

use• maintenance of main drains and waterways• lack of lease monitoring

Council has acknowledged these concerns and during the proposed lease negotiation phase a number of amendments to the proposed lease have been made to address some of these concerns. A summary outlining the concerns raised and further explanation in relation to how the key issues will be addressed is included in Attachment 1.

A further Frequently Asked Question sheet will be distributed during the public notice period outlining the key issues within the proposed lease.

Locality Plan

Page 16: Banyule Council Meeting 4 August 2014 Agenda

4.2

Place – Sustainable Amenity and Built Environment PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

Ordinary Meeting of Council - 4 August 2014 Page 16

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

FUNDING IMPLICATIONS

Financial details regarding the lease between Council and IGS were made available at the Council meeting in November 2013. The proposed lease will incorporate an upfront financial contribution towards the Chelsworth Park Storm Water Harvesting Project (SWHP) of $1,000,000 for the first 20 years of the lease. An agreed rental will be paid over the last 10 year period if the further option is exercised. Outlined below is the financial arrangement agreed between Council and IGS. Contribution Amounts Cumulative

Contribution Timings for Payment

$250,000 $250,000 On signing of lease $250,000 $500,000 1 May 2015 $125,000 $625,000 1 November 2015 $125,000 $750,000 1 May 2016 $125,000 $875,000 1 November 2016 $125,000 $1,000,000 1 May 2017 The rental fee for the further ten year option will commence at $50,000 per annum with an indexed increase of 4% each year. The following table indicates rental fee appropriate to each year. Amounts Cumulative Cost over

period of Further Lease Term

Timings for Payment

$50,000 $50,000 1 November 2035 $52,000 $102,000 1 November 2036 $54,080 $156,080 1 November 2037 $56,243 $212,323 1 November 2038 $58,493 $270,816 1 November 2039 $60, 833 $331,649 1 November 2040 $63,266 $394,915 1 November 2041 $65,797 $460,712 1 November 2042 $68,429 $529,141 1 November 2043 $71,166 $600,307 1 November 2044

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Place – Sustainable Amenity and Built Environment PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

Ordinary Meeting of Council - 4 August 2014 Page 17

LEGAL CONSIDERATIONS

STATUTORY PROCEDURES

Section 190 of the Local Government Act 1989 provides that Council must give public notice of its intention to enter into a lease. Public notice of Council’s intention to enter into a lease must be given on Council’s website and in accordance with Council’s Official Newspaper Policy.

POLICY CONSIDERATIONS

PUBLIC NOTICE

Council’s Official Newspaper Policy provides as follows:

“The Heidelberg Leader and/or Diamond Valley Leader and/or the Heidelberg and Valley Weekly, where appropriate be appointed as Council’s official newspapers for the purpose of providing public notice except where circumstances may be deemed appropriate to use The Age and/or the Herald Sun for particular public notices.”

For the purpose of giving public notice for this proposal it is noted that the “Heidelberg Leader” is the newspaper that is generally circulated in the Ivanhoe area. Council’s intention to enter into a lease will be advertised in The Heidelberg Leader and Councils website. Members of the public can view the lease during the 28 day advertising period starting on the proposed date 12 August 2014 as per section 223 of the Local Government Act 1989 had the opportunity to provide a written submission to Council by 9 September 2014. Members of the public wishing to view the proposed lease can do so by booking a time with the Council’s nominated officer and viewing a copy of the proposed lease at a Council office. Process details will be highlighted in the advertising documents.

CURRENT SITUATION

Officers having completed negotiations on a proposed lease with Ivanhoe Grammar School, at Council’s direction will facilitate the public notice of Council’s intention to enter into a proposed lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe. On completion of the 28 day public notice period, Council will be required to consider any submissions received in relation to the proposed new lease in accordance with section 223 of the Local Government Act 1989 at a future meeting of the Council.

CONCLUSION

The proposed lease has been developed taking into consideration concerns that have been raised during the community consultation process to date. The proposed lease addresses many of the concerns and also establishes a thorough lease management and reporting structure between Council and Ivanhoe Grammar School.

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Place – Sustainable Amenity and Built Environment PUBLIC NOTICE ADVERTISING PERIOD OF THE PROPOSED LEASE OF PART OF CHELSWORTH PARK TO IVANHOE GRAMMAR SCHOOL cont’d

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Council officers believe that the negotiated position to date provides a significantly improved financial position for Council and good value for the Banyule Community and existing tenants of Chelsworth Park. RECOMMENDATION

That Council: 1. Authorise the giving of public notice, pursuant to section 190 of the Local

Government Act 1989, of its intention to enter into a 20 year lease with Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and improvements known as Chelsworth Park located at 18-28 Irvine Road, Ivanhoe.

2. Consider any submissions received in accordance with section 223 of the Local

Government Act 1989 at a future meeting of the Council. 3. Resolves, that in the event that no submissions are received, to grant the lease

to the Ivanhoe Grammar School in respect of the Council-owned land, tennis courts and other improvements known as Chelsworth Park and located at 18-28 Irvine Road, Ivanhoe, for the term of 20 years commencing on 3 November 2014.

4. That the necessary documentation to ratify the lease be signed and sealed at

the appropriate time.

ATTACHMENTS No. Title Page 1 Community Concern Summary 76

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4.3 PROPOSED APARTMENT BUILDING AT 20 MORWELL AVENUE, WATSONIA

Author: Nick Helliwell - Major Developments Planner, City Development

Ward: Grimshaw

File: P604/13 EXECUTIVE SUMMARY

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

Planning Permit Application: P604/2013

Development Planner: Nick Helliwell

Address: 20 Morwell Avenue, Watsonia

Proposal: Construction of a three storey apartment building with basement level car park and waiver of one on site visitor car parking space.

Existing Use/Development: Residential/Single dwelling

Applicant: David Watson Architect Pty Ltd

Zoning: General Residential

Overlays: Vegetation Protection – Schedule 5

Notification (Advertising): Abutting and opposite owners/occupiers and notice on site frontage

Objections Received: Twelve (12)

Ward: Grimshaw

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The proposal has a maximum height of 9.6 metres above natural ground level at the front of the site. Along its length the building steps down in scale with a maximum height of 9.1 metres in the centre and 8 metres at the rear where the building scale is reduced to two storeys. The building would be faced with a variety of treatments and materials including textured coloured render and coloured face brickwork. Each apartment would be provided with secluded private open space ranging from 8 square metres for a first floor apartment to 72 square metres for a ground floor apartment. Removal of five trees from the site is proposed to facilitate the development although planning permission is not required for their removal.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. SUBJECT SITE AND SURROUNDING AREA The site is located on the periphery of the Watsonia Neighbourhood Activity Centre on the north-eastern side of Morwell Avenue. The site is located approximately 250 metres from Watsonia railway station, 98 metres from the closest shops and 35 metres to the north-west of the Watsonia RSL. Error! Objects cannot be created from editing field codes.Figure 1 – Locality Plan The site comprises a chisel shaped parcel of land with a frontage width of 21.3 metres and a maximum depth of 49.5 metres. The site is oriented north-east to south-west and has an area of 970 square metres. The site is encumbered by two easements; the first is a 4.6 metre wide SPI PowerNet high voltage power line easement that extends across the full frontage width of the property with the second being a 1.8 metre wide drainage easement located along the north-eastern boundary of the site. The site is presently occupied by a single storey detached brick dwelling with a gabled clay tile roof. A detached flat roofed single garage is located to the rear of the dwelling and is constructed on the south-eastern site boundary. Access to the site is provided by a single width vehicle crossover located in the southern corner of the site. A low brick wall extends along the site frontage with the side and rear boundaries screened by 1.6 to 2.3 metre high close boarded timber fencing. The front garden comprises lawn and lower storey landscaping. No trees are located within the front garden with five small trees no greater than 7 metres in height located within the rear garden. The northern site boundary abuts the rear gardens of dwellings at No’s 9 and 11 Tennyson Street. The dwelling at No 9 Tennyson Street is a single story detached brick structure located a minimum of 19.2 metres from the application site boundary. This dwelling is separated from the application site by this rear garden, which also accommodates a detached brick garage and shed. The dwelling at

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No.11 is a single storey detached weatherboard dwelling located a minimum of 16 metres from the application site boundary. This dwelling is also separated from the application site by the rear garden of this dwelling, which also accommodates a detached garage and shed as well as a number of mature trees up to 18 metres in height. To the east of the site is a three unit development comprising a single storey weatherboard dwelling at the front with two, two storey weatherboard dwellings to the rear. These dwellings are separated from the application site by the driveway serving these dwellings and the car port of the rear dwelling. The dwellings are located between 3.7 and 5.9 metres from the application site boundary. To the south (frontage) of the site is the 50 metre wide road reserve of Morwell Avenue, the centre of which accommodates a high voltage electrical transmission line, beneath which is generally laid to grass and lower to middle storey landscaping. Development beyond this and opposite the application site comprises single and two storey detached dwellings with hipped clay tile roofs. To the west of the application site at 22 Morwell Avenue are two single storey dwellings with the front dwelling comprising a weatherboard structure covered with a gable ended concrete tile roof and the rear dwelling a brick structure with a zinc ridged roof. The character of the surrounding area can be described as a combination of residential and commercial uses with residential building form ranging in scale from one to two storeys in height. Commercial uses located a short distance to the south-east range in scale from single storey shops on Watsonia Road. It is worth noting the Watsonia RSL which is located two properties away to the south east and is of a similar height to the proposal.

