Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 19 September 2016 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.
AGENDA
Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our meeting is being held on the Traditional Land of the Wurundjeri willam people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today” Apologies and Leave of Absence Cr Steven Briffa - Leave of Absence from 16 September – 30 September 2016
Confirmation of Minutes Ordinary Meeting of Council held 5 September 2016 Disclosure of Interests 1. Petitions 1.1 Reichelt Avenue and Buena Vista Drive Intersection, Montmorency - Petition for the 'Road Closure Repositioning' Trial not to proceed ......................................................................................................... 3 REPORTS: 2. People – Community Strengthening and Support 2.1 Sporting Reserve User Guide 2017-2020 ............................................................. 11 3. Planet – Environmental Sustainability Nil
AGENDA (Cont’d) 4. Place – Sustainable Amenity and Built Environment 4.1 Planning Scheme Amendment C98 - 117 -123 Bonds Road, Lower Plenty ................................................................................................................... 15 4.2 Award Contract No 0892-2016 - Panel of Contractors for Minor Building Works ...................................................................................................... 19 4.3 Ford Park Masterplan ........................................................................................... 24 4.4 Better Apartments draft design standards ............................................................. 30 4.5 Hurstbridge Railway Line Improvement - Lower Plenty Road Level Crossing Removal - Project Update ...................................................................... 34 4.6 Consideration of Air Conditioners and Site Services within Development Planning Applications ...................................................................... 41 4.7 Supervised Children's Crossings .......................................................................... 46 4.8 St Helena Road, Greensborough - Pedestrian Access to Anthony Beale Reserve ...................................................................................................... 55 5. Participation – Community Involvement in Community Life 5.1 Council Meeting Dates - 2017 ............................................................................... 59 6. Performance - Use Our Resources Wisely 6.1 Certification of the financial statements and performance statement for the year ended 30 June 2016 .......................................................... 63 6.2 Items for Noting .................................................................................................... 67 6.3 Bolton Street, Montmorency, Upgrade .................................................................. 70 6.4 Assembly of Councillors........................................................................................ 74 7. Sealing of Documents 7.1 Sealing of Documents - Lease Renewal - Tenancy 3 460 Lower Heidelberg Road, Heidelberg ................................................................................ 77 8. Notices of Motion Nil 9. General Business 10. Urgent Business Closure of Meeting
Ordinary Meeting of Council - 19 September 2016
Page 2
1.1
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED
Author:
Sanjev Sivananthanayagam - Transport Engineer, City Development
Ward:
Hawdon
Previous Items Council on 18 February 2013 (Item 4.3 - Reichelt Avenue, Montmorency - Road Closure/Opening) Council on 25 July 2016 (Item 1.1 - Reichelt Avenue and Buena Vista Drive intersection, Montmorency - Request for 'road closure' to be repositioned) EXECUTIVE SUMMARY At its meeting on 25 July 2016, Council resolved to consult and notify residents on Reichelt Avenue, Montmorency of its decision to initiate the process to conduct a 3-month trial to modify the existing road closure at the intersection of Buena Vista Drive and Reichelt Avenue. Two similar petitions have been submitted to Council requesting for the trial to not take place. One with 76 signatures from the residents located in the western section of Reichelt Avenue, and another with 39 signatures from residents of various adjacent streets in Montmorency. The prayer for the petition with 76 signatures is as follows: “We, the undersigned, petition Council to keep the 1979 closures of Reichelt Avenue in place and NOT undertake a trial opening of the barricades that are currently in place on either side of the park west of the intersection of Buena Vista Drive and Reichelt Avenue in Montmorency. We request this because we do not want and [sic] change to the access arrangements that has served this community and local primary school well for the past 37 years. We also do not want additional traffic in our street, we do not want cars driving through the park when there are other, less onerous, options to address the perceived access issues of the residents of 32-28 Reichelt Avenue.” The prayer for the petition with 39 signatures is as follows: “We, the undersigned, petition Council to keep the 1979 closures of Reichelt Avenue in place and NOT undertake a trial opening of the barricades that are currently in place on either side of the park west of the intersection of Buena Vista Drive and Reichelt Avenue in Montmorency. We request this because we do not want and [sic] change to the access arrangements that has served this community and local primary school well for the past 37 years. We also do not want additional traffic in our street, we do not want cars driving through the park when there are other, less onerous, options to address the perceived access issues of the residents of 32-28 Reichelt Avenue. Safe pedestrian access to Montmorency South Primary School and Panorama Heights Preschool must be preserved and this park is used daily for the school commute for families.
