Hume City Ordinary Council Agenda For Date 12 … Carriageway easement proposal for 11 City Views, Sunbury..... 45 CN576 Response to the Inquiry into the Impact of the Change to the

ORDINARY COUNCIL MEETING OF THE HUME CITY COUNCIL

MONDAY, 12 OCTOBER 2009

7:00 PM

COUNCIL CHAMBER, SUNBURY OFFICE

OOUURR VVIISSIIOONN::

Hume City Council will be recognised as a leader in achieving social, environmental and economic outcomes with a common goal of connecting our proud community and celebrating the diversity of Hume.

Hume City Council PAGE 1

HUME CITY COUNCIL

______________________________________________________________________________ Notice of an ORDINARY COUNCIL MEETING OF THE HUME CITY COUNCIL to be held on Monday, 12 October 2009 at 7:00 PM at the Council Chamber, Sunbury Office ______________________________________________________________________________

To: a: Council Cr Jack Ogilvie

Cr Ros Spence Cr Adem Atmaca Cr Vic Dougall Cr Drew Jessop Cr Helen Patsikatheodorou Cr Geoff Porter Cr Ann Potter Cr Burhan Yigit

Mayor Deputy Mayor

b: Officers Mr Domenic Isola Mr Daryl Whitfort Mr Steve Crawley Ms Joy Nunn Mr David Keenan Ms Kylie Ezzy

Chief Executive Officer Director City Governance and Information Director City Infrastructure Interim Director City Communities Director City Sustainability Acting Director Organisation and Community Learning

ORDER OF BUSINESS 1. PRAYER

Hume City’s religious diversity strengthens and enriches community life and supports the well-being of the citizens of Hume City. Hume City Council acknowledges the importance of spiritual life and the leadership offered by the Hume City Inter Faith Leaders Network. In recognition of the religious diversity of residents in Hume City, Council has invited the Inter Faith Leaders Network to take responsibility for the opening prayer at Council meetings. This evening’s prayer will be led by Reverend Peter Cannon of the Sunbury Uniting Church. Loving God, As we begin this meeting of the Hume Council tonight we give thanks that you are a God who is concerned for all people and their wellbeing. In creating us in your image, you have put in us your character of concern and compassion for others. More than this, you do not leave us to our own devices to stumble and find our own way. You reach out to comfort, guide, encourage and strengthen us. You do not wait until we get ourselves ready for you but you are there taking the initiative towards us.

12 OCTOBER 2009 NOTICE OF MEETING ORDINARY COUNCIL MEETING OF COUNCIL


At this time we would pray for all those touched by the recent disasters in the Asia Pacific region. May they find comfort in their grief and strength in the support given by those around them. May our governments and community be generous in their provision of needs and comforts. May our communities band together to encourage those in their midst who have been affected in one way or another. Sometimes, loving God, we lose track of what matters and of your character in others. We see and pursue what want we want rather than what is best for our community and the people we are responsible for. Call us back into your way of justice, love and peace. Soften our hearts so that we will be sensitive to the needs of our community. Spark our consciences so that we will be lead in the way of justice and mercy. Loving God, lead the deliberations of the Council tonight with your wisdom and grace. Help the councillors, as they consider the proposals and requests, to balance the competing needs and desires before them with compassion and justice. Help them put aside their various allegiances and differences to listen with empathy to one another and those who come to them for decisions or support. Give them courage so that they will speak and act with integrity and give expression to justice and compassion. We pray these things in the name of Jesus Christ, Amen

2. APOLOGIES At the Council Meeting on 31 August 2009, Cr Atmaca was approved a Leave of Absence from Council for the period 14 September 2009 to 2 November 2009. At the Council Meeting on 10 August 2009, Cr Dougall was approved a Leave of Absence from Council for the period 14 September 2009 to 21 October 2009.

3. DISCLOSURE OF CONFLICTS OF INTERESTS:

Councillors' attention is drawn to the provisions of the Local Government Act 1989 in relation to the disclosure of conflicts of interests. Councillors are required to disclose any conflict of interest immediately before consideration or discussion of the relevant item. Councillors are then required to leave the Chamber during discussion and not vote on the relevant item.

4. CONFIRMATION OF COUNCIL MINUTES 4.1 Minutes of Meeting of the Hume City Council held on 14 September and 28 September

2009, including Confidential Minutes. RECOMMENDATION:

THAT the Minutes of the Meeting of the Hume City Council held on 14 September and 28 September 2009 including Confidential Minutes, as circulated, be confirmed.



5. RECEIPT OF COUNCIL AND COMMUNITY COMMITTEE MINUTES AND RECOMMENDATIONS TO COUNCIL TO BE ADOPTED: Nil.

6. PRESENTATION OF AWARDS 6.1 Resident of the Month – Mrs Mary Rush

6.2 Certificate of Recognition – Building and Works Code of Practice

• Alsa Constructions – Taner Alinc and Sinan Bektas • Creative Homes & Investments - Ygar Yagnur and Baris Hasturk

7. PUBLIC QUESTION TIME Answers will be provided to questions lodged by members of the public by noon on the day of the Council meeting pursuant to Council’s Governance Local Law No. 2.

8. NOTICES OF MOTION Nil.



9. OFFICERS REPORTS

The Mayor will ask the Councillors and gallery at the commencement of this section, which reports they wish to speak to. These reports will then be discussed in the order they appear on the notice paper. Reports not called will be dealt with in a block resolution at the end. Item No Title Page COMMUNITY WELLBEING WB79 Implementation of the Victorian Bushfires Royal Commission

Recommendations................................................................................................... 6

ARTS, LEISURE AND CULTURE AL52 Arts and Cultural Development Strategy 2009-2013........................................... 11

LIFELONG LEARNING LL9 Hume City Council Long Day Care Policy ............................................................. 19

ECONOMY AND EMPLOYMENT EC45 Plenty Food Group ................................................................................................ 22 TRANSPORT TR82 Wildwood Road Widening, Oaklands Junction - Land Acquisition .................. 26 TR83 Road Safety Rules 2009 ........................................................................................ 31 TR84 Community Road Safety Program........................................................................ 36

COUNCIL CN575 Carriageway easement proposal for 11 City Views, Sunbury ......................... 45 CN576 Response to the Inquiry into the Impact of the Change to the Urban Growth

Boundary.............................................................................................................. 59 CN577 5-9 Pearcedale Parade, Broadmeadows- Yarra Community Housing ............ 66 CN578 993 Pascoe Vale Road-Development of three (3) double storey dwellings ... 73 CN579 Section 173 Agreement - 2-50 Glenelg Street, Coolaroo ................................. 89 CN580 Section 173 Agreement - 2-10 Andover Lane, Craigieburn ............................. 91



10. PETITIONS AND JOINT LETTERS PJL 197 Petition objecting to Planning Permit P13672 - the construction of an Anglican

Grammar School and Church at 100 Mt Ridley Road, Mickleham.

A petition has been received containing 100 signatures, objecting to Planning Permit P13672 - the construction of an Anglican Grammar School and Church at 100 Mt Ridley Road, Mickleham. The submitter of the petition has been advised that the petition has been referred to the Manager Statutory Planning. RECOMMENDATION That the petition be received and considered by Council officers when assessing planning permit application P13672.

11. DEPUTATIONS

12. URGENT BUSINESS

13. DELEGATES REPORTS

14. GENERAL BUSINESS

15. CONFIDENTIAL MATTERS The Meeting may be closed to members of the public to consider confidential matters. RECOMMENDATION: THAT the Council close the meeting to the public pursuant to Section 89(2) of the Local Government Act 1989 to discuss any matter which the Council or special committee considers would prejudice the Council or any person.

16. CLOSURE OF MEETING

DOMENIC ISOLA CHIEF EXECUTIVE OFFICER

8 October 2009

12 OCTOBER 2009 REPORTS – COMMUNITY WELLBEING ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – COMMUNITY WELLBEING REPORT NO:

WB79

REPORT TITLE:

Implementation of the Victorian Bushfires Royal Commission Recommendations

SOURCE:

Denise Shearer, Manager Social Development

DIVISION:

City Communities

FILE NO:

HCC 04/634-02

POLICY:

Community Wellbeing

STRATEGIC OBJECTIVE:

Health, Safety and Wellbeing

1. SUMMARY OF REPORT:

1.1 This report outlines the Government’s response to the Victorian Bushfires Royal

Commission Interim report. Fire preparedness is considered to be a responsibility for all individuals as well as Government and there will be a dedicated whole-of state fire action week from October 11 to 18.

1.2 This report also outlines the Interim report’s recommendations directed at Local

Government and the implications and actions for Council’s Fire Prevention and Emergency Management Plans to support this community to be “Fire Ready”.

2. RECOMMENDATION:

That Council notes: 2.1 The Fire Prevention Plan and the Emergency Management Plan will be updated

in accordance with the recommendations of the Interim Report of the Victorian Bushfires Royal Commission.

2.2 There will be a review of key Relief and Recovery Centres as part of being “Fire

Ready”. 2.3 The Municipal Emergency Management Committee will meet to ensure fire

preparedness in the week beginning 11 October 2009.

3. FINANCIAL IMPLICATIONS: In the event of an emergency Council is reimbursed for the costs associated with the response either directly or through other funding mechanisms.

12 OCTOBER 2009 REPORTS – COMMUNITY WELLBEING ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: WB79 (cont.)


4. LEGISLATIVE POWERS:

The Emergency Management Act 1986 outlines Council’s responsibilities for the management of municipal resources and the coordination of community support to counter the effects of an emergency during both the response to and recovery from emergencies.

5. DISCUSSION:

5.1 The Interim Report of the Victorian Bushfires Royal Commission makes some 51

recommendations. The Premier on 31 August 2009 announced that the Victorian Government supported all recommendations however the implementation would be guided by what steps could be practically taken ahead of the next bushfire season.

5.2 The Recommendations that will be implemented by Government prior to next Bushfire

season include:

5.2.1 Establishment of Neighbourhood Safer Places (NSP) in the 52 town identified most at risk see Attachment One. An NSP is a place of last resort, identified by fire authorities as a safer place in the event of a bushfire.

5.2.2 A new fire risk index and emergency warning systems which include use of

commercial broadcasters, and appropriate use of the Standard Emergency Warning Signal so that is effectiveness is not undermined.

5.2.3 The development of a self-assessment tool to assist residents to assess the

defendability of their homes. The advice emphasises that the safest option is always to leave early rather than defend and that not all homes are defendable.

5.2.4 The Department of Education and Early Childhood will review the adequacy of

bushfire protection measures in all Children’s services. These services have been requested to complete a self assessment checklist to assist in the development of the appropriate measures.

5.3 The Government has also indicated support of those Recommendations that are the

responsibility of, and or require the support of Local Government and/or the MAV. These recommendations are:

5.3.1 Municipal Councils review their Municipal Emergency Management Plans to

ensure there is appropriate provision for relocation during bushfires, in particular, to indicate the location and arrangements associated with designated emergency relief centres.

5.3.2 The Municipal Association of Victoria report to the Commission on the

progress of amendments to Municipal Emergency Management Plans by those municipal Councils trialling the Victorian Risk Fire Register

5.3.3 In relation to Neighbourhood Safer Places (NSP) there are a number of

recommendations. Firstly that the State promulgate criteria for the identification and operation of NSP and involve Councils and local



communities to progressively identify, establish and advertise NSP. It will also be made compulsory for NSP to be included in Municipal Fire Prevention and Emergency Management Plans. The CFA will be responsible for ensuring all authorities have an up to date list based on Municipal Fire Prevention Plans.

5.4 The Premier announced, on 10 September 2009, the warning system that will be

implemented in Victoria. It is a 6 point scale based on the Fire Danger Index with a 100+ score rated catastrophic’ (code red) day. For those who can’t ensure their own safety, the advice will be that leaving early is the safest option. The Black Saturday bushfires on February 7 were an example of the types of fires that may be experienced under a ‘catastrophic’ (code red) rating.

5.5 The rainfall for the period 1 January to 31 August of 188.8mm is the lowest ever

recorded and less than half of the long term average of 406mm. It is also lower than 1997, the driest year ever (20.2mm). The evaporation rate is also higher than the current rainfall for example between 1 August and 18 August rainfall was 23.4mm and evaporation was 57mm.

5.6 Given the climatic conditions the Government is acknowledging that a strong

partnership between state and local governments and community is crucial to achieve preparedness for the upcoming fire season.

5.7 The Government has also announced it intention to lead a dedicated whole-of state fire

action week from 11 to 18 October 2009. Fire preparedness is considered to be a responsibility for all individuals as well as Government. The week’s activities are to encourage all Victorians and agencies to be fire ready.

5.8 Township Protection Plans

5.8.1 There are no townships with in Hume City that have been identified as a high

bushfire risk requiring the preparation of Township Protection Plan for the 2009/10 Bushfire season. The closest townships that are required to prepare plans are Macedon, Mt Macedon and Woodend in the Shire of Macedon Ranges.