PUBLIC NOTIFICATION

The proposal initially comprised a three storey apartment building comprising 20 dwellings and a waiver of four on site visitor car parking spaces. A notice was placed on the site frontage and adjoining and opposite land owners/occupiers were notified by post of the proposal. A total of twelve objections were received against the amended planning application. The grounds for objection are summarised as: • Building scale out of character with area • One bedroom dwellings out of character with the area • Vegetation removal/lack of landscaping • Drainage • Overlooking of abutting residential properties • Overshadowing of abutting residential properties • Car parking and traffic • Inadequate space for bin storage/collection within site frontage • Fire safety • Increased noise • Property devaluation A public consultation meeting was held with a number of the objectors, the permit applicant and the Ward Councillor.

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As a result of this meeting and discussions with the permit applicant, the application was formally amended by removing two apartments from the rear top floor section of the building to create a two storey structure at the rear and three storey building at the front. The reduction in the number of apartments also reduced the on-site visitor car parking requirement for the proposal by one space. This amended planning application was re-advertised. A total of 12 objections were received against the amended proposal with grounds remaining as outlined above.

REFERRAL COMMENTS

Referrals were made to SPI PowerNet as well as Council’s Arborist, Environmentally Sensitive Design Adviser, and Engineering Services. No objections were received from any of the referrals subject to conditions. In particular, SPI PowerNet require that no part of the proposed building be located within the high voltage power line easement, landscaping within the easement not to exceed 3 metres in height and all works within the easement to be submitted to and approved in writing by SPI PowerNet. A summary of the referral responses is provided in Attachment 2 to this report.

PLANNING CONTROLS

The planning controls applicable to the site are outlined in table 1 below: Table 1: Applicable Planning Controls Control Clause Permit

Triggered General Residential Zone 32.08 Yes Vegetation Protection Overlay – Schedule 5 (VPO5) 42.02 No Car Parking requirements 52.06 Yes

POLICIES CONSIDERED Relevant policies considered in the assessment of this proposal are outlined in table 2 below: Table 2: Relevant Planning Scheme Policy Policy Clause SPPF Settlement 11 Built Environment and Heritage (including sub clauses) 15 Housing (including sub clauses) 16 LPPF Land Use 21.04 Natural Environment 21.05 Built Environment (Accessible area) 21.06 Residential Neighbourhood Character Policy – Garden Suburban Precinct 2.

22.02

Safer Design Policy 22.03

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TECHNICAL CONSIDERATION

The following key technical considerations are considered relevant in determining the suitability of the proposal. RESPONSE TO POLICY FRAMEWORK Having regard to the relevant policies that apply to the site, on balance, it is considered that the proposal should be supported: • The proposal seeks to introduce a residential scale and typology that

represents a degree of change to the residential area which surrounds the Watsonia Neighbourhood Activity Centre. While there is no structure plan for the Watsonia Neighbourhood Activity Centre, Council’s Residential Areas Framework at Clause 21.06-2 of the Scheme indicates that an accessible site which is in close proximity to an activity centre and public transport presents an opportunity for a higher density development.

• The proposal does not strictly comply with all of the design responses set out Council’s Neighbourhood Character Policy however, given the strategic merit based around the site’s location, it is considered that less weighting, in this case should be given to the existing and preferred neighbourhood character. In particular, tree planting opportunities are limited at the front of the site due to the power line easement and basement car park however, conditions can require modifications to provide for the establishment of a medium tree at the rear of the site. It is further noted that the powerline easement restricts opportunities for large trees in front yards along Morwell Avenue which influences the existing neighbourhood character.

• The proposed development complies with the standards set out in ResCode and on this basis that an apartment style development is considered to be appropriate, compliance with the height and setback standards or ResCode indicates that the scale, massing and amenity impacts of the proposal are acceptable.

Alternatively, should Council consider that the existing Neighbourhood Character for this area be given primary weight and preserved, then the proposal may be deemed inappropriate and the application refused. Further detail is provided below in relation to height, building form and site layout, vegetation, neighbourhood character and car parking. Commentary is also provided with respect to the specific concerns raised in objection snot otherwise covered in this report and attachments. HEIGHT, BUILDING FORM AND SITE LAYOUT The proposed building extends along the depth of the block as a single built form. The proposed building form and depth on the block is significantly greater than that of immediately abutting properties, nonetheless the proposal largely complies with the detailed design requirements of Clause 55 of the Scheme or can be modified to comply subject to a permit condition. In determining the appropriateness of the built form, frontage setback is more than 9 metres from the street. This setback complies with Standard B6 of Clause 55 of the Scheme. Whilst the secluded private open space areas of the two ground floor

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apartments facing the street are located within this setback, the floor plan allows for this open space to be provided outside this area through the relocation of the terrace for apartment 1 to the northern rear side of the apartment and the provision of a balcony or terrace for apartment 8. These modifications can be incorporated as a condition of permit. In terms of building height, it is proposed that the development would have a maximum height of 9.6 metres above natural ground level. Due to the slope of the land, a maximum height of 10 metres is permitted under Standard B7 of Clause 55. The proposal complies with this building height. It is also noted that the proposed height is similar to that of the existing RSL located two properties to the south-east of the subject site. The site coverage would be 54% and is within the 60% maximum site coverage permitted under Standard B8 of Clause 55. Site permeability of the site would be 29% and exceeds the minimum requirement under Standard B9 of Clause 55. In relation to building side and rear boundary setbacks, the boundary set back to the rear of the site complies with Standard B17 of Clause 55. The proposal also complies with the required side setbacks in the more sensitive rear half of the site. Whilst there is an element of minor non-compliance at the front half of the site, this is considered to have minimal amenity impact upon neighbourhood character and residential amenity as a neighbouring driveway is located on the south-eastern side with the front garden and a mature tree located on the north-western side. However, due the existing multi-occupancy of the land either side of the site and the likelihood that this pattern of development is unlikely to change in the near future, it is considered appropriate that these setbacks be modified to comply with Standard B17 in order to minimise the potential visual bulk of the proposal as viewed from neighbouring property and from the street and surrounding area. It is considered that this can be achieved without compromising the integrity of the architecture or the level and standard of accommodation provided and will be required as a condition of permit. A copy of the assessment of the proposal against Clause 55 is annexed at Attachment 3 to this report. VEGETATION AND NATURAL ENVIRONMENT All vegetation on the site is to be removed. The submitted arborist report supports the removal of these trees and Council’s arborist raises no objection. The setback of the building from the rear boundary ranges from 1.8 to 5.8 metres due to the angle of the boundary. This provides in area in accordance with the Development Planning department’s Tree Planting Guidelines which can provide sufficient space for a medium tree to be planted in this location, supplemented by smaller screen trees, middle storey and screening landscaping generally along site boundaries. One basement car parking space will be required to be removed to provide sufficient in ground planting space within the site and this will be required as a condition of permit. Combined with the stepped building form towards the rear of the site, this planting will not only serve to soften the setting of the development and views from neighbouring property, but will also enhance the garden setting of the development for future residents. Sufficient space is also provided along the side

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setbacks for the provision of three small trees on either side of the development either within planter tubs or in the ground. Planting within the front garden of the building is limited to some extent by the power line easement and the SPI PowerNet permit condition requiring that planting within the easement have a mature height no greater than 3 metres. However, with the modifications to the design and location of the secluded private open space areas for the two ground floor level apartments facing the street, sufficient space will be available for the planting of a large shallow rooted tree, such as a palm, within the front setback to further soften the presentation of the development to the street without encroaching into the power line easement. These landscaping requirements can be required as a condition of permit. NEIGHBOURHOOD CHARACTER The siting and design of the proposed building is considered to meet the built form and landscape objectives and design response outcomes of Council’s Neighbourhood Character Study which are relevant to such a proposal within an Accessible Area. In particular, due the high voltage power line in front of the site, the presence of large canopy trees within front gardens and the streetscape generally is not a characteristic of the area and planting of vegetation with a mature height of more than 3 metres is not supported within the power line easement. The planting of trees within the front set back of the proposal is constrained by the power line easement yet the proposal provides space for the planting of at least one medium sized tree within the front set back clear of the easement. Conditions can require modifications to provide for the establishment of a medium tree at the rear of the site. A detailed Neighbourhood Character Assessment of the proposal is annexed at Attachment 4 to this report. AMENITY IMPACTS Overlooking of neighbouring properties from the proposed development will largely be controlled at ground level through existing or proposed boundary fencing of a minimum height of 1.7 metres and 1.7 metre high screening of balconies and frosting of windows to upper floors. Some additional screening of upper level windows is required on the south-eastern side to control potential overlooking within 9 metres of neighbouring habitable room windows and this is required as a condition of permit. This will ensure compliance with Clause 55 of the Scheme. In terms of overshadowing, shadow diagrams have been provided as part of the application. These diagrams demonstrate that whilst there will be some overshadowing of neighbouring residential property, the orientation of the lot combined with the siting and design of the proposal and the configuration of neighbouring dwellings will ensure that overshadowing will be minimal. The proposal is compliant with Clause 55 of the Scheme.

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CAR PARKING Under Clause 52.06 of the Scheme, the parking requirement of the development is 21 parking spaces (one space for each dwelling and one space per 5 dwellings for visitors). The proposed parking provision is 20 parking spaces (18 residential and 2 visitor), which is a shortfall of 1 visitor parking space under the standard rate. Under clause 52.34, no on site bicycle parking is required due to the scale of the development although 5 communal bicycle racks are proposed within the basement car park. Council’s traffic engineers raise no objection to the waiver of two on site visitor car parking spaces, which includes an additional space to facilitate screen planting at the rear of the site. The provision of one on site visitor space is supported based on the proximity of the site to public transport and the short stay nature of visitors. It is recommended that a car park intercom system be required at the car park entry as a condition of permit to facilitate visitor access. These modifications will be required as a condition of permit.

OBJECTOR’S CONCERNS

The following additional concerns have been raised by objectors with a response provided to each of the matters raised. One bedroom dwellings out of character with the area State and Local planning policy seeks to provide housing diversity in and around activity centres such as Watsonia. The proposal seeks to provide eight one bedroom apartments, representing 44% of the total number of dwellings proposed. This is considered to be consistent with planning policy. Waste collection A refuse and recyclables storage area is provided within the basement car park for residents. A waste management plan is required as a condition of permit to confirm how waste is to be collected from the premises. Fire safety Fire safety of the development is in this instance a Building Regulation matter and not a material planning consideration. Inadequate Service Infrastructure The application site is an existing serviced lot within an established developed urban area. It is therefore considered that the site is serviced by existing urban infrastructure that is capable of servicing the development. Any upgrade of this infrastructure, be it for drainage or similar works, will be required to be borne by the permit applicant.

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Noise Pollution In terms of noise transmission to site boundaries from activities occurring within the building, noise attenuation of the building would be addressed under the Building Regulations at the construction stage. In terms of noise transmission from residents using outdoor areas, there is no evidence that the use of these areas will result in excessive or unreasonable noise. The noise that is likely to be generated is that associated with residential use and activity. This is to be expected in residential areas. A condition is required to ensure that air-conditioners and other plant and equipment installed on or in the building to be positioned and baffled so that any noise emitted complies with the appropriate Australian Standards and EPA requirements. Precedent for Future Development Each application is considered on its merits and precedent is not considered a justification for development. Devaluation of Property Some concern has been raised about impact on property values as a result of the proposal. Alleged depreciation of land values as a result of a proposed use or development is not a relevant ground on which to refuse a proposal. That is, property value is not, in itself, a planning consideration. Loss of Views Loss of a view is not a material planning consideration in this instance.

CONCLUSION

The proposal is considered to be consistent with planning policy to promote medium density housing within an accessible area and provide an appropriate design response to relevant neighbourhood character considerations for such areas. The proposal is generally consistent with ResCode and is considered acceptable subject to conditions.

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RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P604/2013 for Construction of a three storey apartment building with basement level car park and waiver of two on site visitor car parking spaces at 20 Morwell Avenue WATSONIA 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 on 22nd May 2014 but modified to show:

(a) Increased provision for natural daylight and passive solar energy to south-east facing elevations of bedrooms of apartments 5,6,7,9 and 15 through provision of high level windows with a minimum sill height of 1.7 metres above finished floor level and increased glazing and additional windows in the north-east facing elevations of apartments 4,11 and 12;

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

(c) 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;

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.

(d) The Tree Preservation Fencing in accordance with Condition 15 of this permit;

(e) Deletion of car parking space No. 15 and realignment of the rear basement car park wall to provide additional landscaping space to the rear of the site and sufficient manoeuvring space for vehicles within the basement car park in accordance with Figure 2.3 of AS/NZS 2890.1 – Parking Facilities, Part 1: Off Street Car parking;

(f) A schedule of non-reflective 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;

(g) The location and sizing of solar hot water units; (h) All sustainable design features indicated in the submitted Sustainable

Management Plan (SMP). Where sustainable design features outlined in

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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);

(i) The width of car space 7 increased to 3 metres with all other car spaces having a minimum dimension of 4.9 metres x 2.6 metres;

(j) Designation of one visitor car parking space within the basement car park;

(k) A car park intercom to facilitate visitor access to the basement car park;

(l) All boundary setbacks to comply with Standard B17 of Clause 55 of the Banyule Planning Scheme;

(m) Relocation of the terrace for Apartment 1 to the northern rear side of the apartment and associated internal reconfiguration; and the provision of a balcony or terrace for Apartment 8 on the façade of the building in accordance with Standard B28 of Clause 55 of the Banyule Planning Scheme;

(n) Provision of raised planter beds within the front setback of the development between the building façade and the edge of the high voltage power line easement and along the side boundaries above the basement car park to provide for canopy tree planting and landscaping;

(o) Additional screening of south-eastern upper level windows to control potential overlooking within 9 metres of neighbouring habitable room windows in accordance with Standard B22 of Clause 55 of the Banyule Planning Scheme;

(p) Design, treatment, materials and colour scheme of the car park entry ramp retaining walls and security gate;

(q) Deletion of the southern side balcony of Apartment 12

(r) Each apartment provided with a total volume of storage in accordance with Standard B30 of Clause 55 of the Banyule Planning Scheme.

(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) Details of planting, formed garden beds and hard landscaping throughout the site;

(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;

(e) Provision of replacement planting for vegetation that is to be removed including a minimum of two medium sized canopy trees (mature height of at least 10 metres) planted at a semi-advanced state (minimum pot size 16 litre) within the front setback and one medium sized canopy tree (mature height of at least 10 metres) within the rear setback of the development and small trees to be planted throughout the site;

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

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

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

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

(k) All trees and shrubs planted on the SPI PowerNet easement to not exceed 3 metres maximum mature growth height

(m) Provision of screening vegetation along side setbacks to soften views of the development from neighbouring properties.

(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

development permitted by this permit must not be commenced until the tree protection measures required by Condition 15 are installed to the satisfaction of the Responsible Authority.

(5) 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).

Amenity (6) Outdoor lighting must be designed, baffled and located to the satisfaction of the

Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.

(7) Noise emissions from the subject land and from any equipment required for

refrigeration, air-conditioning, heating, ventilation and the like must comply with Environmental Protection (Residential Noise) Regulations 1997 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

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

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Authority. Car Parking / Access (10) 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.

(11) 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.

(12) 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 nature strip 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.

(13) 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.

Tree Protection / Landscaping (14) Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of works (including demolition) on the site, Tree Preservation Zones must be established around Trees 1 and 2 as identified in the arborist report prepared by Open Space Management dated 29 August 2013 . 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

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1.5 metres of chain mesh or like 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.

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

(15) Any tree pruning that may be required is to be carried out by a trained and

competent arborist who has a thorough knowledge of tree physiology and

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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.

Rubbish Collection (16) Concurrent with the endorsement of plans, a Waste Management Plan must be

submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

a) Dimensions of waste areas. b) The number of bins to be provided and capacity. c) Details on method and frequency of cleaning and maintenance of waste

areas. d) Details of ventilation. e) Details of unwanted goods storage. f) Method of waste and recyclables collection including the need to provide

for private services or utilisation of Council services. g) Hours of waste and recyclables collection. h) Measures to minimise impact upon local residential amenity. i) Method of presentation of bins for waste collection. j) Strategies for how the generation of waste and recyclables from the

development will be minimised. k) If waste is to arrive in the ground level refuse room via a chute system

details as to how waste will be sorted into hard and recycling waste to ensure minimal landfill results.

When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority.

SPI PowerNet (17) No part of the proposed building, including eaves, awning, canopies, shelters

and the like, is permitted on SPI Powernet’s easement. (18) Any services traversing the easement must be installed underground. (19) All trees and shrubs planted on the easement must not exceed 3 metres

maximum mature growth height. (20) The storage of flammable materials is not permitted on the easement. (21) Natural ground surface levels on the easement must not be altered by the

stockpiling of excavated material or by landscaping without prior written approval from SPI PowerNet.

(22) Vehicles and equipment exceeding 3 metres maximum operating height are not

permitted on the easement during construction without prior written approval from SPI PowerNet.

(23) Scaffolding is not permitted on the easement.

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(24) All future works within the easement must be submitted to SPI PowerNet and

approved in writing prior to the commencement of work on site. Construction Management Plan (25) Prior to the commencement of any site works including demolition and

excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:

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 movements of vehicles to and from the site during

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

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

activities; h) cleaning and maintaining surrounding road surfaces; i) hours for construction activity j) a liaison officer for contact by owners / residents and the Responsible

Authority in the event of relevant queries or problems experienced; k) any requirements outlined within this permit as required by SPI

PowerNet; l) measures to ensure that sub-contractors/tradespersons operating on the

site are aware of the contents of the Construction Management Plan; (m) any construction lighting to be baffled to minimise intrusion on adjoining

lots. Time Limits (26) 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

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(b) Within six months afterwards, or

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

NOTES (A) Waste Management Requirements

Recent research indicates that weekly rubbish and recycling generation rates for townhouses and apartments are in the order of: Waste source Garbage Comingled

recycling Townhouses 120 litre 120 or 240 litre Apartments (1 Bedroom) 80 litre 80 litre Apartments (2-3 Bedroom) 100 or 120 litre 120 litre

Any waste management plan should have regard to these generation rates in making recommendations with respect to bin volumes and collection frequency.

(B) 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.

(C) Additional approvals required A Building Permit must be obtained prior to the commencement of any works

associated with the proposed development. (D) 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.

(E) 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.

(F) Street Numbering

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Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan and this should be discussed with Council at that time.

ATTACHMENTS No. Title Page 1 Amended plans 97 2 Referral responses 113 3 Clause 55 assessment 114 4 Neighbourhood Character Assessment 118

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4.4 DEVELOPMENT PLANNING ACTIVITIES REPORT 2013/2014

Author: Joel Elbourne - Manager Development Services, City Development

File: F2014/1825 EXECUTIVE SUMMARY

This report presents and provides commentary on the 13/14 financial year activities of Development Planning including applications received and determined, backlog, processing timeframes, planning investigations and infringements and planning appeals. The report will also present the results of and provide commentary in relation to a customer service survey recently carried out. Key highlights from 13/14 financial year include: • The number of applications being determined is steady however, there has

been a considerable increase in the number of applications being lodged which is attributed to the new residential zones.

• There has been a 52% increase in multi dwelling applications lodged with Council.

• Processing the backlog of planning applications will be a key challenge for Development Planning in the coming financial year.

• 71% of planning applications were processed within 60 statutory days in line with the corporate KPI of 70%.

• The degree of complexity in assessing multi dwelling applications for 3 or more dwellings has increased with Council’s expectations around Environmentally Sustainable and Livable design.