5.8.2 The Township Protection Plan Template Guidelines have been issued by the

CFA. The three parts are:

(a) Community Information – to enable residents and visitors with the key locations and facilities and where latest information can be obtained. It is developed with the community and all emergency services

(b) Township Planning Factors – to enhance the initial operational response to a wildfire

(c) Fire Prevention – map of fire prevention works (completed and planned. 5.8.3 Guidelines for the Neighbourhood Safer Places are still being developed by

the CFA which is the responsible authority.

5.9 Relief and Recovery Centres 5.9.1 Council may be called upon to open relief centres to deal with a bushfire event

or provide support to other Local Governments as was the case with Black Saturday.



5.9.2 Council may be required to open Relief centres on days of extreme fire

danger. For example the Shire of Macedon Ranges opened relief centres on a severe fire danger day, subsequent to Black Saturday, to enable people to leave early. These Centres were fully operational and staffed by the Shires’ staff and volunteers.

5.9.3 There is a need to review and update Council’s Relief and Recovery Centres

and processes in light of the experience of Black Saturday and training of staff in the operation of any new procedures.

5.9.4 Recent presentations by Yarra Ranges indicate the scope and scale of

Municipal Emergency Co-ordination Centre (MECC) and Relief and Recovery Centre operations when there is a catastrophic event. In 5 relief centres there were 616 shifts using 75 Yarra Ranges staff and 164 shifts provided by other Councils. In relation to the MECC there were 2100 shifts involving 269 staff and there were a further 650 shifts provided by other Councils.

5.9.5 The experience of supporting the Strathewen Relief Centre, along with other

fire affected municipalities, identifies the need and the value of establishing an electronic data management system at relief centres and the MECC to manage requests, donation and rostering of staff.

5.10 Fire Prevention Plan 5.10.1 Council’s Fire Prevention Plan will be updated to reflect the Leave Early policy

and that the protection of life is paramount. Neighbourhood Safer Places and Fire Refugees will not be included prior to the next Bushfire Season as the CFA is prioritising the High Priority Bushfire Areas which does not include Hume City.

5.10.2 Council Officers will continue to work with the responsible authorities and

initiate required updates to Council’s Fire Prevention Plan.

5.11 Communication 5.11.1 The Government’s Fire Ready campaign will generate interest and

expectation that local information is available. A communication plan that picks up the three key local elements, of preparation eg clearing your block, the personal emergency plan, eg where you will stay on high risk days and when to go, eg understand the warning signals, will be prepared.

5.11.2 The Communication strategy will target Council staff, both as community

members and for their official duties, as well as the community. It will support the agreed “whole of Government’ messages and direct our community to the appropriate resources.



6. CONCLUSION: 6.1 The recommendations of the Victorian Bushfires Royal Commission are being

implemented by the State Government in preparation for the next Bushfire season. Hume City is not designated as a High priority Bushfire area. Councils’ Emergency Management and Fire Prevention Plans will be updated in accordance with the Commission’s recommendations.

6.2 Council will continue to work with the Responsible authorise, review Council’s Relief

and Recovery Centres and undertaken communication activities to support Hume City’s community being “Fire Ready”.

12 OCTOBER 2009 REPORTS – ARTS, LEISURE AND CULTURE ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – ARTS, LEISURE AND CULTURE REPORT NO:

AL52

REPORT TITLE:

Arts and Cultural Development Strategy 2009-2013

SOURCE:

Anne Kershaw, Arts and Cultural Planner

DIVISION:

City Communities

FILE NO:

HCC09/97

POLICY:

Council Plan


Arts, Leisure and Recreation


This Report presents the draft Arts and Cultural Development Strategy 2009-2013 for Council endorsement. This Strategy has developed from recent State Government evaluation which demonstrates that participation in the arts contributes to community wellbeing and social cohesion. The Strategy identifies a program of initiatives that will use support and resourcing of the arts to develop strong and vibrant communities in Hume City. Development of this Strategy has involved extensive research and consultation, including a resident telephone survey, evaluation of previous arts projects, artist and arts organisation survey and an arts and cultural workshop. This research indicates that arts participation rates vary across Hume City, and while local participation rates may be lower than average, involvement in the arts—both as participants and audiences—is growing strongly. The Arts and Cultural Development Strategy (Attachment 1) outlines a range of strategic actions designed to ensure the full range of community strengthening outcomes from participation in the arts are available to residents of Hume City. The success of the Strategy will be monitored through a range of key performance indicators and outcomes measures. Once adopted by Council, an Implementation Plan will be developed for the Arts and Cultural Development Strategy to identify annual work programs and a reporting schedule, to inform Council of the progress of the Strategy.

2. RECOMMENDATION:

2.1 That Council:

2.1.1 adopts the Arts and Cultural Development Strategy 2009-2013;

2.1.2 refers $10,000 for the establishment of an Arts Encouragement Award to

deliberations for the 2010/11 recurrent budget; and

2.1.3 refers the creation of an Arts and Cultural Development Officer position to deliberations for the 2010/11 recurrent budget.

12 OCTOBER 2009 REPORTS – ARTS, LEISURE AND CULTURE ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: AL52 (cont.)


3. FINANCIAL IMPLICATIONS: 3.1 The Arts and Cultural Development Strategy 2009-2013 has been developed internally

using existing staff and budget resources.

3.2 Arts and culture contribute to economic development though skill development and employment opportunities as well as encouraging business innovation and a knowledge economy. In this way the Arts and Cultural Development Strategy will contribute to the economic wellbeing of Hume City.

3.3 This Strategy recommends that Council refers $10,000 for the establishment of an Arts

Encouragement Award to deliberations for the 2010/11 recurrent budget.

3.4 The appointment of an Arts and Cultural Development Officer, to enable additional arts and cultural programming, will also be considered as part of the 2010/11 budget process.


The provision of arts and cultural services is a function of local government specified by the Local Government Act 1989.

5. COMMUNITY CONSULTATION:

5.1 A range of consultation and research activities have taken place as part of the

development of this Strategy, including:

(a) Resident telephone survey (500 residents) (b) Evaluation of previous public art projects (c) Survey of artists and arts organisations listed on Council’s Artist Register (70

listings) (d) Arts and Cultural Workshop involving range of external agencies and arts

organisations (e) HAART (Hume Arts Advisory Team) review of draft actions.

The consultation findings are reported below.

6. DISCUSSION: 6.1 Background

6.1.1 The Hume City Council Plan 2009-2013 identifies the need for Council to adopt and implement the Arts and Cultural Strategy (Strategic Objective 3.3, Actions for 2009-2010).

6.1.2 In March 2009 Council endorsed Council Report AL42 proposing the process for developing a new Hume City Council Arts and Cultural Strategy, and a draft strategic framework to provide a basis for community consultation.



6.1.3 Development of this draft strategy has occurred through the process endorsed by Council in March.

6.1.4 Hume City has a comparatively low level of participation in the arts and culture. The 2007 Community Indicators Victoria survey identified that 40.6% of Hume City residents participate in the arts and culture, compared to 46.5% for the northern and western metropolitan region and 46.6% for the state. According to this survey Hume City had the fourth lowest level of arts participation in Victoria and had the second lowest participation rate of metropolitan municipalities.

6.1.5 Recent State Government evaluation of the arts in community settings (Deloittes, 2007, Small Arts Sector: Research and Evaluation and Arts Victoria & Department for Victorian Communities, 2006, Strengthening Local Communities: Arts in Community Settings) has found that the arts strengthen local communities by:

(a) Engaging hard-to-reach populations; (b) Building community confidence, self-esteem and a sense of belonging; (c) Exploring community issues and aspirations; (d) Providing new skills, training and work opportunities; and (e) Creating new, unique artistic works and cultural expression.

6.2 Research and consultation findings—resident survey

6.2.1 Council’s 2009 arts and cultural telephone survey asked residents about their involvement in arts and cultural activity, not including festivals and events, over the last 12 months. Results indicate that on average 53% of residents participate in the arts and culture activities such as painting/drawing, playing a musical instrument or dance (up from 48% in the 2002 Arts and culture survey). Participation rates vary dramatically across the municipality and correlate to the Australian Bureau of Statistics (ABS) SEIFA rankings of socio disadvantage.

Arts participation rates by Ward

53%

63%

64%

43%

41%

AVERAGE

Jacksons Creek Ward (inc. Sunbury)

Airport Ward (inc. Gladstone Park andTullamarine)

Aitken Ward (inc. Greenvale andCraigieburn)

Merri Ward (inc. Broadmeadows andCampbellfield)



6.2.2 Local residents understand and value the arts for their community strengthening role. The telephone survey identified that participation in the arts is seen to provide:

(a) enjoyment and relaxation; (b) understanding of cultural diversity; (c) opportunities for learning and skill development; (d) growth and development of children and young people; and (e) community building and social connection.

6.2.3 The telephone survey also found that the Hume City community supports

Council’s role in providing opportunities for arts participation in the municipality. The importance of Council support for local arts and cultural activity was rated as ‘Very Important’ (47%) or ‘Important’ (27%) by residents.

Importance of Council support forarts and culture

3%6%

18%

27%

47%

1=Notimportant

2 3 4 5=Veryimportant

6.3 Research and consultation findings—artist and arts organisation survey

6.3.1 A survey of the artists and arts organisations listed on Council’s Artist

Database (70 listings) found that their art practice was the primary source of income for only 10% of artists. However 45% of local artists and arts organisations receive some level of income through box office, sales or commissions.

Sources of funding for arts activity

45% 45%

10%

sales and commissions none government funding



6.3.2 The majority of local artists (52%) are not involved in professional art networks or a member of a professional arts organisation. Of the remainder, 21% are involved in local networks and 21% are involved in state/ national networks.

Membership of professional arts networks

21% 21%

52%

local state/national none

6.3.3 Artists in Hume City value the arts for the contribution they make to self-expression, enjoyment and personal wellbeing.

Art is important because ...

31%

21%

14%

7%

11%

self expression

enjoyment

wellbeing

skill development

friendship

6.4 Research and consultation findings—arts and cultural workshop

6.4.1 An Arts and Cultural Workshop was held in June 2009, with participants from

key arts organisations and external agencies in Hume City, members of HAART (Hume Arts Advisory Team) and Council staff working in strategy and policy areas linked to the arts. The four priority actions identified at this workshop were:

(a) Venues—Create and promote venues, hubs and ancillary services that support cultural life, economic development and sustainability;

(b) Funding—Seek grant funding and partnerships that provide core multi-year funding lead by professional and established arts team;

(c) New art forms—Promote and validate new art forms e.g. though a new arts festival; and

(d) Promotion—Promote the depth and richness of the Arts in Hume though creation of links to national and international arts practitioners and communities.



6.5 HAART advice and feedback

6.5.1 HAART (Hume Arts Advisory Team) met in August 2009 to review the draft

proposed actions. At this meeting strong support was provided for the draft strategy. Key discussion points/ feedback were:

(a) Very strong support for the provision of arts and cultural facilities—‘The whole of Hume is starving for facilities’;

(b) Shared school/ community facilities were seen to be a particular opportunity;

(c) Importance of Artist Register to network artists and implement a number of the actions identified in the Strategy;

(d) Need to write and describe actions in plain English so that they can be easily understood.

6.5.2 Feedback from HAART has been incorporated into the draft of the Strategy

presented to Council for adoption.

6.6 Draft strategy

6.6.1 The Draft Hume City Council Arts and Cultural Development Strategy 2009-2013 is attached (Attachment 1).

6.6.2 The Strategy focuses on the community building value of the arts. The Vision

proposed in the Strategy is: To develop unique arts and cultural opportunities that build strong, inclusive and distinct communities through collaboration and partnership.

6.6.3 The draft Strategy identifies three goals for Council’s work in arts and culture.

These reflect Council’s key priorities and the major opportunities presented by arts and culture:

(a) Social Justice and Inclusion—enhanced through access to innovative arts and cultural activity

(b) Places and Spaces—that express and celebrate community cultural identity and enable innovative arts practice

(c) Identity and Liveability—increased through use of the arts and culture to raise the profile of Hume City and drive investment and population growth

6.6.4 The Strategy proposes 29 actions that will provide the work program for

Council’s involvement and support of arts and culture over the next four years. These actions are grouped under five inter-connected strategies:

(a) Resource and support community based art and cultural activity; (b) Enable professional artists and arts companies to work in Hume City and

engage local communities; (c) Build evidence of the community strengthening role of the arts;



(d) Facilitate the development of facilities that enable arts practice and cultural activity;

(e) Secure funding and partnerships for innovative arts initiatives.

6.6.5 Building on the current evidence base of the community strengthening value of the arts, the following outcomes are the aim of this strategy:

(a) Engage hard-to-reach populations; (b) Build community confidence, self-esteem and a sense of belonging; (c) Explore community issues and aspirations; (d) Provide new skills, training and work opportunities; and (e) Create new, unique artistic works and cultural expression.

6.6.6 Two forms of performance measure have been identified in the Strategy:

(a) Key Performance Indicators—to assess the impact of individual strategies and the annual work program

(b) Outcome measures—that assess the impact of the Strategy overtime, against data known before implementation began.