• The number of appeals received has halved compared with the 11/12 financial year.

• The number of refusals affirmed by the Tribunal has doubled compared with the 12/13 financial year.

• A Customer Service Satisfaction carried out by Development Planning indicates that satisfaction is marginally higher (61%) than the 2014 Local Government Customer Satisfaction Index (CSI) results (56%).

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

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BACKGROUND

On 13 September 2010, Council received the first of a number of ongoing reports regarding town planning activity at VCAT affecting Banyule City Council. That report outlined the types of appeals, the number of appeals lodged, the number of decisions received, as well as the types of decisions. Subsequent reports have presented six monthly data from 2010 to date. The report has previously been expanded to include: • Details and commentary of planning permit activity which will also be presented

in six month increments. • The total number of applications received and determined; and • A breakdown by application type (multi-dwelling development, tree removal,

subdivision, other or Section 72 Amendment). • Planning complaints/investigations (Planning Permits and the Planning

Scheme) • Tree removal applications; and • Information in relation to gross timeframes for all planning applications.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

CORRECTION TO PREVIOUS REPORT

The maintenance of the data in the corporate system is important so that the understanding of workload is accurate. While this is carefully monitored throughout the year, retrospective verification of data establishes a clearer picture of actual workload. In relation to the data previously reported, it is noted that a greater number of applications had been processed by officers such that the actual number of outstanding planning applications was 328 and not 362 as previously reported in the report to Council of 12 August 2013. As such, at the turn of the 12/13 financial, the Planning Department had hit its target of 330 live applications.

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4.4

Figure 1: Corrections to previous data

PLANNING PERMIT APPLICATIONS RECEIVED AND DETERMINED (13/14 Financial Year)

All Planning Applications

The 12/13 financial year resulted in a minor reduction to the backlog of live planning applications. The results for the 13/14 financial year show that the backlog of application has continued to grow with a noticeable increase in June resulting in an increase of 63%.

While the number of applications received each month were, in most months, greater than that month in the previous financial year, the number of applications received in June 2014 was 2.13 times greater than June 2013. In the 13/14 financial year, 243 more applications were received than in the previous.

The total number of determinations made was comparable to the 12/13 financial year with 17 less determinations made in the 13/14 financial year. It is worth noting that Councils expectations have increased in relation to Environmentally Sustainable and Livable design outcomes which has increased the complexity of assessment of multi dwelling proposals for 3 or more dwellings. In this regard, the continued output of applications is a positive indication of performance.

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Figure 2 – Planning Permit Applications

Processing Timeframes

The Development Planning Team reviews the status of all live planning applications with a gross timeframe greater than 300 days on a weekly basis. As part of this review, an average gross ‘days in Council hands’ timeframe is produced which provides a useful performance indicator in relation to how long it takes, on average, for the team to determine an application. Figure 3 indicates that this reduced considerably toward then end of 2013 yet is at a similar level at the end of the financial year to the beginning. While a lower “live average gross days” result is an indication of good performance, this result can also be influenced by the other factors. For example, a spike in new applications will reduce this average would lead to a lower the result, as would the determination of an application with a higher number of gross days.

It is noted that 71% of planning applications were determined within 60 statutory days for the 2013/2014 financial year which is in line with the 70% set out as a Key Performance Indicator and a 4% improvement compared to the 2012/2013 financial year.

Figure 3 – Live Average Gross Days ‘In Council Hands’ for all applications.

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Applications by type

Figure 4 details the applications received by type including permit applciations for tree removal, multi dwelling applications, subdivision, other permit requirements and amendments to permits. While there was a lower number of applications lodged for tree removal, there was a greater number of planning applications lodged in the 13/14 financial year for all applications types compared with the 12/13 financial year.

It is suggested that the new Residential Zones have been an influence in the increase in applications and the end of financial year spike was also experienced by other middle suburban municipalities. It is also possible that additional applications being lodged by the Department of Human Services in relation to the Olympia Housing Initiative have contributed to a higher number of multi-dwelling planning permit applications. Compared to the previous financial year, there has been a 52% increase in multi dwelling applications lodged with Council. The assessment of multi dwelling applications requires a greater degree of officer time to assess compared with all other application types and the department is mindful that this must not be at the expense of timely decision making for such assessments.

Figure 4 - Planning permit applications received by type

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Figure 5 – Planning permit applications determined by type.

With the exception of tree applications in the first half and amendments in the second half, less applications were determined than received in the 13/14 financial year. As consideration of a multi dwelling application demands more resources than other application types, processing the back log of multi-dwelling applications will be a challenge for the development planning team as it was in the second half of 2011.

It is also noted that the number of applications for tree removal has slightly reduced.

Tree Permit Applications

The number of applications lodged and determined for tree removal are shown in figure 6 below against the actual and target outstanding workload The number of applications sought for tree removal has ranged between 35 and 58 per month and the department must be responsive to these variations to maintain an outstanding workload no greater than 30 applications.

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4.4

Figure 6: Tree Permit applications received and determined by month.

PLANNING INVESTIGATIONS

An average of 23 breaches of Planning Permits and the Planning Scheme were brought to the attention of the Development Planning Team each month in the 13/14 financial year which is 5 less than the previous year.

These breaches relate to built form (such as development, overlooking and signage), land use and vegetation removal. Figure 7 below indicates the number of complaints received and closed each month.

Figure 7 – Planning complaints/investigations received and closed.

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Figure 8 below indicates the total number of complaints that are yet to be resolved.

Figure 8 – Live Planning Investigations

Figure 9 below indicates the number of Planning Infringement Notices issued per month and the number that have been paid or withdrawn. The number of outstanding Infringements continues to grow and these are typically pursued through the Magistrate’s Court.

Figure 9 – Planning Infringement Notices Issued and Paid/Withdrawn

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PLANNING APPEALS RECEIVED (13/14 Financial Year)

The total number of appeals received for each six month interval since 2009 is detailed in Figure 10 below. The number of appeals against planning decisions has declined in the 13/14 financial year. The total number of appeals received in the 1st

half of 2013 increased by about one quarter over the previous six months to a total of 51. The number of appeals received in the 2nd half of the 13/14 financial year were less than half of the number of appeals received in each 6 month period 2 financial years ago.

Figure 10 – Total appeals received for each six month interval

The number and types of appeals for each six month interval are reflected Figures 11 to 13 below. Appeals against decisions to refuse applications continue to represent a majority of the types of appeals received (generally half of all appeals including failure appeals).

Figure 11 – Appeals against Refusals and Failure to Determine.

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While the number of appeals against refusals correlates with a general trend in declining appeal numbers since 2011, this is not the case for appeals against conditions by applicants which remains comparatively high. This is also true in relation to objector appeals against Council decisions, as this has gone from 10% in the 1st half of 2013 to 17% in the 1st half of 2014.

Figure 12 – Appeals received against Notice of Decisions to Grant a Planning Permit and Appeals against Conditions on a Permit.

A subtantial increase in the number of enforcement orders being lodged is also apparent in figure 13. This is due to additional reosurces and clearer direction in relation to unauthoirsed removal of protected vegetation as well as a number of land uses which are in contravention of the Banyule Planning Scheme.

Figure 13 – Appeals received in relation to section 87A amendments, Extensions to permit timeframes, enforcement orders and other matters.

DECISIONS RECEIVED (13/14 Financial Year)

A total 107 decisions were received in the 13/14 financial year compared to 131 in the previous financial year as shown in figure 14 below. The trend is to be expected given the reduction in the number of appeals being lodged in Banyule apparent since 2012.

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Figure 14 – Appeal decisions received for each 6 month category.

Appeals against Refusals

Figure 15 below sets out the number of refusals upheld by the Tribunal against the number set aside. There is a notable increase in the rate at which refusals are being affirmed by the Tribunal which was 22.5% and 23.5% in the 12/14 financial year compared with 43.2% and 46.2% in the 13/14 financial year.

Figure 15 – Refusals affirmed and set aside

Appeals against Notice of Decisions to Grant a Permit

Figure 16 below details the number of appeals against Notice of Decisions to Grant a Permit (objector appeals). The percentage of Notice of Decisions set aside by the Tribunal remains low.

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Figure 16 – Notice of Decisions to Grant a Permit affirmed and set aside.

Other appeals

Figures 17 and 18 below detail the outcomes of appeals against extensions of time as well as the number of decisions received for other appeal types. There has been a substantial decrease in the number of applications made to the Tribunal to extend permit timeframes owing to legislative changes.

Figure 17 – Request to extend permit timeframes

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Figure 18 – Other Appeals

Details of Decisions

It is noted that Councillors are now receiving a monthly release of detailed decision summaries through the Councillor Briefing Note system.

Notable Decisions

Heights in Heidelberg (Heidelberg Activity Centre and Medical Precinct)

The Tribunal has handed down two decisions in relation to development sites within the Heidelberg Activity Centres (3 - 5 Cartmell Street and 10 Martin Street). In both cases, the Tribunal supported additional heights (maximum two storeys) above the preferred heights set out in the Design and Development Overlay.

Buckingham Drive (Banyule Homestead)

The Tribunal affirmed Council’s refusal for the construction of three dwellings, associated vegetation removal and land subdivision at 60 Buckingham Drive, Heidelberg. A restrained approach which places the balance in favour of achieving an appropriate environmental and character outcome was warranted.

The Tribunal also found the proposal to be out of keeping with the character and appearance of the area, conflicting with the pattern of development, in terms of setbacks to the escarpment forming the edge to Banyule Flats and the Yarra River.The Tribunal considered the proposal would set an inappropriate benchmark for development to be allowed as close to the edge of the escarpment as proposed and did not respond in an appropriate way to the nature and key elements of the landscape as well as the landscape objectives of Significant landscape Overlay –Schedule 1. In the opinion of the Tribunal, this finding alone warranted rejection of the proposal.

In terms of neighbourhood character, the Tribunal found the proposal to be unsatisfactory from a neighbourhood character viewpoint having regard to the proximity of development to the rear boundary. The proposal involved relatively large

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two storey dwellings which extend into the line of consistent setbacks created by existing dwellings. Considered in the context of the land’s adjacency to the Banyule Flats, this was not considered to be an appropriate approach. Increased setback from the escarpment commensurate with that of other dwellings on Buckingham Drive, together with landscaping, would achieve a more acceptable outcome. The Tribunal also agreed that the proposal would have a significant adverse impact upon the rear of the dwelling at 58 Buckingham Street next to the site. The Tribunal recognised the outlook of this property toward the river flats and that this area that provided a high level of amenity and relatively free from obstruction from buildings on neighbouring properties which have similar setbacks. It was considered that the presentation of a large double storey dwelling directly adjacent to the rear open space area would bring about substantial change and greatly diminish the amenity of the rear secluded private open space to an unacceptable level. Heritage Victoria granted a permit which allowed the proposed development to proceed and as such, matters relating to the impact on the historic significance of the homestead were not open to consideration. DEVELOPMENT PLANNING CUSTOMER SERVICE The recently completed Local Government Community Satisfaction Index (CSI) results provide an indication of community satisfaction in relation to Council Services including the performance of the Development Planning unit. The 2014 CSI results indicate that: • 95% of those surveyed believed that Council’s overall performance (all

services) was average, or better than average, with 66% giving a rating of Good or Very Good.

• 4% of people indicated that Council most needed to improve its Town Planning/Permits service.

• 78% of respondents believed that Council had performed average, or better than average on ‘enforcement of Local Laws’. It is anticipated that this response would have some relevance to the enforcement of planning controls.

• 92% of people believed that Planning and Building Permits were an important responsibility of Council.

• 56% of people considered that Council’s performance on Planning and Building Permits was average, or better than average, in the last 12 months.

There are limitations with the indications provided in the CSI. It does not target specific users of a service and the questions asked of respondents are broad. To provide for a better understanding of customer service satisfaction for the Development Planning function, an on-line survey was sent to 174 customers of Council’s Development Planning unit in June. Those included were sourced from a broad cross-section of the unit’s customers from the 2013 calendar year, and included permit applicants, objectors, complainants, and those seeking specific planning advice. Responses have been received from 18% of those surveyed. It is noted that of those responding: • 42% were objectors, • 35% permit applicants, and • 19% complainants in an enforcement matter.

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Of the permit applicants 45% had lodged one application with Council since the beginning of 2013, and 45% had lodged two to five applications in that time period. This, and the fact that 64% of the applications lodged by the respondents were for new single dwellings or dwelling additions, indicates that those responding to the survey may have had a lower planning knowledge and differing expectations than a group of more regular customers.

By comparison, 61% of the 2013 planning customers surveyed indicated that they were satisfied with the overall performance of the Unit as shown in figure 19 below.

Figure 19 – Development Planning customer satisfaction levels 2014

The majority of respondents also indicated that they were satisfied with the professionalism of the officer assessing the application, their technical and procedural knowledge, helpfulness and phone manner. 52% were dissatisfied with the time taken to make a decision, and suggestions for improvement include:

• Ensuring that simple applications are dealt with more quickly, and are not ‘lost’ amongst more complicated ones;

• Working harder to ensure applications are processed within 60 days.• Other areas of specific comments relate to:• The knowledge of staff, and in particular those without formal planning training.

This was balanced against some respondents praising some specific planning officers.

• The workload of staff, and the impact this has on their ability to be proactive with communication as a result;

• Perceptions that officers: o Do not work and mediate with permit applicants sufficiently; ando Had made a decision on an application before a consultation meeting,

which is unfair to residents.

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Figure 20 below sets out a comparison with the 2004 survey which indicates that similar concerns with respect to the time in which matters were dealt with at that point in time. There has been a general drop in satisfaction with the technical and procedural knowledge of officers, their professionalism and helpfulness. This has also resulted in a reduction in satisfaction in the overall service received.

Figure 20 – Customer Satisfaction with Development Planning Service 2004 and 2014

Specific areas of service improvement were also identified by respondents to the 2014 survey include:

• The provision of online access to information for applications.

• Being proactive with communication, including ensuring that correspondence and phone calls are responded to.

• A need to be mindful that customers of the Unit may not be familiar with the planning process.

It is also noted that some respondents confused the role of the Development Planning Unit in assessing individual applications with the broader Council and State Government roles with respect to closure of school sites and the provision of infrastructure. Comments made appear to indicate that these have resulted in some reduction in satisfaction of the service received.

ISSUES AND CHALLENGES

In moving forward, Development Planning will need to be mindful of:

• Addressing the backlog of planning applications resulting from the influx of multi-dwelling proposals.

• Continuing to process a high number of applications within 60 statutory days in line with the corporate KPI of 70%.

• Achieving a high standard of communication with applicants and other community stakeholders associated with planning permit applications.

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CONCLUSION

The planning permit and VCAT activity within the 13/14 financial year again provides a positive indication of the performance of the Planning Department. The report also identifies some clear trends and pressures in relation to new applications, Tribunal outcomes and the workload of the department as well as opportunities for improvement in relation to customer service.

RECOMMENDATION

That Council notes the Development Planning Activities report.

ATTACHMENTS Nil

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Performance - Use Our Resources Wisely

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6.1 ENGINEERING SERVICES ACTIVITIES REPORT 2014

Author: David Bailey - Engineering Co-Ordinator, City Development

File: F2014/307 EXECUTIVE SUMMARY

The Engineering Services Unit of the City Development Directorate provides a wide range of Council services and has seen a significant increase in work requests over previous years and a changeover of strategic staffing. The purpose of the report is to give an update of the achievements in 2013/14 including: providing responses to over 3,600 Councillor and customer requests; responded to 361 planning referrals; preparing 32 Council reports; delivering $740,000 capital works projects; and developing three major policy documents. OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “plan and manage the systems and assets that support Council’s service delivery”.

BACKGROUND

The Engineering Services Unit of the City Development Directorate provides a wide range of Council services including the preparation of Council Reports; transport and traffic engineering advice; traffic, drainage and development related customer requests; traffic response to planning applications; development and delivery of capital works projects; and assistance in the design and delivery of capital works by other Council Departments. This report outlines the scale, extent and success of the Engineering Services Unit. While the report indicates that the type of work undertaken is consistent with previous years, it highlights that the extent of work in all areas is increasing on a year-to-year basis.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

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DISCUSSION

Engineering Services has achieved success whilst dealing with an increasing workload and staffing pressure. Key highlights for the year include: Council Reports Engineering Services prepared 32 Council Reports addressing issues including parking alterations, school crossings, traffic management, pedestrian and cyclist facilities, drainage, transport policy & strategy, public transport access & amenity, petitions and advocacy. In addition, eight Council Briefings were prepared. Councillor & Customer Requests Responding to Councillor and customer requests forms a major element of Engineering Services workload. During the year 1,722 transport and road safety related requests were completed, reflecting an average of 143 per month. The volume of requests shows a continued increase over previous years. They included simple requests for information through to requests involving complex investigations into traffic, speed and transport related issues requiring a significantly longer time to resolve. 96% of all requests were completed within the agreed timeframe.

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Figure 1 Graph showing growth in Transport requests Similarly 1,905 drainage and development related requests were completed, averaging 155 per month. The requests included: Planning Referrals: Assessment of drainage designs for new developments; Applications for building over easements; Provision of legal point of discharge advice; Flood level assessments; and responses to customer requests and Counter enquiries relating to drainage systems or Engineering requirements for new developments.

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Figure 2 Graph showing growth in Development & Drainage requests Planning Applications Council received 1,131 planning applications, of which 360 were referred to Engineering Services to assist in the assessment of vehicular access, parking, traffic management as well as drainage connection, stormwater management and requirements to provide new stormwater assets. Capital Works Program Engineering Services successfully completed transport capital works infrastructure projects with a value of $480,000 including traffic management works; school & pedestrian crossings; parking; and road safety. Funding for the development of the Heidelberg Car Parking Strategy is allocated (with additional funding) in 2104/15 to enable it to be completed. Similarly drainage capital works infrastructure projects were completed with a value of $240,000. These included: flood mitigation works at Maltravers Road in Ivanhoe; retarding basin improvements at Gilmour Court; and various improvements to inlet structures to address local flooding issues. Engineering Services provided design and project management assistance for other projects including shared trails design; traffic management; drainage; and streetscape design in association with traders associations. Policy & Strategy The management of the road and drainage infrastructure is a major priority for Engineering Services. To better manage current and long term issues, the following policy and strategy documents were completed: • Rights of Way Policy & Guidelines • Build Over Easement Guidelines A significant new initiative undertaken was the Strategic Stormwater Network Catchment Analysis. This is a leading piece of work that puts Banyule ahead of most municipalities and is the most comprehensive assessment of the hydraulic performance of Council’s drainage network ever undertaken. It greatly improves Council’s ability to respond to flood level enquiries and provides reliable information

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to ensure that new developments are built appropriately in flood prone areas. Further work will be undertaken to prepare the plans to include in a Special Building Overlay. Education, Road Safety and Sustainable Transport Engineering Services convenes the Banyule Bicycle Advisory Committee and the Banyule Road Safety Committee which meet quarterly, with active community involvement. Through these committees, Engineering Services has successfully applied for funding from sources including VicHealth, Transport Accident Commission and RoadSafe to undertake a range of educational and road safety initiatives with the community. These include Walk to School month, Ride to Work and School events, Wiser Driver program, Child Restraint Checking, Scooter awareness training, TravelSmart Maps, Safe Routes to School, Safety Vests at Schools and BikeEd. Advocacy Engineering Services continues to work with VicRoads, the Department of Transport, Planning and Local Infrastructure, Public Transport Victoria, adjoining municipalities and other agencies to progress Council’s priority advocacy projects. Significant progress has been made towards improvements in several areas including major arterial roads (e.g. Rosanna Road safety and amenity, Para Rd/Rattray Rd traffic signals); bus services (e.g. increased service levels on Routes 250, 251 & 350); bicycle (e.g. Greensborough Hwy off-road bicycle lane); and pedestrian (e.g. Heidelberg 40kph zone).