6.7 Implementation

6.7.1 Once Council has adopted a new Arts and Cultural Development Strategy, an Implementation Plan will be prepared that prioritises actions and allocates resources. The Implementation Plan will also identify a reporting schedule to inform Council of the progress of the Strategy.

6.7.2 The Strategy has been developed within the context of Council’s current budget and resources for arts and cultural activity. As a result the Strategy acknowledges the value of partnerships to increase arts and cultural opportunities within Hume City as well as the need to secure external project funding for initiatives to be undertaken by Council.

6.7.3 The Strategy proposes the creation of an Arts Encouragement program (Strategy 1, Action 7), based on the successful and long established Sports Aid Grants. It is proposed that Council refers $10,000 for the establishment of an Arts Encouragement Award to deliberations for the 2010/11 Recurrent Budget.

6.7.4 The lack of arts and cultural facilities across Hume City, and the importance of venues that enable innovative arts and cultural practice, was a major finding of the consultation and research undertaken for this Strategy. The need for planning for arts and cultural facilities is noted not only in this Strategy but also the Hume City Council Plan 2009-2013 and emerging directions of the Performing Arts and Cultural Centre Feasibility Study.



7. CONCLUSION: 7.1 The value of the arts in Hume City lies in their contribution to building strong, inclusive

and distinct communities. The Arts and Cultural Development Strategy proposed to Council for adoption identifies a range of strategic actions that will develop culturally vibrant and resilient communities through engagement with the arts.

7.2 Support and implementation of this Strategy will ensure that the Hume City community achieves the full range of community strengthening benefits from participation in the arts.

12 OCTOBER 2009 REPORTS – LIFELONG LEARNING ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – LIFELONG LEARNING REPORT NO:

LL9

REPORT TITLE:

Hume City Council Long Day Care Policy

SOURCE:

Lisa Letic, Manager Family and Childrens Services

DIVISION:

City Communities

FILE NO:

HCC

POLICY:

A Family and Children's plan for Hume City 2008-2013



Hume City Council has an important role in facilitating the provision of a range of Early Childhood Services that the community can access including long day child care. This report seeks Council adoption of a Long Day Care Policy which outlines Council’s roles and responsibilities and acknowledges the service system context, and partnerships with other service providers required to ensure a robust and flexible early years service system operates within Hume City.

2. RECOMMENDATION:

That Council adopts the Hume City Council Long Day Care Policy.

3. FINANCIAL IMPLICATIONS:

There are no financial implications associated with the adoption of this policy. The Policy is designed to inform Council’s future decision making in relation to childcare provision and will be considered along with any financial implications as the need arises.


4.1 Council’s charter is to advance the health and wellbeing of its community as specified

by the Local Government Act (1989).

4.2 The licensing and operation of children’s services in Victoria are regulated by the State Government through the Children’s Services Act (1996) and Children’s Services Regulations (2009).

12 OCTOBER 2009 REPORTS – LIFELONG LEARNING ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: LL9 (cont.)


4.3 Council is the responsible authority for assessing planning applications for the establishment of long day child care facilities in the City in accordance with the Planning and Environment Act (1987).

5. RISK MANAGEMENT

5.1 The application of this policy will include comprehensive risk assessments identifying

adverse risks and potential opportunities (such as financial). Risk assessment findings will be included in Council’s risk register.


6.1 In 2009, early years service providers, including Council staff and staff from external

organisations, were invited to inform the development of the draft Policy by sharing their practical and contemporary knowledge of the challenges facing childcare services in Hume City.

6.2 In contributing to the development of the draft Policy, the following elements were

identified as important guiding principles to strengthening the childcare service platform in Hume City and have been reflected in the policy:

(a) families should have a choice of high quality, child centred and family friendly preschool and child care services

(b) service provision should reflect community needs including flexible and innovation models of service design and delivery

(c) Opportunity for collaboration between service providers should be facilitated to maximise support to children and families

(d) engagement with families and communities should be a high priority for providers to ensure that services meet local needs and the value of early learning is promoted to all families throughout Hume City.

7. DISCUSSION: 7.1 Council’s role in facilitating the provision of childcare has evolved and expanded over

time to respond to a growing community, societal change and government policies supporting families and children. The formulation of this policy is designed to guide the future development of childcare services in Hume City.

7.2 The importance of early years service provision to the future health and wellbeing of

children and community prosperity is now widely recognised by Government policy1. The Hume City Council long day care policy provides a local expression of commitment and support to early years development, and aligns with Council’s strategic directions and commitment to promoting social justice and life-long learning.

1 Refer to the Victorian Government’s ‘Blueprint for Education and Early Childhood Development (September 2008) and the Council of Australian Governments (COAG) Early Childhood Development Strategy—Investing in the Early Years, and an Early Years Learning Framework (July 2009)

12 OCTOBER 2009 REPORTS – LIFELONG LEARNING ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: LL9 (cont.)


7.3 The ‘early years’ service system in Hume City has a solid foundation, underpinned by a well established platform of preschool services and a growing long day childcare sector. The directions arising from the COAG early Years reform agenda present opportunities to strengthen the Hume City ‘early years’ service platform and increase opportunities for an improved quality of early learning and development for Hume’s children.

7.4 There are challenges that will arise with the introduction of these new directions; they

will challenge practices and invite service providers to work in closer partnership. There will also be challenges to the adequacy of the current facilities to meet the new service standards (including the increase in contact hours for preschool) and the growth in service demand arising from population growth. Highlighting the need for Council to undertake comprehensive and timely service planning and advocate for early years capital development.

7.5 Council is well placed to provide leadership and influence positive change to the sector

through its service planning, advocacy and service provision. This policy aims to inform Council’s future decisions about each of these roles in the context of the broader policy direction.

7.6 The Hume Early Years Partnership and other service providers will be integral to

supporting Council’s response to these new directions. This existing network of early years service staff in Hume City, provides a strong foundation to continue building an integrated and connected early years service system, including preschool and childcare services.

8. CONCLUSION:

The Hume City Council Long Day Care Policy will guide Council’s decision making for the planning and delivery of long day childcare services in Hume City. The Policy outlines Council’s roles and responsibilities for these services and acknowledges the partnership with other service providers to ensure a robust and flexible early years service system operates within Hume City.

12 OCTOBER 2009 REPORTS – ECONOMY AND EMPLOYMENT ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – ECONOMY AND EMPLOYMENT REPORT NO:

EC45

REPORT TITLE:

Plenty Food Group

SOURCE:

Grant Meyer, Manager Economic Development

DIVISION:

City Sustainability

FILE NO:

HCC06/62

POLICY:

-


Encourage and celebrate excellence, innovation and sustainable practices amongst Hume businesses, identifying clusters and networks to support prosperity and success


This report outlines Council’s partnership with the City of Whittlesea and the Victorian Government in the form of the award winning Food Industry Cluster, the Plenty Food Group (PFG). It details some recent successes of the PFG and provides evidence of positive business outcomes for those associated with the cluster.

2. RECOMMENDATION: That Council notes the report.

3. FINANCIAL IMPLICATIONS: 3.1 Hume City Council contributes $16,000 annually towards the funding of a Cluster

Coordinator to manage the day-to-day operations of the PFG. Further to this commitment, Council provides an additional $8,000 of in-kind support annually towards PFG program delivery and event management.

3.2 The City of Whittlesea also contributes $16,000 towards the funding of the Cluster

Coordinator. In addition, it provides $12,000 of in-kind administrative, office support and website hosting.

3.3 The Victorian Government, through Regional Development Victoria (RDV), has been a

strong and invaluable supporter of the PFG since its inception. It contributed $50,000 in the 2008/2009 financial year through its ‘Innovative Cluster Program’ towards the funding of a Cluster Coordinator. RDV has recently been approached by Hume and Whittlesea councils to commit funding for the 2009/2010 financial year.

12 OCTOBER 2009 REPORTS - ECONOMY AND EMPLOYMENT ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: EC45 (cont.)


4. DISCUSSION:

Background: 4.1 In 2002, Hume City Council, City of Whittlesea and the Victorian Government jointly

funded a feasibility study to establish the PFG food industry cluster in Melbourne’s North.

4.2 Funding was subsequently received from the Victoria Government’s Department of

Innovative, Industry and Regional Development (DIIRD) to establish the PFG through the ‘StreetLife’ program. Further ongoing funding has been received from Regional Development Victoria (RDV).

4.3 The PFG Cluster Program supports small, medium and large food manufacturers and

allied food-related businesses based in Melbourne’s North. The PFG services over 130 food manufacturers varying in size and type, producing a range of products for the retail, food services and hospitality sectors (both domestic and international).

4.4 The Hume / Whittlesea region employs over 5,000 people in the food manufacturing

sector and is worth approximately $2.2 billion annually to the economies of Hume and Whittlesea.

4.5 The Cluster Coordinator (Marshall Dwyer) is a fulltime employee and is based at the

City of Whittlesea offices in South Morang. Much of his time is spent visiting businesses in Hume and Whittlesea. He provides support to the PFG Steering Committee by delivering services to members. Together with Hume City Council’s Economic Development department and DIIRD, he markets the benefits of the PFG to manufacturers and the wider food industry.

Membership Program: 4.6 The PFG provides a number of essential services to members. This is funded by

grants and in-kind support from key stakeholders. 4.7 To assist with a longer-term goal of financial self sufficiency, the PFG Steering

Committee endorsed a resolution that members financially contribute towards the sustainability of the cluster via a membership program.

4.8 The membership program was launched in September 2007 with two category options:

(a) Integral Member (for food manufacturers based in Melbourne’s North).

(b) Alliance Member (for industry related, groups and businesses that provide

services to the food manufacturing sector and for manufacturers that reside outside the PFG region).

4.9 In the 2008/2009 financial year the PGF had 40 financial members comprising an

income of $11,800.

4.10 The projected total membership income for 2009/2010 financial year is $20,000.



Achievements 2008/2009: 4.11 The Plenty Food Group has worked on a number of projects with educational and

industry bodies to provide valuable information and resources to members to assist in the growth and development of their businesses. Recent projects include:

(a) Development and implementation of a water saving toolkit in partnership with RMIT University, Yarra Valley Water and the Smart Water Fund. The project was promoted nationally providing exposure to many participating companies;

(b) Fine Food Australia, Melbourne 2008. Five manufacturers co-exhibited on the PFG stand. Over 24,000 people visited the Expo;

(c) Food & Hotel Asia – Singapore 2008. One manufacturer co-exhibited on the PFG stand. The manufacturer generated orders of over $80,000 (now regular orders). The PFG stand represented over 20 local manufacturers showcasing a variety of products;

(d) PFG Manufacturing Survey 2008 – 26 participants completed the survey covering, employment, marketing, logistics, export, private label and environmental;

(e) PFG Product Directory. An online searchable directory showcasing hundreds of products from local food manufacturers. The PFG’s website can be viewed at: http://www.plentyfoodgroup.com.au ;

(f) HOFEX 2009, Hong Kong – the largest international food exhibition in the Asia pacific region. PGF attended the expo with two manufacturers and returned with over 160 business leads and contacts. PFG was also the auspice organisation for the Victorian State Government (who assisted an additional 20 Victorian companies);

(g) Fine Food Australia, September Sydney 2009. Six manufacturers co-exhibited on the PFG stand; The PFG stand represented over 20 local manufacturers showcasing a wide variety of products.

PFG Survey 2008: 4.12 In December 2008, the PFG engaged local food manufacturers in a comprehensive

survey covering employment, marketing/promotion, logistics, export and the PFG. The purpose of the survey was to understand how to better meet the needs of current and future members.

4.13 A total of 26 participants completed the survey (all food manufacturers in the region). A full list of survey results is detailed in the Plenty Food Group Business & Marketing Plan 2009 to 2011 (refer Appendix A).



4.14 Snapshot of results: (a) 85% see the PFG providing benefits to the local food manufacturing

industry; (b) 85% have experienced business growth in the past two years; (c) 85% forecast local market growth in the next two years; (d) 81% are concerned about their “Green Footprint”; (e) 73% wish to gain additional promotion through PFG events; (f) 62% envisage employing additional staff; (g) 58% forecast export growth in the next two years; (h) 46% have not been affected by the current economic environment with

15% experiencing positive results.

Plenty Food Group Business & Marketing Plan 2009-2011:

4.15 The Plenty Food Group Business & Marketing Plan 2009-2011 outlines a series of key objectives for growing the PFG and positioning the region as a preferred location for food manufacturing. The key objectives include:

(a) Increasing domestic market and export growth; (b) Web based marketing and information; (c) Supply chain integration; (d) Employment – skill training and recruitment; (e) Increasing confidence and dealing with major buyers in local, national

and international markets.