CONCLUSION

With a significant increase in work requests over previous years, Engineering Services has achieved significant success in 2013/14, providing responses to over 3,600 Councillor and customer requests; responded to 361 planning referrals; prepared 32 Council reports; delivered $740,000 capital works projects; and developed three major policy documents. RECOMMENDATION

That Council notes the Engineering Services update report.

ATTACHMENTS Nil

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6.2 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, City Development

File: F2014/337 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: 14 July 2014

Type of Meeting: Councillor Briefing

Matters Considered: Banyule Co-Housing

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 Daniel Kollmorgen - Manager Strategic Economic Development

Others Present: Ian Walker Jo Towler Heather Smith

Conflict of Interest: Nil

2 Date of Assembly: 21 July 2014

Type of Meeting: Councillor Briefing

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Matters Considered: Items on the Council Agenda for the Ordinary Meeting of 21 July 2014 (excluding confidential items) as listed below:

1.1 Laane Avenue, Rosanna - Request for Traffic Management

1.2 Ivanhoe Civic Precinct Master Plan Petition 2.1 Review of Council's Domestic Animal

Management (DAM) Plan 2012-2016 2.2 Olivia Newton-John Wellness Walk:

Sunday, 28 September 2014 2.3 Support for Banyule’s Local Community

Groups and Organisations 3.1 Consideration of solar photovoltaic (PV)

panels at NETS Stadium Macleod 4.1 Bungay Street, Watsonia - Traffic

Investigation 4.2 Paid Parking - Mount Street, Heidelberg 4.3 Panel Report - Banyule Planning Scheme

Amendment C9 4.4 Notice of intention to sell land: 229 Banksia

Street, Ivanhoe (former Bellfield Primary School site)

4.5 22 Station Road, Rosanna 4.6 Watsonia Motor Show: Saturday, 8

November 2014 4.7 Approval of New Residential Zones for the

Banyule Planning Scheme 5.1 Multicultural Advisory Committee -

Appointment of Additional Members 5.2 Community Development Grants Proposal 6.1 Assembly of Councillors 6.2 Procurement Policy 8.1 St Helena Secondary College - Sports

Precinct Masterplan

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

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

Others Present: Nil

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Conflict of Interest: Nil

3 Date of Assembly: 28 July 2014

Type of Meeting: Councillor Briefing

Matters Considered: 1. Vic Roads Update 2. Asset Development Program 3. Burgundy Hill Development Site

Councillors Present: Steven Briffa Craig Langdon Tom Melican Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets and City Services Joel Elbourne – Acting Manager Development Services Sanjev Sivananthanayagam – Transport Engineer Tim Partridge – Team Leader Transport David Bailey – Coordinator Engineering Services Arun Chopra – Manager Major Projects and Infrastructure Nick Helliwell – Development Planner

Others Present: Patricia Liew - VicRoads (Item 1 only) Nick Fisher – VicRoads (Item 1 only) Ian Mann (Item 2 only) Martin Hall (Item 3 only) Giovanni Gatini (Item 3 only) Chris Godsell (Item 3 only)

Conflict of Interest: Nil

RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS Nil

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6.3 REVIEW AND UPDATE OF DELEGATIONS Author: Vivien Ferlaino - Governance & Information Co-ordinator, City Development

File: F2014/38 EXECUTIVE SUMMARY

The Local Government Act 1989 (LGA) allows Councils to delegate to council staff certain powers by instrument of delegation. There are numerous statutes which confer a responsibility on Councils to take action or determine matters, it is not practical for the Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on the Council. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council. A delegated decision, once made, is for all legal purposes a decision of the Council. For delegations to remain current, they are reviewed generally once to twice a year based on advice from Council’s solicitors (Maddocks) who provide updates throughout the year. The following delegations are being reviewed: the delegation to the Chief Executive Officer and the following Acts and associated regulations: Domestic Animals, Environment Protection, Food, Planning, Residential Tenancies and Road Management. In undertaking this review, a range of general and minor matters raised by Maddocks have been addressed and incorporated into the revised Instruments of Delegation, proposed for adoption by Council. OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

In accordance with section 98(1) of the Local Government Act 1989 a Council may by instrument of delegation, delegate to a member of its staff any power of a Council under this Act or any other Act other than—

(a) this power of delegation; and (b) the power to declare a rate or charge; and

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(c) the power to borrow money; and (d) the power to approve any expenditure not contained in a budget

approved by the Council; and (e) any power of the Council under s223; and (f) any prescribed power.

Council subscribes to a delegation package by Maddocks Solicitors. An update is received twice a year and includes advice and changes to legislation. The Council delegations were last reviewed in October 2013. This current review makes minor amendments to the guidelines associated with the delegations and as per the advice from Maddocks that Council review and re-make all of delegations to ensure they remain current and up to date, the Delegations are presented for adoption.

HUMAN RIGHTS CHARTER

In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues.

LEGAL CONSIDERATION

Council is not a natural person and therefore, on a practical level, must undertake its responsibilities through others, usually through Council officers. A delegation of a Council power enables a member of Council staff to act on behalf of Council and allows for the effective day to day functioning of Council. It is not practical for the Council and the Chief Executive Officer alone to exercise the many statutory powers bestowed on the Council. There are numerous statutes, over 80 in Victoria alone, which confer a responsibility on Councils to take action or determine matters. The Act provides for the delegation of Council’s powers under that Act or any other Act by instrument of delegation to the Chief Executive Officer, who in turn has the power to sub-delegate to Council staff under Section 98 (2) of the Act, however a number of other Acts do not permit any sub-delegation and these instead are delegated direct from Council to staff, for instance, delegations under the Planning and Environment Act 1987 and the Environment Protection Act 1970. It is important to note that a delegation is not:

• the performance of an administrative task; example – a function under a position description;

• an action of an authorised officer under section 224 of the Act; example – prosecuting an offender; or

• decision making under a statutory appointment; example – making a decision as an appointed officer under the Freedom of Information Act 1982.

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Decisions by the Council

The Council is a legal entity composed of its members (i.e. the Councillors). Because it is not a "natural" person, it can act in only one of two ways: by resolution, or through others acting on its behalf. As a statutory entity, Council is able to do only those things which it is authorised by statute to do. The power of a Council to act by resolution is set out in section 3(5) of the Act –

"(5) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council."

Decisions by the Delegate A delegated decision, once made, is for all legal purposes a decision of the Council (section 42A of the Interpretation of Legislation Act); itself but it should be noted that Council retains all powers that it delegates under the various instruments of delegation and has the ability to exercise those powers if it so chooses. It cannot, however, overrule a decision already taken by a delegate. Chief Executive’s Delegation The instrument of delegation to the Chief Executive Officer may empower the Chief Executive Officer to exercise various powers of the Council, including the power to delegate powers to council officers. The CEO sub-delegates its powers to staff. The advantage for a Council in conferring on its chief executive officer the power of sub-delegation is that it need not concern itself with many of the details of Council administration and enables decisions to be handled at the appropriate level within the organisation in line with the relevant member’s level of responsibility. Maddocks Lawyers have previously advised that it would be prudent for Council to update the Instrument of Delegation to the Chief Executive Officer every time delegations from Council direct to Officers are changed. Therefore, as part of this review (and every subsequent update to the delegations to Officers by Council) the Instrument of Delegation to the Chief Executive Officer will be re-made whether there are any changes or not. The Register of Delegations

Under section 98 of the Local Government Act a register of delegations to members of Council staff must be kept. Those registers of delegations including the date when delegations were last reviewed must be made available for public inspection (regulation 11(j) of the Local Government (General) Regulations 2004).

The Instruments of Delegation attached are those where Council is required to delegate its powers directly to Council staff holding certain positions within the organisation. The following delegations are being reviewed: the delegation to the CEO, Domestic Animals Act, Environment Protection Act, Food Act, Planning and Residential Tenancies Act and the Road Management Act including the regulations. The changes include updates to legislation.

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CONCLUSION

This review ensures that Council’s delegations remain up to date and cover all relevant provisions. In undertaking this review, a range of general and specific matters raised by Maddocks have been addressed and incorporated into the revised Instrument of Delegation, proposed for adoption by Council. RECOMMENDATION

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (the Act) and the other legislation referred to in the attached instrument of delegation, Council resolves that- 1. There be delegated to the members of Council staff holding, acting in or

performing the duties of the offices or positions referred to in the attached Instrument of Delegations, the powers set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately the common seal of Council is affixed to the instrument.

3. On the coming into force of the instruments all previous delegations to

members of Council staff are revoked. 4. The powers set out in the instruments must be executed, in accordance with

any guidelines or policies of Council that it may from time to time adopt.