Awards & Recognition:

4.16 The PFG was a winner in the Economic Development Australia (EDA) 2008 National Awards for Economic Development Excellence. It won the ‘Strategic Economic Development Award – Regional’ category. The PFG was jointly nominated by Hume City and City of Whittlesea councils and focussed on the group’s development of partnerships with key stakeholders to promote the economic benefits of the region to the wider food industry. The award, which was accepted by Cr Atmaca on behalf of both councils, can be viewed at: http://www.edaustralia.com.au/content.php?id=445

5. CONCLUSION: 5.1 The PFG continues to provide Hume and Whittlesea food manufacturers with access to

new business opportunities both domestically and internationally. This has lead to the establishment of new product lines and branding, additional industry and market growth and increased employment opportunities for local residents.

5.2 The PFG has received strong support from the Victorian State Government and has received national acclaim from Economic Development Australia. A comprehensive Plenty Food Group Business & Marketing Plan 2009-2011 has been prepared to guide the future directions of the cluster and both Hume City and City of Whittlesea councils remain strongly committed to the PFG.

12 OCTOBER 2009 REPORTS - TRANSPORT ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – TRANSPORT REPORT NO:

TR82

REPORT TITLE:

Wildwood Road Widening, Oaklands Junction - Land Acquisition

SOURCE:

Gus Ferraro, Technical Officer, Infrastructure Planning

DIVISION:

City Infrastructure

FILE NO:

HCC08/109

POLICY:

-


A safe and effective freight and road network


1.1 This report recommends that Council sign and seal a Transfer of Land and a Deed of

Release for compensation payable on parcels of land at 1405 Somerton Road and 200 Wildwood Road, Oaklands Junction.

2. RECOMMENDATION:

2.1 That Council:

2.1.1 Sign and seal the Transfer of Land and Deed of Release between Hume

City Council and owners of the lands to be acquired at 1405 Somerton Road and 200 Wildwood Road, Oaklands Junction.

2.1.2 Authorises the Chief Executive officer to sign any associated documentation in relation to these land transfers.

3. FINANCIAL IMPLICATIONS: 3.1 The Transfer of Land and Deed of Release for Road R1 on PS 628666R entitles the

claimant to land compensation of $3,400 and legal costs of $550 and for Road R1 on PS 628665T entitles the claimant to land compensation of $2800 and valuation costs of $1,925 and legal costs of $365 a total amount of compensation payable of $9,040.00 (GST inclusive).

3.2 The Deed also prevents the claimant from making any future claims for compensation regarding the land acquisition.

12 OCTOBER 2009 REPORTS - TRANSPORT ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: TR82 (cont.)


3.3 The land acquisition costs are to be paid with funds allocated from the capital works budget for Wildwood Road reconstruction i.e. Project No. 09119 – allocation $422,000.


4.1 Planning and Environment Act 1987 4.2 Valuation of Land Act 1960 4.3 Land Acquisition and Compensation Act 1986

5. DISCUSSION: 5.1 Background

5.1.1 Council has programmed to carry out the widening of Wildwood Road from

Somerton Road to St Johns Road, Oaklands Junction as part of the 2009/10 Capital Works Program. The works will include widening of the road at the intersection of Wildwood Road and Somerton Road to allow for an auxiliary right turn lane, turning from Wildwood Road into Somerton Road.

5.1.2 In order to effect the proposed intersection upgrade, Council need to acquire

approximately 50 square metres of private land on the south east corner and 113 square metres of private land on the north east corner. Acquisition is to be carried out in accordance with the provisions of the Land Acquisition and Compensation Act 1986 (the1986 Act);

5.1.3 The lands to be acquired are located within Oaklands Junction at 1405

Somerton Road and 200 Wildwood Road, Oaklands Junction.

5.1.4 The lands to be acquired comprised only vacant land and do not impact on any existing buildings.

5.2 Process for Compulsory Acquisition

5.2.1 The following processes have occurred in accordance with the requirements

of the Land Acquisition and Compensation Act 1986: (a) A formal Notice of Intention to Acquire was served on the owners (copy

attached)

(b) Council’s solicitors prepared the Deed of Release outlining the amount of compensation payable to the Claimants and discharging any further claims in relation to the acquisition.

5.3 The key terms of the agreement are as follows:

5.3.1 The lands to be acquired are identified as Road R1 on PS 628666R and PS 628665T with a total area of 163 square metres.

5.3.2 Compensation payable to the claimants comprises the value of the land acquired and legal fees.



5.4 To finalise the transfer of land, duplicate copies of the Transfer of Land and Deed of Release must now be signed by the owners for the subject land parcels and Council.

5.5 Council Solicitors (Maddocks) have prepared two duplicate documents of the Transfer of Land and Deed of Release.

5.6 The Claimants in signing the Deeds of Release accept that payment of the compensation is full and final settlement of all expenses payable in relation to the acquisitions.

6. CONCLUSION: 6.1 Following a formal process of compulsory acquisition, it is now appropriate that Council

signs and seals the Transfer of Land and Deed of Release to allow the settlement of this matter to occur.

6.2 The land acquisitions will enable the reconstruction of Wildwood Road that will improve

the safety of traffic movement at the Intersection of Wildwood Road & Somerton Road, providing a positive outcome for motorists and residents of Hume.







REPORT NO:

TR83

REPORT TITLE:

Road Safety Rules 2009

SOURCE:

John Monaghan, Manager Infrastructure Planning

DIVISION:

City Infrastructure

FILE NO:

-

POLICY:

-




The purpose of this report is to highlight a number of new road rules that will be in force in Victoria from November 2009. These rules have been introduced to provide rules that are generally consistent with the road rules in other states and territories based on the Australian Road Safety Rules. The new road rules will assist Victoria to achieve its goal of 30% reduction in deaths and serious injuries by 2017 and will replace the Road Safety (Road Rules) Regulations 1999.

2. RECOMMENDATION: That Council: 2.1 notes the new Road Safety Road Rules 2009 that will replace the Road Safety

(Road Rules) Regulations 1999.

2.2 create a link to the VicRoads web site where the new Road Safety Rules Regulations are explained.

2.3 advise the community of the new Road Safety Rules 2009 that will be in force from 9th November 2009, by distribution of two media releases.


3.1 The financial implications are minimal. Associated costs will be covered in Council’s

operating budget. 4. LEGISLATIVE POWERS:

4.1 The existing Road Safety Regulations expire on 9th November 2009 at which point the

Road Safety Rules 2009 will take affect.



5. COMMUNITY CONSULTATION: 5.1 VicRoads will commence a media campaign to inform the public of the new regulations

and Council will have a link to the VicRoads web site that explains the changes in addition to two media releases.

6. DISCUSSION:

Background

6.1.1 The existing Victorian Road Safety Rules Regulations are 10 years old and

differ slightly from some of the Regulations in other states in Australia. 6.1.2 VicRoads and other State Road Authorities saw an opportunity to bring

consistency to the regulations across Australia to reduce anomalies, improve safety shortcomings of the regulations and introduce regulations to deal with technology such as mobile phones and satellite navigational systems.

6.1.3 Summary of changes incorporated into Road Safety Rules 2009

(a) There are 10 key changes to the regulations aimed at improving safety, mobility and general use of the road. All drivers will need to make themselves aware of the 10 key changes related to the following and as detailed in Attachment 1.

(i) Line marking (ii) Parking (iii) Trams (iv) Seatbelts (v) Drivers (vi) Wheeled recreational devices (scooters, skateboards, roller

blades) (vii) Mobile phones & Visual display units (viii) Cyclists (ix) Motorcyclists (x) Pedestrians

7. CONCLUSION:

The new Road Safety Rules 2009 will simplify the road rules, improve road safety and make the whole road safety rules system work better for the regulators, enforcers, and courts across Australia.



Attachment 1 Summary of changes to the Road Safety (Rules) Regulations 1. Line marking

1.1.1 A driver must not overtake or U-turn over a single continuous dividing line or a single continuous dividing line to the left of a broken line.

1.1.2 A driver must not change lanes over a single continuous lane line. 1.1.3 A driver must not drive on a painted island that is surrounded by a single continuous

line unless entering or leaving the road, or entering a turning lane that begins immediately after the painted island.

1.1.4 A driver must not drive on a painted island that is surrounded by a double line. 1.1.5 A driver can not drive over a painted island at a freeway on-ramp.

2. Parking 2.2.1 A driver is not permitted to stop to park in a slip lane, or on a painted island. 2.2.2 Providing there is at least three metres of clear road between the car and the

following, a driver can parallel park opposite:

• double continuous dividing lines • a single continuous dividing line • a single continuous line to the left or right of a broken dividing line • a dividing strip • a broken line

3. Trams 3.1.1 When sharing the road with trams, a driver must stop before passing the rear of a

stopped tram at a tram stop. 3.1.2 A driver may then proceed at no more than 10km per hour, provided the tram doors

are closed and pedestrians have completed crossing between the tram and kerb. 3.1.3 Unless there is a sign which permits parking, a driver must not stop or park within 20

metres before a tram stop. 3.1.4 A driver may drive in a tram lane for up to 50 metres in order to enter or leave the

road or to avoid an obstruction. 3.1.5 A driver is not allowed to drive in a tramway. A tramway is identified by ‘tram only’

signage and is marked along the left side of the tracks by two continuous yellow lines or raised dividing strips/separation kerb.



4. Seat Belts 4.4.1 All young children under seven years must be properly restrained when travelling in

a car. 4.4.2 The type of restraint required to be used are as follows:

• Under six months old: Properly fastened and adjusted approved rearward facing child restraint.

• Between six months and under four years old: Properly fastened and adjusted approved rearward facing OR forward facing child restraint with inbuilt harness.

• Between four years but under seven years old: Properly fastened and adjusted approved forward facing child restraint with inbuilt harness OR a properly positioned booster seat and fastened and adjusted seatbelt.

• Children under four years must not travel in the front seat of a car which has two or more rows of seats.

• Children between four and seven years must not travel in the front seat unless all other seats are occupied by children under seven years of age.

• After all seating positions fitted with restraints/seatbelts are occupied; carrying additional unrestrained children as passengers is prohibited.

• For children under seven years, taxis and buses are exempt from the mandatory child restraint law.

4.4.3 All passengers in a car must wear a seatbelt or a child restraint.

4.4.4 It is the responsibility of the driver to ensure that all passengers, including children

and adults, are wearing a child restraint or a seatbelt.

Drivers

7.1.1 All passengers in a car must wear a seatbelt or a child restraint.

7.1.2 It is the responsibility of the driver to ensure that all passengers, including children and adults, are wearing a child restraint or a seatbelt.

7.1.3 Drivers: A driver must keep a crossing clear (including children’s crossing, marked

foot crossings and pedestrian crossings).

7.1.4 A driver must stop at the first stop line of the area reserved for cyclists, and must not enter this area when the traffic light is red.

7.1.5 If obstructing a driveway, a driver is only allowed two minutes to pick up or drop off

passengers and must not leave the vehicle unattended.

7.1.6 When driving a car, the driver must not have another person or animal on their lap. 8. Wheeled Recreational Vehicles (WRV)

8.1.1 Scooters, skateboards and roller blades are now described as wheeled recreational

vehicles.



8.1.2 WRV cannot be towed or allowed to slipstream.

8.1.3 WRV must not be used on the road at night (except crossing by the shortest route e.g. at traffic lights).

8.1.4 Scooter riders must wear a bicycle helmet.

Mobile Phones and Visual Display Units 8.1.5 A driver can only use a mobile phone in a vehicle if it is secured in a commercially

designed cradle (holder) fitted to the vehicle. Or it can be remotely operated by the driver without the driver touching any part of the phone.

8.1.6 Making or receiving a phone call using a hands free unit is permitted. All other

functions (including video calls, texting and emailing) are prohibited. 8.1.7 A driver can not hold a mobile phone (whether engaged in a phone call or not)

unless they are passing the phone to a passenger. 8.1.8 Learner and P1 drivers are not permitted to use a hand-held or hands-free mobile

phone while driving. 8.1.9 Driver’s aids (such as GPS devices) can only be in use if they are part of the vehicle

design, or are secured in a commercially designed mounting fitted to the vehicle.

8. Cyclists

8.1.1 A passenger on a bicycle must sit in a proper seat and wear a helmet. 8.1.2 A driver must stop at the first stop line of the area reserved for cyclists at

intersections. A cyclist must stop at the second line. 8.1.3 To allow cyclists to do a hook turn at some intersections, an area reserved will be

made available for them to do this. 9. Motorcyclists

9.1.1 A child under eight is not allowed to travel as a pillion passenger on a motorcycle. However, they are still allowed to travel in a sidecar.

9.1.2 A sidecar can only carry the number of passengers for which it is designed.

9.1.3 Animals can not be carried on the petrol tank of a motorcycle.

10. Pedestrians

When walking on a road, pedestrians must walk facing the approaching traffic, usually on the right side of the road.



REPORT NO:

TR84

REPORT TITLE:

Community Road Safety Program

SOURCE:

Nick Varvaris, Assistant Manager Traffic & Civil Design

DIVISION:

City Infrastructure

FILE NO:

HCC08/109

POLICY:

-




The purpose of this report is to provide Council with information regarding a proposed new VicRoads model to delivery community road safety programs.

2. RECOMMENDATION:

2.1 That Council

2.1.1 notes the Community Road Safety Partnership Model adopted by VicRoads and shown as Attachment 1.

2.1.2 investigate potential local and regional Local Community Road Safety

Groups in the context of the adopted model. 2.1.3 invite public comment for input into Council’s Expression of Interest for

the Local Community Road Safety Group. 2.1.4 officers report back to Council on resident feedback and

recommendations regarding the formation of the Local Community Road Safety Groups.


Council’s representative on the LCRS group will be covered by internal operating costs.

4. LEGISLATIVE POWERS: 4.1 Council has the power under the Local Government Act 1989; Road Safety (Road

Rules) Regulations 1999 and the Road Safety Act 1986 to install traffic control devices.




5.1 The community will be advised at an appropriate time of the VicRoads Community

Road Safety Model and the opportunity to submit an Expression of Interest regarding the formation of the Community Road Safety Groups.

6. DISCUSSION:

6.1 Background

6.1.1 Council currently participates on the RoadSafe North Western committee

which organises the delivery of road safety programs. The committee comprises of officers from VicRoads, Hume City Council, Brimbank City Council, Melton Shire Council and the Victorian Police.

6.1.2 Road safety programs include Not So Fast (speeding), Looking After Our

Mates (drink driving), Keys Please (young drivers), Years Ahead (older drivers) and Staring Out Safely (pedestrians).

6.1.3 The committee is funded by VicRoads, currently at $35,000 per year, to

deliver road safety programs. Councils can also apply for funding to VicRoads to deliver additional community road safety programs.

6.1.4 Over the last twelve months VicRoads has undertaken an extensive process to inform the review for the future development and delivery of community road safety programs in Victoria to ensure the program is best placed to assist the community in reducing road trauma.

6.1.5 Local Government, along with other local road safety stakeholders provided valuable input to the stakeholder engagement process to inform the review and shape the future model.

6.1.6 VicRoads is committed to looking at ways to improve the way it engages and works with local government, community organisations like RoadSafe and Victorian community.

6.1.7 VicRoads has provided Council with a new Community Road Safety Partnership Model (Attachment 1) for the future development and delivery of community road safety programs. The model provides an opportunity to address key road safety issues. Local Government will remain a key stakeholder in the process.

6.2 Proposed Model

6.2.1 The VicRoads Corporate Management Group endorsed a model for the future delivery of community road safety programs in Victoria. This model would replace the current VicRoads RoadSafe committees.

6.2.2 The model proposed comprises a statewide Taskforce Group of

representatives from LCRS groups, Department of Justice, Department of Transport, Department of Human Services, Department of Planning and



Community Development, Department of Education, MAV, LGPRO, VCOSS, TAC, RACV, Victorian Police and VicRoads.

6.2.3 The Taskforce Group would be responsible for implementing community road

safety strategy plans and overseeing the LCRS groups.

6.2.4 Local Community Road Safety groups are proposed to be formed in partnership with the key community groups, Local Government and State Government.

6.2.5 The Local Community Road Safety groups are proposed to have the following

functions: (a) identifying local road safety needs (b) developing local road safety programs (c) establishing and maintaining partnerships (d) attracting funds and resources (e) budgeting and allocating resources for local programs (f) conducting local community campaigns (g) ensuring the interests of local communities are represented and (h) building the capacity of local groups

6.2.6 Functions and aspects of Local Community Road Safety Groups are as

follows: (a) A Local Community Road Safety group would cover a geographical area

determined to be workable in terms of common issues, organisational synergies and operational efficiencies. The group would report up to the taskforce group. The group may cover the size of a municipality or the size of a region. This will be determined by the community in terms of what is “workable” taking into account common issues, organisational synergies and operational efficiencies.

(b) The membership of the LCRS groups would be broadly based and include key community such as youth, culturally and linguistically (CALD), Local government and State government interests.

(c) Groups would demonstrate engagement with their communities. This might include annual community road safety forums. The group would include the analysis of crash data and would contribute to the analysis of emerging local issues that may inform statewide strategic issues.

(d) Local Groups would be represented on Taskforce with seven regional representatives. Further clarification is required as to how this will be determined.

(e) A local group may be a separate organisation established to deal with community road safety or partnership of existing organisations.

(f) The information provided by VicRoads does not define the specific roles of Councillors and Council officers. Council officers will meet with VicRoads to seek clarification regarding this matter and funding arrangements.



6.2.7 The main difference between the current structure and the proposed model is: (a) the proposed model would include community representatives on the

LCRS group.

(b) in the proposed model the LCRS group has to apply for funds from VicRoads to run road safety programs.

(c) in the proposed model the LCRS group may cover a different geographical area and size.

6.2.8 The existing RoadSafe North Western committee will be phased out over the

next 1 – 2 years and expressions of interest from community groups will be sought from mid 2010.

7. CONCLUSION:

7.1 The VicRoads RoadSafe committees that deliver road safety programs will be phased

out over the next 1 - 2 years and be replaced by Local Community Road Safety groups. The new groups will have a broader representation from community groups and it is important that our Council is represented.

7.2 Council, with the community, should investigate both potential local and regional Local

Community Road Safety Groups prior to it submitting an expression of interest in 2010.



Attachment 1







12 OCTOBER 2009 REPORTS – TRANSPORT ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: TR84 (cont.)


12 OCTOBER 2009 REPORTS – COUNCIL ORDINARY COUNCIL MEETING OF COUNCIL


COUNCIL PLAN THEME – COUNCIL REPORT NO:

CN575

REPORT TITLE:

Carriageway easement proposal for 11 City Views, Sunbury

SOURCE:

Hayley Drummond, City Valuer

DIVISION:

City Governance and Information

FILE NO:

571640-02

POLICY:

-


A Council engaging with and advocating on behalf of its community


Following consideration of submissions, this report provides a recommendation regarding the proposal to grant a carriageway easement over a Council reserve at 11 City Views, Sunbury.

2. RECOMMENDATION:

That Council: 2.1 having considered the written and verbal submissions received, resolves to

grant a carriageway easement in favour of Albert, Gina and Antonio Nicolo (the applicants), over the Council reserve described in Certificate of Title Volume 10685 Folio 535, known as 11 City Views, Sunbury, as shown in Attachment 1.

2.2 authorises the signing and sealing of the Creation of Easement documentation. 2.3 authorises Council’s Chief Executive Officer to negotiate the terms of the

carriageway easement, and to execute any other associated documents (including any required 173 Agreement) associated with the Creation of Easement and associated documentation.

2.4 notes that 11 City Views will remain in the ownership of Council. The application is only for carriageway easements rights over this Reserve.

2.5 notes the conditions under which Council shall grant the carriageway easement as follows: 2.5.1 the applicants must pay $1,000 plus GST as consideration to Council.

12 OCTOBER 2009 REPORTS – COUNCIL ORDINARY COUNCIL MEETING OF COUNCIL REPORT NO: CN575 (cont.)


2.5.2 prior to any works commencing on the driveway, all existing services will need to be relocated so that they are not underneath the new driveway to the satisfaction of Council and the appropriate service authorities.

2.5.3 the driveway must be properly formed and must be drained and provided with an all-weather seal coat.

2.5.4 vehicle access to and from the subject land must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway and the vehicles using the crossing. The location, design and construction of the vehicle crossing must be approved by Council after first obtaining a road opening permit from Council.

2.5.5 the proposed driveway must be designed and plans approved by Council’s Traffic and Engineering Department prior to construction.

2.5.6 any trees that need to be removed shall be re-instated either within the reserve or on the applicants land in a location to be determined to the satisfaction of Council.

2.5.7 the construction and maintenance of the driveway must be at the cost of the applicants.

2.5.8 the carriageway easement must be maintained by the applicants to Council’s satisfaction.

2.5.9 except during construction of the dwelling, the driveway must only be used for residential purposes and vehicles must not exceed 3 tonnes.

2.5.10 the applicants must provide public liability insurance of $20 million.


3.1 Council has obtained a current market valuation that has assessed the amount of

compensation payable to Council at $1,000 plus GST. The valuation is dated 7 August 2009.

3.2 Any costs associated with the proposal, such as survey and the legal fees shall be payable by the applicants.

4. LEGISLATIVE POWERS: 4.1 The process of granting a carriageway easement to the applicant requires Council to

comply with sections 189 and 223 of the Local Government Act 1989 (“the Act”). This is because Council is providing an interest in land and therefore selling land within the meaning of section 189 of the Act.

4.2 Section 189 of the Act provides that, before selling land, Council must ensure that:



4.2.1 a public notice of its intention to do so is given at least four weeks prior to selling; and

4.2.2 it obtains a current valuation of the land.

4.3 Section 223 of the Act states that:

4.3.1 a person has a right to make a submission in respect of the proposed sale; and

4.3.2 any submission received in respect of such notice must be considered by Council or a Committee of the Whole of Council in deciding whether or not to proceed with the sale.

4.4 In accordance with these requirements, Council has obtained a current market valuation and published a public notice in the Sunbury Leader on 18 August 2009.

4.5 Additionally a meeting of the Committee of the Whole of Council heard submissions on 21 September 2009, with details provided below.

4.6 It is important to note that the proposal is not for Council to sell the Reserve at 11 City Views. Instead Council will be providing carriageway easements over the Reserve and it will remain in Council ownership.


5.1 The community consultation has comprised of a public notice in the Sunbury Leader

newspaper.

5.2 Additionally, all of the landholders within City Views were sent a letter advising them of the proposal and providing a copy of the public notice.

5.3 Three written submissions were received which were all against the proposal and these are attached to this report. Submission 2 and Submission 3 comprised the same content.

5.4 The submissions were received from: 5.4.1 Submission 1: Mr Wesley Bell, 9 City Views, Sunbury. 5.4.2 Submission 2: Carlo and Giovanna Iacobucci, 10 City Views, Sunbury. 5.4.3 Submission 3: Melissa Byers and Justin Burt, 12 City Views, Sunbury.

5.5 Additionally, at the meeting of the Committee of the Whole of Council, held at the

Broadmeadows Council Chamber on 21 September, 2009, two people spoke in support of their submission. These were: 5.5.1 Mr Wesley Bell, and 5.5.2 Mr Justin Burt.

5.6 In addition to his original submission, Mr Burt provided a more detailed submission that

he spoke to at the meeting. A copy of his additional submission comprises Submission 4.



5.7 Also at the meeting, Mr Tony Nicolo, representing himself, presented a submission as the applicant in support of the proposal. A copy of his submission comprises Submission 5.

5.8 The minutes of this meeting are contained in Attachment 3.

6. DISCUSSION: 6.1 The following is a summary of the issues raised by the submitters.

6.1.1 The impact of the carriageway easement will have a detrimental impact on the

value of my property caused by loss of privacy and increased traffic flow. Officers comment: A condition of the granting of the carriageway easement will be that, except during construction of the dwelling, the driveway must only be used for residential purposes and vehicles must not exceed 3 tonnes. The driveway must also be properly formed and drained. This will provide the least possible disruption to residents when the driveway is used.

6.1.2 The owner already has an access point to his property. Officers comment: The applicant is entitled to construct one dwelling on his property at 450 Reservoir Road, Sunbury. Whilst he can access the property and build in the south-west corner, he is seeking to build above City Views with a shorter driveway. He also has existing services under the reserve.

6.1.3 There will be a need to remove several established native trees that are positioned on the Council land. Officers comment: A condition of the proposal is that any trees that need to be removed shall be re-instated either within the reserve or on the applicants land in a location to be determined to the satisfaction of Council.

6.1.4 I was not given the opportunity to purchase the land and I would like to. Officers comment: It is important to note that Council is not selling the reserve to the applicant. Instead, Council shall be retaining ownership of the land, but allowing the applicant to have a carriageway easement right over the land. Once the easement has been granted, the applicant shall be legally able to access his property over the Council reserve, through a carriageway easement on Council’s land Title.

6.1.5 At the time of buying the property, the boundaries of the subdivision were the limit for any residential zoning of the Mount Holden Estate. Officers comment: The applicants property at 450 Reservoir Sunbury shall remain as one allotment and shall not be further subdivided. The land is not being rezoned. 450 Reservoir Road is currently vacant, however the applicant is entitled to construct one dwelling on his parcel of land.



6.2 Following consideration of these submissions, it is proposed to proceed with granting a carriageway easement to the applicants subject to conditions. These conditions are outlined in Section 2.4 of the Recommendation.

6.3 The conditions have been designed to minimise the impact of the driveway on

neighbouring properties and addresses a number of concerns raised by the submissions received.

7. CONCLUSION: Following consideration of submissions, it is recommended to proceed to grant the carriageway easement to the applicant subject to the conditions outlined in this report.