ATTACHMENTS No. Title Page 1 CEO Delegation 122 2 Domestic Animals Delegation 126 3 Environment Protection Delegation 128 4 Food Delegation 131 5 Planning Delegation 133 6 Residential Tenancies Delegation 137 7 Road Management Delegation 140

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6.4 COUNCILLOR REPORT ON CONFERENCES ATTENDANCE

Author: Emily Outlaw - Council Governance Liaison Officer, City Development

File: F2013/1363 EXECUTIVE SUMMARY

To assist Councillors in undertaking their role, Councillors are encouraged to attend relevant conferences and training opportunities. Council’s Resource, Expense and Entitlements Policy provides guidance for Councillors in determining whether the conference/training supports the role of a Councillor. The Policy requires Councillors that attend interstate conferences to submit a report to Council. It is important for Councillors to have access to, and to attend, conferences and training to develop their skills and ability to represent and engage with their constituents. It also helps Councillors strengthen their leadership skills in developing solutions to the pressing social and cultural, environmental and economic challenges faced by communities everywhere. This report has been prepared to provide feedback from the Councillors who attended the ALGA National General Assembly of Local Government 2014 held in Canberra, and the 2014 National Community Safety & Security Conference held in Sydney. OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

This Councillors Resource, Expense and Entitlements and Policy outlines the support, resources and facilities to Councillors to perform their roles and undertake their official duties by assuring that reimbursement of expenses and access to resources and support are provided in an equitable manner to cater for the full participation of all Councillors in Council business and with their communities, while also recognising individual needs and circumstances. Under the Policy, Councillors are required to report on their attendance at any interstate or overseas conferences or visits. Attached is the completed Councillor Report on Attendance at Conference/Visit Requiring Interstate or Overseas Travel for the ALGA National General Assembly of Local Government 2014, Canberra the 2014 National Community Safety & Security Conference, Sydney.

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CONFERENCE DETAILS

Councillor: Tom Melican, Jenny Mulholland & Craig Langdon Conference Details: ‘ALGA National General Assembly of Local Government

2014” Canberra, ACT 15-18 June 2014

RECOMMENDATION

That the Councillor Report on Attendance at Conference/Visit Requiring Interstate or Overseas Travel regarding the 2014 National Community Safety & Security Conference and ALGA National General Assembly of Local Government 2014 be noted.

ATTACHMENTS No. Title Page 1 Councillors Conference Report 143

Councillor: Steven Briffa Conference Details: ‘2014 National Community Safety & Security Conference’

Sydney, NSW 28 & 29 April 2014

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6.5 PROPOSED MAV WORKCARE INSURANCE SCHEME

Author: Angela Johnson - Manager Human Resources, Corporate Services

File: F2014/307 EXECUTIVE SUMMARY

The Municipal Association of Victoria (MAV) have provided all Victorian Councils with an invitation to express interest in, and commitment to, establishing a Local Government WorkCover Scheme, to be known as MAV WorkCare.

MAV have requested that interested parties invest $5,000 by 8 August 2014, as a commitment to proceed with the proposal. This is a contribution towards the licence application/up-front establishment costs.

MAV require a commitment from at least 50 Councils for the proposal to proceed.

This report requests a response from Council to respond to this invitation.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction of “provide responsible financial management and business planning processes”.

BACKGROUND

Mr Rob Spence, MAV CEO wrote to Victorian Councils outlining the MAV’s intention to establish a WorkCover self-insurance scheme for Victorian local government. The Registration Information document (attached) outlines a possible 15% saving on WorkCover premiums in the first year of operation. If the application is successful, MAV WorkCare would commence in January 2016.

Banyule City Council officers have been canvassing the intentions of a number of other municipalities. Eleven Councils have indicated their intentions; of that group only four have stated that they intend to support the MAV application. This proportion suggests that the MAV proposal may fail to meet the first requirement of a minimum of 50 members.

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DISCUSSION

Council officers, whilst supportive WorkCover premiums, wish to highlight the following concerns:

• The underlying claims experience of MAV WorkCare will reflect which Councils join.

• The best-performing Councils may end up worse off, and therefore have no reason to switch to such a scheme. If the “worst performing” Councils join, this will negatively affect each participant’s underlying WorkCover rate in years two and three of the scheme. As Banyule’s claims experience is trending towards average, this composition is critical to our potential premiums under the proposed scheme.

• Banyule has an existing relationship with MAV through the administration of the Liability Mutual Insurance (public liability) Scheme. Council’s premiums have increased notably over the last few years, in part due to Scheme administration decisions by the MAV (running down reserves, re-setting premium calculation formulae, etc.)

• Banyule City Council enjoys a productive and close relationship with its current WorkCover Agent, Gallagher Bassett, whom has the best return-to-work rating, as assessed by the VWA.

• The actual performance and premium savings of MAV WorkCare cannot be known until the scheme is operating. The MAV proposal is based on detailed actuarial analysis and projections, but any underlying assumptions have not been declared.

Any potential risk at the end of three years (if MAV WorkCare’s licence is not renewed) has not been communicated to possible members. Banyule City Council is therefore expected to take on the risk of ongoing financial liabilities, and commit with limited information.

OFFICER COMMENT

Banyule City Council has been provided with an inadequate period to assess the merits of the proposal. Information that would normally be known for such a venture has not been provided in enough detail. Several Councils appear non-committal.

Unfortunately, Banyule City Council is not able to speculate, for example, by committing only the $5,000 and reserving the right to join MAV WorkCare when more information is available. A commitment now binds Council to join MAV WorkCare, should it be established.

CONCLUSION

There is insufficient information available to establish the required degree of confidence to commit to this MAV invitation.

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RECOMMENDATION

That Council: 1. Decline the Municipal Association of Victoria’s (MAV) invitation to invest in the

proposal to establish a Local Government WorkCover Scheme, to be known as MAV WorkCare.

2. Advise the MAV that if the timeframe is extended and more detailed information is made available, that Banyule City Council would be prepared to reconsider joining.

ATTACHMENTS No. Title Page 1 Registration Information: MAV WorkCare 147

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8.1

Notice of Motion

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8.1 VICTORIAN LOCAL GOVERNMENT ASSOCIATION (VLGA) FORWARD ACTION PLAN

Author: Cr Rick Garotti

Ward: Grimshaw

File: F2014/492 TAKE NOTICE that it is my intention to move: “That Council:

1. Notes that the Victorian Local Government Association (VLGA) is developing a Forward Action Plan to guide their future strategic direction.

2. Provides a submission on the Forward Action Plan that encourages the VLGA

to engage with the Municipal Association of Victoria (MAV) about the plan to manage any overlap in strategic priorities and to use the plan as an opportunity to enhance its focus on Councillor training, support and advocacy while potentially reducing its focus on other areas covered by the MAV.

3. Forward a copy of the submission to the other Council members of the VLGA.” Explanation Council is a long-standing member of both the VLGA and MAV and appreciates the excellent work that both organisations undertake to advance the interests of the Local Government sector. Council believes it is important that both organisations work together in establishing their strategic priorities to ensure there is no overlap in strategic focus and service delivery. This will ultimately ensure value-for-money for Councils such as Banyule, that are fee-paying members of both organisations. Accordingly, Council encourages the VLGA to engage with the MAV in finalising its Forward Action Plan in ensuring its strategic priorities are suitably focussed. CR RICK GAROTTI GrimshawWard

ATTACHMENTS Nil

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Notice of Motion

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8.2 HEIDELBERG STARS SOCCER CLUB Author: Cr Craig Langdon

Ward: Olympia

File: F2014/492 TAKE NOTICE that it is my intention to move: “That a report be presented to Council to consider options to support the Heidelberg Stars Soccer Club in their endeavours to provide training equipment, safety equipment and canteen equipment..” Explanation The Heidelberg Stars Soccer Club made a submission to the 2014/15 Council Budget which was presented to Council. The Club is growing in numbers and urgently needs to purchase new equipment for safety and training. The Canteen in its limited capacity can not provide the food for players, visiting team, Officials and spectators. The Club has successfully raised nearly half the funds requires but has fallen short. The Club represents our multicultural communities in the Heidelberg West area. CR CRAIG LANGDON OlympiaWard

ATTACHMENTS Nil

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Notice of Motion

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8.3 NETBALL COURTS AT SEDDON RESERVE Author: Cr Craig Langdon

Ward: Olympia

File: F2014/492 TAKE NOTICE that it is my intention to move: “That a report be prepared and reported back to Council regarding the proposal of two netball courts without lights on the Southern end of Seddon Reserve including the budget implications of the proposal.” Explanation The West Ivanhoe Football and Cricket Clubs are well utilised with not only football & cricket, it also caters for darts, quoits and snooker. Council, with club support, in the past 20 years has extended the rooms, built a new deck and installed a new playground next to the rooms. The proposed netball courts are in an unused area near the cricket nets. Involving netball at the club would greatly enhance Seddon Reserve to cater for all needs of the area. CR CRAIG LANGDON OlympiaWard

ATTACHMENTS Nil

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ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 4 AUGUST 2014 Page 75

4.2 Public Notice advertising period of the proposed Lease of Part of Chelsworth Park to Ivanhoe Grammar School Attachment 1 Community Concern Summary ........................................................ 76

4.3 Proposed Apartment Building at 20 Morwell Avenue, Watsonia Attachment 1 Amended plans ............................................................................... 97 Attachment 2 Referral responses ........................................................................ 113 Attachment 3 Clause 55 assessment .................................................................. 114 Attachment 4 Neighbourhood Character Assessment ......................................... 118

6.3 Review and Update of Delegations Attachment 1 CEO Delegation ............................................................................ 122 Attachment 2 Domestic Animals Delegation ........................................................ 126 Attachment 3 Environment Protection Delegation ............................................... 128 Attachment 4 Food Delegation ............................................................................ 131 Attachment 5 Planning Delegation ...................................................................... 133 Attachment 6 Residential Tenancies Delegation ................................................. 137 Attachment 7 Road Management Delegation ...................................................... 140

6.4 Councillor Report on Conferences Attendance Attachment 1 Councillors Conference Report ...................................................... 143

6.5 Proposed MAV WorkCare Insurance Scheme Attachment 1 Registration Information: MAV WorkCare ...................................... 147

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4.