ATTACHMENT 1



ATTACHMENT 2, SUBMISSION 1















ATTACHMENT 3







REPORT NO:

CN576

REPORT TITLE:

Response to the Inquiry into the Impact of the Change to the Urban Growth Boundary

SOURCE:

Shannon Davies, Senior Strategic Planner

DIVISION:

City Sustainability

FILE NO:

HCC09/98-04

POLICY:

The Planning and Environment Act 1987


Visionary, Strategic and accountable leadership and service excellence


Council has received correspondence notifying it that a Parliamentary Committee has been established to undertake an inquiry into the impact of the State Government’s decision to change the Urban Growth Boundary. The correspondence recommended that Council provide a submission to the Outer Suburban/Interface Services and Development Committee regarding Hume City Council’s position. A submission has been prepared and is provided at Attachment 1.

2. RECOMMENDATION:

That Council forwards to the Outer Suburban/Interface Services and Development Committee a submission to the ‘inquiry into the impact of the State Government’s decision to change the urban growth boundary’ generally in accordance with Attachment 1 to this report.


Planning and Environment Act 1987 and Parliamentary Committees Act 2003.

4. DISCUSSION:

4.1 On 28 September 2009 Council officers received correspondence notifying Council

that, pursuant to the Parliamentary Committees Act 2003, the Outer Suburban/Interface Services and Development Committee were undertaking an inquiry into the impact of the State Government’s decision to change the Urban Growth Boundary.

4.2 The terms of reference included that the Committee is required to inquire into, consider

and report on the following:



4.2.1 The impact of the State Government’s decision to change the Urban Growth Boundary on landholders and the environment and plans announced by the Government to introduce an increased development contribution for land in designated growth areas, including —

(a) the likely quantum of the collections by Government; (b) mechanisms to ensure the contributions are directed only to the

intended purposes; (c) the likely impact on the housing and development industries; (d) any unintended consequences including the impact on all landholders

and purchasers to be impacted; (e) any displacement or replacement of Government spending likely to

result from the increased collections; and (f) any alternative options, including any used in other jurisdictions; and to

report by 30 November 2009. 4.3 The closing date for submissions is Monday, 12 October 2009, with further opportunity

to present concerns at the Committee’s Public Hearings on 20 & 22 October 2009 between 10am – 4pm at Parliament House, Spring Street, Melbourne.

4.4 Council officers have prepared a submission which forms Attachment 1 to this report.

The issues raised within the submission reiterate the concerns that have already been raised and endorsed by Council as part of earlier submissions to the Melbourne@5Million in February 2009, and more recently Delivering Melbourne’s Newest Sustainable Communities in July 2009.

5. CONCLUSION:

It is recommended that Council resolve to forward a submission in accordance with Attachment 1 to the Outer Suburban/Interface Services and Development Committee. The Committee has been set up to undertake the inquiry into the impact of the State Government’s decision to change the urban growth boundary.



ATTACHMENT 1











REPORT NO:

CN577

REPORT TITLE:

5-9 Pearcedale Parade, Broadmeadows- Yarra Community Housing

SOURCE:

Greg McLaren, Manager Transit City and Urban Design

DIVISION:

City Sustainability

FILE NO:

HCC09/3

POLICY:

Hume Planning Scheme


Visionary, strategic and accountable leadership and service excellence

Application No: N/A Proposal: 84 dwellings and associated car parking Location: 5-9 Pearcedale Parade, Broadmeadows Zoning: Business 1 Applicant: Yarra Community Housing Date Received: September 2009 1. SUMMARY OF REPORT:

1.1 The Department of Planning and Community Development have referred a planning

application for a proposed 84 dwelling affordable housing development at No. 5-9 Pearcedale Parade, Broadmeadows for Council comment. Under Clause 52.41 of the Hume Planning Scheme, the Minister for Planning is the Responsible Authority for applications for the use of land for accommodation, or for buildings and works in association with the use of land for accommodation, that have been recommended for funding under the Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus Plan.

1.2 Council has assessed the planning application and provided a submission to the

Department of Planning & Community Development.

2. RECOMMENDATION:

That Council: 2.1 Acknowledges the benefits of providing affordable housing for the Hume

community but highlights significant concerns with the quality of the proposed design and integration with the Broadmeadows Central Activities District.

2.2 Notes the submission on the planning application for a proposed affordable housing development at 5-9 Pearcedale Parade, Broadmeadows provided to the Department of Planning and Community Development.



3. PLANNING CONTROLS: 3.1 The subject land is zoned Business 1 with a small portion of the rear of the lot (western

boundary) affected by a Special Building Overlay. Pursuant to Clause 61.01 of the Hume Planning Scheme, the Minister for Planning is the responsible authority for considering and determining applications for accommodation undertaken by the Department of Human Services (Office of Housing Victoria) under the Social Housing Initiative of the Commonwealth’s Nation Building Economic Stimulus Plan.

3.2 The purpose of the Business 1 zone is;

“To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.”

3.3 A planning permit is required for a dwelling (use) as the frontage at ground level

exceeds 2 metres. A planning permit is also required for buildings and works pursuant to Clause 34.01.4 of the Hume Planning Scheme.

3.4 The purpose of the Business 1 zone is also to implement the State Planning Policy Framework (SPPF), and the Local Planning Policy Framework (LPPF), including Municipal Strategic Statement (MSS).

3.5 The State Planning Policy aims: “To facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.”

3.6 At Clause 12.01-2, the SPPF references Activity Centres and lists as objectives: ‘Concentrate new development at activity centres near current infrastructure and in areas best able to cope with change. Development is to respond to its landscape, valued built form and cultural context and achieve sustainable objectives. Build up activity centres as a focus for high-quality development, activity and living for the whole community by …developing a network of activity centres that is a focus for business, shopping, working, leisure and community facilities, provides different types of housing, including forms of higher density housing and broadens the mix of uses appropriate to the type of centre and needs of the population served.”

3.7 The SPPF further states in terms of housing within Activity Centres; “Locate a substantial proportion of new housing in or close to activity centres and other strategic redevelopment sites that offer good access to services and transport by increasing the proportion of housing to be developed within …. activity centres and other strategic sites”. Encouraging higher density housing development on sites that are well located in relation to activity centres and public transport. Ensuring housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs.



Supporting opportunities for a wide range of income groups to choose housing in well serviced locations. Ensuring all new development appropriately responds to its landscape, valued built form and cultural context.”

3.8 In terms of neighbourhood design, the SPPF supports; Integration of housing, workplaces, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus.

3.9 At Clause 12-06.2 Affordable Housing, the SPPF seeks to;

“Increase the supply of well-located affordable housing by encouraging a significant proportion of new development, including development at activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.

Facilitating a mix of private, affordable and social housing in activity centres, strategic redevelopment sites and Transit Cities projects. Ensuring the redevelopment and renewal of public housing stock better meets community needs.”

3.10 At Clause 12-05.2, Urban Design, the SPPF seeks to: “Promote good urban design to make the environment more liveable and attractive by ensuring new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

Requiring development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.”

3.11 At Clause 16.05 Affordable Housing, the SPPF seeks to;

“To deliver more affordable housing closer to jobs, transport and services.”

3.12 To achieve this it lists as strategies;

“Improve housing affordability by increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities and promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Increase the supply of well-located affordable housing by encouraging a significant proportion of new development, including development at activity centres and strategic redevelopment sites, to be affordable for households on low to moderate incomes.

Facilitating a mix of private, affordable and social housing in activity centres, strategic redevelopment sites and Transit Cities projects.



Ensuring the redevelopment and renewal of public housing stock better meets community needs.”

3.13 At Clause 19.03 Design and built form, the SPPF lists as objectives;

“To achieve high quality urban design and architecture that:

• Reflects the particular characteristics, aspirations and cultural identity of the

community. • Enhances livability, diversity, amenity and safety of the public realm. • Promotes attractiveness of towns and cities within broader strategic

contexts.”

3.14 To achieve these objectives the SPPF requires; “Development should achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimizing detrimental impact on neighbouring properties. Responsible authorities should require that all permit applications for residential development of four or more storeys include an urban context report and design response explaining how the design responds to the existing urban context and preferred future development of the area. For development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56, planning and responsible authorities must have regard to the following design principles: Context

Development must take into account the natural, cultural and strategic context of its location. A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development. The public realm

The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced. Safety New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time.

Landmarks, views and vistas

Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment.

Pedestrian spaces



Design of the relationship between buildings and footpaths and other pedestrian spaces, including the arrangement of adjoining activities, entrances, windows, and architectural decoration, should enhance the visual and social experience of the observer.

Heritage

New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations.

Consolidation of sites and empty sites

New development should contribute to the “complexity” and diversity of the built environment.

Site consolidation should not result in street frontages that are out of keeping with the “complexity” and “rhythm” of existing streetscapes.

The development process should be managed so that sites are not in an unattractive, neglected state for excessive periods and the impacts from vacant sites are minimised.

Light and shade

Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade.

This balance should not be compromised by undesirable overshadowing or exposure to the sun.

Energy and resource efficiency

All building, subdivision and engineering works should promote more efficient use of resources and energy efficiency.

Architectural quality

New development should aspire to the high standards in architecture and urban design. Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.

Landscape architecture

Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture.

Planning authorities should emphasise urban design policies and frameworks for key locations or precincts.

Geographic strategies

Planning and responsible authorities should have regard to the following documents:



Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment 2004) in assessing the design and built form of residential development of four or more storeys.

Activity Centre Design Guidelines (Department of Sustainability and Environment 2005) in preparing activity centre structure plans and in assessing the design and built form of new development in activity centres.

Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of Sustainability and Environment 2005) in assessing the design and built form of new development”.

3.15 These planning controls have informed the assessment of the application as detailed

hereunder and in the submission made to the Department of Planning and Community Department (Refer Attachment1)

4. DISCUSSION:

4.1 Council commends the Yarra Community Housing commitment to improve the levels of

affordable accommodation within Hume City and recognises that secure, dependable, affordable and appropriate accommodation provides the social foundation for positive citizenship and participation. To this end, providing a diversity of housing types to meet the broad needs and circumstances of all residents of Hume City is at the heart of Council’s social justice approach. Housing is more than `bricks and mortar,’ it is about people, their health and wellbeing.

4.2 While in principal Council is supportive of the proposal to provide affordable housing in the Broadmeadows Central Activities District (CAD), in considering the detail of the development Council has significant reservations and is unable to support the proposal in its current form. Yarra Community Housing sought pre-application discussions with Council, during which a number of key deliverables were highlighted that have not been incorporated in this proposal.

4.3 Council’s key concerns relate to the following:

4.3.1 The built form of the development, in particular the poor interface with Pearcedale Parade, the inadequate provision of functional space, the segregation of the studio and family apartments and the lack of integration with adjacent developments.

4.3.2 The design of the development presents a range of safety and layout issues and is not conducive to social cohesion, detrimentally affecting the integration and acceptance of residents into the community and the development of the Broadmeadows CAD.

4.3.3 Failing to take advantage of the B1 Business Zone in the precinct for ground floor activation that would support mixed use development.

4.4 The attached submission follows the format of the assessment contained within the

supporting planning statement produced by Fulcrum Town Planners where appropriate, with additions to the assessment where it has been identified that there have been omissions in the supporting statement.



4.5 Council Officers have offered further assistance in the assessment of the proposal, or to provide comment to Yarra Community Housing in the refinement of their development proposal.

5. CONCLUSION:

5.1 Yarra Community Housing’s proposal for 84 dwellings and associated car parking at 5-

9 Pearcedale Parade, Broadmeadows, cannot be supported by Council as it is designed currently.

5.2 Council has not only highlighted where the proposal has fallen short, but also has taken the opportunity to put forward solutions and recommendations that would enable Yarra Community Housing to deliver a high quality end development.

5.3 Council requests that the Minister take the following comments into consideration when assessing the Yarra Community Housing proposal and will seek to have the proposal amended.



REPORT NO:

CN578

REPORT TITLE:

993 Pascoe Vale Road-Development of three (3) double storey dwellings

SOURCE:

Rund Gorgis, Town Planner

DIVISION:

City Sustainability

FILE NO:

P13567

POLICY:



Visionary, strategic and accountable leadership and service excellence.

Application No: P13567 Proposal: Development of three double storey dwellings Location: 993 Pascoe Vale Road, Jacana Zoning: Residential 1 Zone Applicant: Ertugrul Ibal Date Received: 6 July 2009 1. SUMMARY OF REPORT:

An application has been received to develop three double storey dwellings to be located at No. 993 Pascoe Vale Road, Jacana (Melway Ref Map 6 G10). The application was advertised and 11 objections were received. The application has been assessed against the provisions of ResCode (Clause 55) and State and Local policies of the Hume Planning Scheme. Approval is recommended.

2. RECOMMENDATION:

That Council, having considered the objections, resolves to issue a Notice of Decision to Grant a Planning Permit for the development of three double storey dwellings at No. 993 Pascoe Vale Road, Jacana, subject to the following conditions: 1. A4 Amended Plans required:

(a) A 1.8 metre high timber paling fence around the perimeter of the site at the owner/developers cost.

(b) A schedule of external building materials and colours, including details of cladding and roofing materials.

(c) The fence enclosing the private open space of Dwelling is to be a 1.8 metre high timber paling with a minimum of 25% transparency.

2. G2 Preparation of landscape plan.



3. The internal layout of the dwellings is not to be altered without the further written consent of the Responsible Authority.

4. Finished floor levels must not be altered without the consent of the responsible

authority. 5. A2 No layout alteration (development/site).

6. B1 Satisfactory continuation.

7. D2 General amenity.

8. D3 Residential amenity.

9. D4 Property appearance.

10. F1 Sealed parking/access.

11. F3 Use of parking areas.

12. F4 Car spaces clearly indicated.

13. F8 Kerbs. 14. F15 Vehicle crossings.

15. F16 Re-instatement of crossings. 16. F17 Service relocation. 17. H1 Drainage general.

18. H4 No polluted drainage.

19. G7 Landscaping before use and/or development occupied.

The following condition (20) is a requirement of VicRoads: 20. All vehicle movements off and onto Pascoe Vale Road must be made in a forward

manner to the satisfaction of the Responsible Authority. 21. An application for a ‘Consent to Dig in the Road Reserve’ permit for a vehicle

crossing is to be submitted to Council for approval. A copy of the Council endorsed plan showing all vehicle crossing details is to be attached to the application. Any service relocations are to the approval of the Service Authority and at the owners cost.

22. No structure is permitted within the turning area; this includes entry steps,

verandah posts and landscaping.

23. Approval is required from Council and other Responsible Authorities for the garage to be built over the easement.



24. Plans must be submitted to Council's Asset Development department for Drainage Investigation (fee of $422.75 applies, which includes an Asset Protection Permit to connect land to a Council stormwater drain). This will determine if an on-site detention system, upgrading of Council's existing drainage pipes or new drainage pipes are required by the owners/developers.

25. Following the Drainage Investigation, internal drainage plans must be submitted to

Council (Asset Development department) for approval. 26. A stormwater discharge permit is required from Council.

27. Provision of litter control at stormwater inlet points within car park and paved

areas is required. All stormwater pits are to be Channel Grated or Grated as per Council’s Standard Dwg SD 210/215 or SD225 respectively.

28. Stormwater from all paved area must be retained within the property and drained

to the sites underground stormwater system, including pavement over the easement area.

29. Any cut or fill must not interfere with the natural overland stormwater flow. 30. No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Council's drains or watercourses during and after development. 31. C2 Expiry – Development Completion.

3. PLANNING CONTROLS: 3.1 The subject site is located within a Residential 1 Zone with a Public Acquisition Overlay

(PAO1), as are surrounding properties to the north, south, and west. Pursuant to Clause 32.01-4 of the Hume Planning Scheme, a planning permit is required for the construction and extension of two or more dwellings on a lot. An application must be assessed against the decision guidelines set out at Clause 65 of the Hume Planning Scheme and requirements of Clause 55 (ResCode).

3.2 The purpose of the Residential 1 Zone is: ‘To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and Local Planning Policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs’.



3.3 Pursuant to Clause 55 (ResCode), a planning permit is required for the construction of two or more dwellings on a lot within a Residential 1 Zone. ResCode’s main focus is to respect neighbourhood character, protect amenity and promote more sustainable development.

3.4 Clause 65 of the Hume Planning Scheme sets out decision guidelines which the

responsible authority must consider when deciding on an application. Council is required to consider both the State and Local Planning Policy Framework including the Municipal Strategic Statement.

3.5 As it relates to the proposal, the following aspects of the State Planning Policy Framework (SPPF) are relevant.

3.6 Clause 12 of the State Planning Policy Framework (SPPF) relates to Metropolitan

Development. The objectives and related strategies aim ‘to ensure that land use and transport planning and investment always contribute to economic, social and environmental goals.’

3.7 The objective of Clause 12.01 of the SPPF, A More Compact City is:

‘To facilitate more sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.’

3.8 The objective of Clause 12.05 of the SPPF, A Great Place to Be is:

‘To create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity.’

3.9 The objective of Clause 14.01 of the SPPF: Planning for Urban Settlement is: ‘To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational and other public uses. To facilitate the orderly development of urban areas.’

3.10 Clause 16.02 of the SPPF relates to Medium Density Housing and the stated objective is: ‘To encourage the development of well-designed medium-density housing which: • Respects the neighbourhood character. • Improves housing choice. • Makes better use of existing infrastructure. • Improves energy efficient housing.’

3.11 The subject site is located within the Broadmeadows and Meadow Heights neighbourhoods. Two of the stated objectives that relates to this application is at Clause 21.03-1 of the Hume Planning Scheme. The objective is:



“To develop Broadmeadows and Meadow Heights neighbourhoods as attractive and pleasant residential environments. To provide for a range of quality housing opportunities within the Broadmeadows and Meadow Heights neighbourhoods.

3.12 Clause 55 applies to an application for two or more dwellings on a lot in a Residential 1 Zone. ResCode’s main focus is to respect neighbourhood character, protect amenity and promote more sustainable development. Melbourne 2030

3.13 Melbourne 2030 recognises the need for development of new urban areas to accommodate the forecast growth in population and households, but intends that new housing developments at the fringe should be balanced by more intensive use of existing infrastructure, facilities and opportunities within Metropolitan Melbourne.

3.14 Melbourne 2030 supports continued change in housing stock in established areas as a way of providing a range of options to meet the changing needs of residents.

4. REFERRALS: Pursuant to Clause 55 of the Hume Planning Scheme, the application was referred to VicRoads due to the site being affected by the Public Acquisition Overlay No.1 (PAO1). They have offered no objections subject to a condition. In addition, the application was referred internally to Council’s Traffic and Civil Design Section who had no objection to the application subject to conditions.

5. ADVERTISING: The application was advertised to neighbouring property owners and occupiers by mail and a notice was erected on site. At the completion of the advertising period, 11 objections were received.

6. DISCUSSION: 6.1 Site and Surrounds

6.1.1 The subject site is located on the western side of Pascoe Vale Road. The site

has a regular frontage of 15.24 metres and a depth of 46.48 metres, with an overall area of 706m2. A 3.048 metre wide easement located to the rear (west) boundary encumbers the site. No restrictive covenants are registered on the Certificate of Title for the site.

6.1.2 A single storey weatherboard dwelling currently occupies the site which will be demolished to allow for the proposed development. Vehicular access to the site will be via an existing crossover located on the south eastern corner. The private open space areas of all three dwellings have a good northern orientation to enhance the liveability of all dwellings.



6.1.3 The site is located within an established residential area, characterised by detached brick Inter-war and Post-war housing developed from the original subdivision. There are, however, more recent single and multi dwelling developments within the broader neighbourhood, with some double-storey dwellings. Properties generally have provision for on-site car parking and front fences being generally low in height, allowing for views into semi-mature setback gardens.

6.1.4 The site is well positioned with respect to public infrastructure, with public

open space, schools and local shops being within walking distance of the site. All driveways and accessways are built similar to adjoining paved areas and will enhance the site.

6.1.5 There are no mature significant trees within the front and rear of the site.

Overall, the site contains low maintenance landscaping with some trees scattered within the rear of the site.

6.1.6 A range of activities are found within close proximity of the subject site which

includes:

• Anderson Reserve • ATC Cook Reserve • Jacana Reserve

6.1.7 Northern School for Autism and Penola Catholic College are located within

200 metres of the site. Broadmeadows Shopping Centre is located approximately 1 km to the north of the site.

6.2 The Proposal

6.2.1 The proposal can be summerised as follows:

(a) Demolition of the existing dwelling.

(b) The front setback is proposed to be 9 metres.

(c) Construction of three double storey dwellings.

(d) All three dwellings will comprise of a lounge room, open plan

kitchen/dining, and laundry on the ground floor. The first floor component will consist of two bedrooms, a bathroom and toilet.

(e) The existing crossover will be utilised by all three dwellings leading to three single car garages.

(f) Ample private open space areas have been provided for each dwelling ranging from 32m2 to 64m2.

(g) The proposed building material will consist of face brickwork with rendered finish to the upper level and selected roof tiles.



6.3 Assessment

6.4 In considering this application, regard has been given to the State and Local Planning Policy frameworks, the provisions of the Hume Planning Scheme, in particular Clause 55, objections received and the individual merits of the application. On this basis, the following comments are made:

6.5 State Planning Policy Framework:

6.6 The proposal satisfies the objectives and strategies of the State Planning Policy

Framework in that the proposed dwellings are located well located in terms of shopping centres, public transport and community facilities. The Broadmeadows Shopping precinct is within close proximity to the site.

6.7 In addition, the proposed development encourages urban consolidation and

maintaining the neighbourhood character of Jacana through the location of the development close to public transport facilities.

6.8 Local Planning Policy Framework:

6.9 In relation to the Local Planning Policy – 21.03- 1, it is considered that the development

proposal complies with the stated objective by providing a high quality urban development with convenient access to local facilities. It is considered that the proposal will increase the housing diversity within the area, enhance the character of the area and contain residential development within the identified residential areas.

6.10 Clause 55.01 – Neighbourhood and Site Description and Design Response

6.11 An adequate Neighbourhood and Site Description and Design Response have been

submitted pursuant to Clause 55.01.

6.12 Clause 55.02 - Neighbourhood Character and Infrastructure (Incorporating Standards B1, B2, B3, B4 and B5)

6.13 The proposed development is appropriately designed to fit the neighbourhood and the site. The surrounding area is predominantly residential in character, which is fairly cohesive in both style and form of architecture. The proposal has been designed to reflect the main themes of the surrounding area in terms of scale, form, siting and materials. An amendment to the plan will be placed as a condition on the permit requesting a schedule of colours and materials for the proposed development to be provided.

6.14 A number of sites within the immediate area of the site have been developed or are

being redeveloped for medium density housing and in particular the development abutting the site to the south.

6.15 Dwelling 1 will have a frontage to Pascoe Vale Road, which will have minimal impact

on streetscape character. Dwellings 2 and 3 will be aligned directly to the rear of dwelling 1 also facing Pascoe Vale Road and will not visually dominate the streetscape frontage of the site.



6.16 The upper floor elements are set back from all corresponding boundaries and sited in a manner that sits comfortably with existing dwellings on adjacent sites. There are no issues of bulk and mass in the proposed design form.

6.17 The proposed dwellings can take advantage of public transport and community

infrastructure and services as they are located within an already established residential area. The proposed development is within close proximity to schools, reserves, community facilities and shops.

6.18 Appropriate landscaping has been introduced to ensure that on site infiltration is

maximised, especially within the front setback area. All measures will be taken to direct stormwater runoff into garden areas and reduce watering and the demand on drainage infrastructure, including the provision of stormwater drainage mitigation. Paved areas have been minimised greatly with the exception of the main driveway and garage access areas, along with the pedestrian path to the dwellings, and permeable surfaces will be used where possible and within the landscaped areas.

6.19 The proposed layout for the dwellings is consistent with Standard B5 in that the

dwellings will integrate well and enhance the existing streetscape, and maintain the amenity of adjoining properties. A condition requiring the 1.8 metre high timber paling fence enclosing the private open space of Dwelling 1 to have a minimum of 25% transparency with be placed a condition on the permit.

6.20 Clause 55.03 – Site Layout and Building Massing (Incorporating Standards B6,

B7, B8, B9, B10, B11, B12, B13)

6.21 The proposed two storey dwellings are reasonably recessed and setback from the various boundaries. The proposed street setback is consistent with Standard B6 of the Hume Planning Scheme.

6.22 No maximum height is specified in the schedule to the zone therefore, the building

height should not exceed 9 metres. The maximum height of the dwellings will be 6.6m. The proposed development easily meets the objectives of Standard B7.

6.23 The site’s orientation to the north assists in maximising the use of solar energy. The

layout of the proposed dwellings has been designed to enable each of the dwellings to have their own northerly oriented private open space, with key living areas being directly linked to it and facing either north, east or west, and gaining adequate sun light access during the day. South facing spaces have been minimised to enable retention of heat and minimal use of artificial lighting and ventilation.

6.24 All three dwellings have an open plan living and kitchen area with openings in more than two walls, which will assist in natural cross ventilation, and subsequently reducing use of air conditioning in summer. An energy efficiency report will be submitted at the building permit stage demonstrating that the proposal will achieve a five star energy rating.

6.25 Standard B8 states that the maximum site coverage is to be no more than 60 percent.

The total site coverage for the proposed development is 39.5%. The development therefore satisfies the objective of this standard.



6.26 Standard B9 states that at least 20% of the site should not be covered by impervious surfaces. The total site area not covered by impervious surfaces for this development is 30%. The proposal therefore complies with this standard.

6.27 The entrances to the new dwellings are not obscured from the street and internal

accessway. All dwellings have their own individual identity and sense of address. The entry point to each dwelling is easily identifiable.

6.28 The interior and exterior of each dwelling are well connected particularly the connection

between open space and living areas. The design allows for good outlook from within the dwelling, which gives a good sense of security.

6.29 A landscape plan and schedule has not been submitted in accordance with the

requirements of Standard B13 and this will be required as a condition on the permit.