2 Item: 4.2 Attachment 1: Community Concern Summary

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Community Concerns: Negotiated Outcome: Lease reference clause and supporting Docs:

Ongoing management

of the en tout cas tennis

courts

• Following a number of meetings with key stakeholders, Council excluded the four en tout cas tennis courts and

club house from the proposed lease area

• Annexure D

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Item: 4.2 Attachment 1: Community Concern Summary

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Community Concerns: Negotiated Outcome: Lease reference clause and supporting Docs:

• On the 11 December 2013 Council confirmed the lease of the four en touts cas tennis courts and club house will

remain with the Chelsworh Park Tennis Club.

Concern in relation to

the proposed rental fees

given the value of the

• Council Officers have completed a site valuation to assist in lease negotiations. The site (total 10.306/ha) is

extensively restrained by planning & flooding issues and is zoned Public Park & Recreation Zone. The land has

• Schedule Items 9A

& B

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land

been valued at $3.3 Million.

• The proposed lease incorporates a financial contribution towards the Chelsworth Park Storm Water Harvesting

Project of $1,000,000, (ex GST) with this payment in lieu of rental for the first 20 years of the lease.

• The rental for the further 10 year option will commence at $50,000 (ex GST) per annum with an indexed increase

of 4% each year.

• Clause 4

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• When considering all aspects of the proposed lease, including the rent, capital works, and savings to Council in

relation to the maintenance and saving on interest in lieu of capital up front $1 Million, officers estimate the total

value of the lease over the 30 year period to be $16,453,242.

Term of the proposed • Given the substantial overall financial value and the substantial capital works improvement within the proposed • Schedule Items: 6,

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lease lease, a 20 year proposed lease with a further 10 year option is considered appropriate. 7, 8.

• Clause 3

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Perceived changes to

public access • The park will remain open to the public for leisure activities and community enjoyment outside of the existing

license arrangements with community sporting clubs and casual bookings.

• Ground allocations to be made available on the IGS website and signage at Chelsworth Park so the general public

can report any groups using the park inappropriately.

• Annexure A Special

Conditions Clause 1.1, 1.9, 1.10.

• Annexure A Special

Conditions Clause 7

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• Proposed restricted access to vehicles between sun set and sun rise will improve community safety.

• Public toilet access will remain the same as the existing lease and the school will manage the opening and closing

of these facilities from sun rise to sun set.

Access to concrete • The concrete hard courts will be included in the proposed lease with IGS. • Annexure C

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tennis courts • IGS intends to upgrade these concrete courts with new surfaces and infrastructure including multi-sport lining on

two courts.

• The school will also build a half court multi sports and play space next to the tennis courts which will be available to

the public at all times. Design and features to be approved by Council.

• Annexure A Special

Conditions Clause 8

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Council not

administering bookings • IGS has managed all bookings during the past 20 years.

• This system has proven to be successful particularly in regard to casual bookings.

• All applications for allocations and casual bookings will continue to be administered and programmed by the

lessee, Ivanhoe Grammar School, during the proposed lease with consultation regarding seasonal allocations with

• Annexure A Special

Conditions Clause 1.1-17

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the Chelsworth Park Reference Group.

IGS receiving all

seasonal allocation fees

from tenant clubs

• 50% all annual fees directed to a reserve fund managed by Council for future development of open space within

the park.

• The Chelsworth Park Reference Group will make recommendations to Council in relation to how the funds within

• Annexure A Special

Conditions Clause 1.1-17

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the reserve fund should be allocated.

• IGS will be required to follow Council‘s sporting reserves user guidelines in relation to fees and charges.

Council to consider

other management • The current lease requires IGS to maintain the buildings and the grounds.

• Council’s current Parks and Gardens Department currently do not have the capacity to meet the current level of

• N/A

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models for the park service being delivered by IGS at Chelsworth Park.

• Banyule City Council provides five grounds maintenance people for 48 grounds throughout the municipality.

• Officers have estimated the annual cost to Council to maintain the park to its current standard would be $281,000

(Inc. On costs and overheads and initial plant and equipment of $50,000).

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• IGS to continue to maintain the grounds and assets within the park.

Capital Works Details • All proposed works will require the necessary permits and approvals.

• Capital works are an obligation of IGS under the proposed lease.

• All new works and improvements become Council assets at no cost to Council.

• Annexure A Special

Conditions Clause 2

• Annexure C

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non-delivery of

maintenance

requirements

• Independent turf audits and facility audits will be conducted at the beginning of the lease and throughout the lease

term.

• Council officers will manage the proposed lease with the school. This process will include regular contract

meetings between IGS and Council.

• Clause 15

• Annexures B, C, E

and F

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• Maintenance, Horticulture and Storm Water Harvesting plant maintenance specifications are also included in the

proposed lease.

Non delivery on capital

improvements • Penalty clause for non-compliance in relation to capital works delivery

• The proposed contract management process will monitor delivery.

• Clause 21

• Annexure A Special

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Conditions Clause 2

lack of understanding

regarding the Storm

Water Harvesting

• The RSWHS is designed so Chelsworth Park has an annual allocation of water from the RSWHS of approximately

10 ML. However, the actual allocation of water from the RSWHS to the Premises in any year is dependent on the

performance of the RSWHS and the level of prevailing rainfalls.

• Annexure G and H

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Project and water use • When the RSWHS storage level is:

• between 100% and 70% - storm water harvested will be used exclusively;

• between 70% and 15% - storm water harvested and water from potable mains will be used;

• 15% and below - only use water as determined by Council’s Officer in its sole discretion.

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Maintenance of main

drains and waterways

• The maintenance of the main drains adjacent to the proposed lease area will continue to be managed by Council

and Melbourne Water.

• The maintenance of the central open drain is the responsibility of IGS.

• Annexures F

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Clarify lease

Management/Contract

Management structure.

• Contract management structure and reporting framework are included in lease which includes quarterly meetings

with IGS during the lease period.

• Annexure B

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COUNCILLOR REPORT ON ATTENDANCE AT CONFERENCE/VISIT REQUIRING INTERSTATE OR OVERSEAS TRAVEL

COUNCILLOR: Steven Briffa Date of Report: 4 August 2014 INTERSTATE / OVERSEAS Conference/ Seminar/ Visit attended:

2014 National Community Safety & Security Conference, Sydney

Date attended :28 & 29 April 2014

Value of Conference/Visit – (Councillor Report): (Outline main purpose of the conference/visit. Attach copy of conference Agenda / itinerary) Main outline was to view what is happening around Australia in regards to Community safety and initiatives being taken. To meet with other Councils, view ways to control areas and protect our residents. Graffiti was a hot topic, battling it and understanding what these younger children were trying to say with their art. Key Messages/Highlights: (Outline issues raised by key note speakers or main themes discussed) Protection from property crime Traffic related topics

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Graffiti Protection from personal violence Local Council topics Computer crime

Benefits to Banyule City Council: (Outline the benefits/learnings for Banyule City Council as a result of attending the conference/ visit) Supporting groups such as Neighbourhood Houses, create benefits for our whole community from safety, reduced graffiti and reduction in personal violence, burglary, drug dealings and alcohol related anti-social behaviours. Local Council topics - Crowd Control at events and safety for those attending events. Suggestions for Future Action: (If appropriate, include any suggestions for action that have resulted from the attendance) It was identified by our neighbouring Council, Darebin, that a large portion of crimes committed within their municipality is around Northland Shopping Centre and police records who that 60% of these people live within our Municipality. Working with neighbouring Councils and targeting large areas that are constantly hit we can reduce the impact on our community. I plan on working throughout the whole municipality to combat safety and graffiti issues by working on projects with our youth, local artists and neighbouring Councils.

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COUNCILLOR REPORT ON ATTENDANCE AT CONFERENCE/VISIT REQUIRING INTERSTATE OR OVERSEAS TRAVEL

COUNCILLOR: Craig Langdon, Tom Melican & Jenny Mulholland Date of Report: 4 August 2014 INTERSTATE / OVERSEAS Conference/ Seminar/ Visit attended:

ALGA Annual General Assembly in Canberra

Date attended :15 – 18 June 2014

Value of Conference/Visit – (Councillor Report): (Outline main purpose of the conference/visit. Attach copy of conference Agenda / itinerary) The ALGA Annual General Assembly is a gathering of local Governments around Australia. It sets policy for which we should advocate. It was a great opportunity to speak to fellow Councillors from across Australia, work on common goals, learn of current issues and future opportunities and gain understanding of Government agenda and priority. Key Messages/Highlights: (Outline issues raised by key note speakers or main themes discussed) The speakers, concurrent sessions, climate change discussions, panel sessions were all interesting.

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The funding of infrastructure and the ongoing cost of maintenance was the biggest issue. The three tiers of Government and tax concerns were also a great topic. Dr Brendan Nelson’s speech outlining the Australian War Memorial was the biggest highlight. Benefits to Banyule City Council: (Outline the benefits/learnings for Banyule City Council as a result of attending the conference/ visit)

General knowledge from the speakers helped Councillors gain better understanding of the bigger picture issues and cost pressures on Councils. Rate capping was explained and understood. It was a good opportunity to build relationships with other Councillors and meet with Ministers and advisors. As well as the foyer for the forum had a number of displays from LED lighting, play grounds, banner displays and other interesting products for Councils. Suggestions for Future Action: (If appropriate, include any suggestions for action that have resulted from the attendance) More Councillors are encouraged to attend the Annual General Assembly. Its suggested that a better focus on Motions be taken, there should be fewer Motions that relate to minor issues that impact single Councils and focus more on the wider scope.

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Item: 6.5 Attachment 1: Registration Information: MAV WorkCare

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