6.30 Traffic and Car Parking (Incorporating) Standards B14, B15 and B16)

6.31 Clause 55.03-11 requires that car parking for residents is provided as follows: • One car space to each one or two bedroom dwelling; and • Two spaces for each three or more bedroom dwelling, with one space

being undercover.

6.32 Each of the proposed dwellings has two bedrooms; therefore, the provision for 1 onsite car space for each of the dwellings satisfies this standard.

6.33 The proposed development has successfully managed to provide convenient and

accessible car parking spaces for each dwelling. Each dwelling has its own secure garage, which is adjoined by the habitable spaces of the dwelling, thereby allowing surveillance from windows to adjoining driveway and landscaped areas.

6.34 Clause 55.04 – Amenity Impacts (Incorporating Standard B17, B18, B19, B20,

B21, B22, B23 and B24)

6.35 The side and rear setbacks of the proposal satisfy standard B17.

6.36 The proposed dwellings are appropriately recessed at first floor level to provide an increased setback to adjoining properties and reduce the visual bulk of the proposal. The dwellings will not impose unreasonable levels of visual bulk upon existing windows or private open spaces adjacent to the site due to its staggered and articulated design response.

6.37 Overshadowing will be minimal, and in compliance with the designated parameters.

The shadow diagrams indicate that the shadow cast by the development will barely exceed that cast by the existing fences located on the boundaries.

6.38 The proposed dwellings have been designed to minimise the number of habitable

rooms that contain windows with direct outlook to habitable room windows or private open spaces of adjacent properties.

6.39 The design, shape and size of the habitable room windows ensures the privacy and amenity of adjoining properties in maintained. Boundary fences of 1.8 metres will act a



screening measure from any potential single storey overlooking. This will be reflected as a condition on the permit.

6.40 Any potential for overlooking from the first floor windows has been addressed through

the use of highlight windows or permanent obscure glazing to a height of 1.7 metres as required by Clause 55.04-6.

6.41 Clause 55.05 - On-Site Amenity and facilities (Incorporating Standards B25, B26,

B27, B28, B29 and B30)

6.42 Standard B26 requires that each dwelling have its own identity and sense of address. A porch entry area has been used to clearly identify the front of dwellings 2 and 3. Dwelling 1 is easily identified and directly addresses Pascoe Vale Road.

6.43 Pursuant to Standard B28, a dwelling or residential building should have private open

space of an area and dimension as specified in the schedule to this zone. If no area or dimensions are specified in the schedule to the zone as is the case in this instance, a dwelling or residential building should have private open space consisting of an area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room.

6.44 Dwelling 1 has 32m2 private open space plus an ample front yard, dwelling two has a

total of 40m2 and dwelling three will have 64m2 of private open space. The proposed open space area for all three dwellings is sufficient and complies with Standard B29.

6.45 Six cubic metres of storage space has been provided to each dwelling being in the

form of garden sheds as required by Standard B30 of the Hume Planning Scheme. 6.46 Clause 55.06 - Detailed Design (Incorporating Standards B31, B32, B33 and B34)

6.47 The proposed development is of a size and scale that will sit well within the existing

context of the neighbourhood.

6.48 The proposed dwellings are of a contemporary design and have been designed having regard to the size, scale and form of architecture within the immediate area of the site. The use of face brickwork, the hipped tiled roof, aluminium windows and the overhanging eaves will further enhance the overall appearance of the development.

6.49 The development is simple in design, and quite unobtrusive, and subject to appropriate landscaping should comfortably fit within the existing neighbourhood.

6.50 The common property areas are minimal and will be paved and landscaped with low maintenance species to reduce maintenance requirements.

6.51 The proposed construction materials, building form, articulation and window

proportions are consistent with those found in the neighbourhood. No front fence is proposed. Clothes drying facilities and storage space have been provided for each dwelling.



7. SUMMARY OF OBJECTIONS: 7.1 A summary of the objectors’ concerns and officer responses follows:

Devaluation of property

7.2 The devaluation of property is not a valid consideration for planning applications and is consistently dismissed by VCAT. There is no definitive evidence to suggest that medium-density housing will depreciate adjoining property values. Housing tenure

7.3 Housing tenure is not a relevant planning consideration and this has been reinforced by previous VCAT decisions. Loss of sunlight/ Overshadowing

7.4 Due to the east west orientation of the land, limited overshadowing will occur on the abutting properties to the north, south and west, however this will not be significant and meets the requirements of ResCode. Overlooking/loss of privacy

7.5 Any potential for overlooking from first floor windows of the new dwellings has been addressed with minimum sill heights or obscure glazing to 1.7 metres above finished floor level. Too many units in the area

7.6 An objection has been raised in relation to the number of units being developed within the area and close proximity to the subject site. VCAT has on several occasions ruled that the number of dwellings being developed in a particular area is not a valid planning consideration.

7.7 A VCAT decision which raised the issue of “too many units in the area” is discussed in V Warner v Hume CC (2001) VCAT 2113 (15 October 2001). It was concluded by the presiding member that:

“It is the Tribunal's view that the overall development meets the policy requirements of the planning scheme and will contribute to the availability of alternative housing size and type in the area. The dwellings are well located close to the Tullamarine activity centre. Sufficient parking is provided on site for the number of dwellings proposed and it is considered the increase in cars as a result of this development will not result in a significant impact on parking in the street. The resultant increase in vehicle movements to and from the site as a result of the proposed development can be added to the area without exceeding the recommended maximum”. Increase in traffic congestion

7.8 The proposed development satisfies the car parking requirement of Clause 55 of the Hume Planning Scheme. Council’s traffic engineers have no objections to the proposal on traffic grounds. In addition, no objections have been raised by VicRoads in relation



to the vehicle movements of the proposed development but have requested that all vehicles are to exit the site in a forward manner. Overdevelopment/out of character of the area

7.9 The development complies with Clause 55 of the Hume Planning Scheme and in particular Standard B1 (Neighbourhood character) in that the design respects the existing neighbourhood character. Whilst the proposed design of the development is modern and site specific, the materials and architectural features proposed will compliment the existing character of the neighbouhood. Ageing sewer system

7.10 An objector raised an issue relating to the strain this proposed development will have on the ageing sewerage system. The application was referred to Council’s Civil Engineering section who have not raised any concerns in relation to the capacity of the sewerage system. Lack of room for rubbish bins

7.11 Whilst Council’s Planning Guidelines for Waste Management-medium density sites is not an adopted document, it states: “The width of the site frontage in terms of requiring the number of bins based on the following formula:

3 metres of frontage per dwelling to accommodate bins (Excluding the width of accessways and areas occupied by street trees (and infrastructure such as light poles, hydrants, bus stops). This includes standard garbage bin, recycling bin and optional green waste bin. (Ie.15 metre frontage with 2 x 3 metre crossovers leaves 9 metres – just enough for 3 bins each for 3 units).”

7.12 In this case, the street frontage is 15.24 metres, therefore the development complies with the width requirements for the location of the rubbish bins for collection. Development may damage tree

7.13 An objector raised a concern in relation to the proposal possibly damaging a large gum tree on their site. The tree in question is not located with the boundaries of the subject site and any damage to the tree due to the construction of the proposed dwellings will be at the cost of the developer/owner in agreement with the property owner. Lack of visitor parking

7.14 Pursuant to Standard B16 of the Hume Planning Scheme, one car space is required for each one or two bedroom dwelling. In addition, developments of five or more dwellings should provide visitor car parking. The proposed development provides for two bedroom dwellings requiring 1 car space per dwelling and given that only three dwellings are proposed the requirements of the Scheme have been met in relation to visitor parking.



Building over easement

7.15 As a result of the application being referred to Council’s Civil Engineering section, a condition was requested to be placed on the permit requiring the applicant/owner to seek written consent/approval for the garage of Dwelling three to be built over the easement.

8. CONCLUSION:

8.1 The site is clearly ideal for a unit development of this size as the site is well located to

most community facilities such Broadmeadows Shopping Centre and public transport facilities.

8.2 The proposal is a modern, site specific well designed medium density housing proposal that is respectful of the residential forms which abut the land and the overall urban fabric of the streetscape. The development as a whole will be an attractive addition to the area.

8.3 Approval is therefore recommended, subject to conditions.



Attachment 1



Attachment 2



Attachment 3



REPORT NO:

CN579

REPORT TITLE:

Section 173 Agreement - 2-50 Glenelg Street, Coolaroo

SOURCE:

Gloria Osagiede, Town Planner

DIVISION:

City Sustainability

FILE NO:

P12794

POLICY:



Visionary, strategic, and accountable leadership and service excellence

Application No: P12794 Proposal: Section 173 Agreement Location: No 2 - 50 Glenelg Street, Coolaroo Zoning: Industrial 1 Zone Applicant: Coolaroo Industrial Pty Ltd Date Received: 21 September 2009 1. SUMMARY OF REPORT:

1.1 The applicant has submitted a Section 173 Agreement in accordance with condition 15

of Planning Permit P12794.

1.2 The Agreement is required to be executed by Council and registered on the Certificate of Title to ensure the owner of the land constructs the court head at the end of Lisa Court across the frontage of the proposed lot 2. The court head is to be constructed to Council’s specification and include the provision of street lighting and a footpath on the southern boundary of lot 2 to the satisfaction of Council.

1.3 The Agreement also ensures that a Statement of Compliance for the subdivision cannot be issued until a Dealing Number from the Title’s Office is provided to Council to ensure the registration of the Agreement on each lot. It is recommended that the Agreement be signed and sealed.

2. RECOMMENDATION:

That Council resolves to sign and seal the Section 173 Agreement submitted in accordance with Condition 15 of Planning Permit P12794.

3. PLANNING CONTROLS:

Section 173 of the Planning and Environment Act 1987.



4. DISCUSSION:

4.1 Planning Permit P12794 was issued on 7 October 2008 for a two lot subdivision at No

2-50 Glenelg Street, Coolaroo. The permit has since been amended twice.

4.2 Condition 15 of the Planning Permit requires that prior to certification of the plan of subdivision and at no cost to the Responsible Authority; the owner must enter into an agreement with the Responsible Authority made pursuant to section 173 of the Planning and Environment Act 1987 to provide the following: 4.2.1 Prior to a Statement of Compliance the owner shall construct the Court Head

at the end of Lisa Court across the frontage of the proposed Lot 2. The Road must be constructed to Council’s specifications and include the provision of the street lighting and a footpath on the southern boundary of lot 2 all to the satisfaction of the Responsible Authority.

4.3 The applicant has now lodged a Section 173 Agreement as required under the

planning permit.

5. CONCLUSION:

As the Agreement has been submitted in accordance with the planning permit requirement, it is recommended that the document be signed and sealed.



REPORT NO:

CN580

REPORT TITLE:

Section 173 Agreement - 2-10 Andover Lane, Craigieburn

SOURCE:

Kerrie Birtwistle, Manager Statutory Planning

DIVISION:

City Sustainability

FILE NO:

P13402

POLICY:



Visionary, strategic, accountable leadership and service excellence

Application No: P13402 Proposal: Section 173 Agreement Location: No. 2-10 Andover Lane, Craigieburn Zoning: Comprehensive Development Zone Applicant: Rigby Cooke Lawyers Date Received: 22 September 2009 1. SUMMARY OF REPORT:

Lawyers acting for the owners of No. 2-10 Andover Lane, Craigieburn have submitted a Section 173 Agreement in accordance with Condition 10 of Planning Permit P13402. The Agreement is required to be executed by Council and registered on the Certificate of Title to ensure that the development of the site is in accordance with the development permit (P13582). The Agreement is suitable for signing and sealing.

2. RECOMMENDATION:

That Council resolves to sign and seal the Section 173 Agreement submitted in accordance with the requirements of Planning Permit P13402.

3. PLANNING CONTROLS:

Section 173 of the Planning and Environment Act 1987.



4. DISCUSSION:

4.1 Planning Permit P13582 was issued by Council on 4 September 2009 for the

development of fourteen double storey dwellings. Planning Permit P13402 was then issued by Council on 22 September to subdivide the land into 14 lots, that reflected the approved Development Plan.

4.2 A requirement of the subdivision planning permit is that prior to the issue of a Statement of Compliance for the subdivision authorised by planning permit P13582, either:

• the development permitted by Planning Permit P13582 must be substantially completed (including landscaping, paving, drainage, fencing and buildings) to the satisfaction of the Responsible Authority; or

• the owner of the land must enter into a Section 173 Agreement to require the

development of the land in accordance with Planning Permit P13582. The owner of the land must pay all costs relating to the preparation, execution and registration of the Section 173 Agreement. The Statement of Compliance will not be issued until a Dealing number from the Titles Office is provided to Council to ensure its registration on each lot authorised by this permit.

4.3 As the development has not been commenced, the owner has now lodged a Section

173 Agreement as required prior to the issue of a Statement of Compliance.

5. CONCLUSION:

As the Agreement has been submitted in accordance with Council’s requirements, it is recommended that it be signed and sealed.

Documents

Hume City Ordinary Council Agenda For Date 12 … Carriageway easement proposal for 11 City Views, Sunbury..... 45 CN576 Response to the Inquiry into the Impact of the Change to the