Ordinary Meeting of Council - 19 September 2016
Page 3
1.1
Petitions
1.1
Petitions
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d With no safe pedestrian access to the school in Reichelt Avenue, this will increase the cars driving past the school placing students at risk.� Petitioners argue that the proposed trial will have negative impacts on traffic volumes on Reichelt Avenue and have raised concerns with pedestrian safety in the area. The change in traffic using Reichelt Avenue is expected to be minimal as only five (5) dwellings will have changed access arrangements, and the conflict between pedestrians and vehicles raised are not considered to be unusual or unsafe. Notwithstanding, the purpose of the trial is to understand whether this is actually the case. Given the above, it is considered reasonable to trial the changes for a three (3) month period to assist the affected residents to form a view in relation to the impact the potential repositioning will have on them. RECOMMENDATION That Council: 1.
Receives and notes the two petitions.
2.
Proceed with initiating the process under the Local Government Act 1989 to conduct a three (3) month trial of repositioning the bollards and chain from west of the intersection of Reichelt Avenue and Buena Vista Drive, Montmorency, to the southern end of Buena Vista Drive.
3.
Contact Emergency Services Telecommunications Authority to update their map data, including for the duration of the trial.
4.
Notifies the primary petitioners of the above resolution.
BACKGROUND A road closure is in place at the intersection of Reichelt Avenue and Buena Vista Drive, Montmorency (Figure 1). The closure in place restricts motorists on Reichelt Avenue, east of Buena Vista Drive, to drive along Reichelt Avenue on a west-bound direction. Consequently, five properties with an address on Reichelt Avenue can only be accessed through Buena Vista Drive.
Ordinary Meeting of Council - 19 September 2016
Page 4
Petitions
1.1
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d
Figure 1 – Location of Reichelt Avenue and Buena Vista Drive, Montmorency Council received a petition in October 2012 requesting the configuration of the road closure to allow access from Reichelt Avenue to properties with a Reichelt Avenue address. Several options were explored as part of the investigation and Council undertook a broad community consultation. A high response rate of 72% was achieved, with 76% of the respondents indicating their wish to retain the existing arrangement. A survey was also undertaken of residents of 34 to 38 Reichelt Avenue to assess their support for a change in their street address. Unanimous support was not received for the proposal. However, residents in this section of Reichelt Avenue have continually raised concerns in relation to access. Council at its meeting on 18 February 2013 considered a report in relation to the feedback received and resolved that no changes were to be made to the position of road closure at the time. Subsequently, another petition with five (5) signatures was received in June 2016, requesting the relocation of the point of road closure in Reichelt Avenue.
Ordinary Meeting of Council - 19 September 2016
Page 5
1.1
Petitions
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d
Figure 2 – Proposed Trial of Road Closure in Buena Vista Drive Council considered a report on the matter at its meeting on 25 July 2016, evaluated the proposal (Figure 2), and resolved: “That Council: 1.
Receives and notes the petition.
2.
Consults with Emergency Services Victoria and property owners whose access may be affected, in relation to a 3 month trial of repositioning the bollards and chain from the west side of intersection of Reichelt Avenue and Buena Vista Drive, Montmorency, to the southern end of Buena Vista Drive.
3.
Initiates the process under the Local Government Act to conduct a 3 month trial of repositioning the bollards and chain from west of the intersection of Reichelt Avenue and Buena Vista Drive, Montmorency, to the southern end of Buena Vista Drive, if majority support is gained from Item 2 above.
4.
Notifies the primary petitioner and owners and occupiers of affected properties in the western section of Reichelt Avenue, between Buena Vista Drive and Grand Boulevard, Montmorency, of the above resolution.
5.
Receives a report in relation to the outcome of a 3 month trial in Reichelt Avenue, Montmorency should it proceed and whether or not to retain it permanently.”
As per item 2 of the resolution, property owners whose access would be affected were consulted.
Ordinary Meeting of Council - 19 September 2016
Page 6
Petitions
1.1
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d Four (4) out of the five (5) properties responded, with all four (4) respondents indicating their support to obtain access via the western section of Reichelt Avenue. As such, the process of consulting with Emergency Services Victoria, and initiating the 3-month trial of road closure repositioning under the Local Government Act has commenced. As per item 4 of the resolution, affected properties in the western section of Reichelt Avenue, between Buena Vista Drive and Grand Boulevard were notified of the resolution. Two petitions have been received from residents of Reichelt Avenue and surrounding streets respectively for the trial not to proceed. LEGAL CONSIDERATION All necessary steps were undertaken at the time of closure of Reichelt Avenue, Montmorency and as such it is recognised as permanent road closure. Consequently, any change to the positioning of the closure must be instigated through the Local Government Act. Council’s powers concerning road closure is defined under The Local Government Act 1989, Section 207 and Schedule 11, which allows Council to temporarily or permanently close any road under its management after considering a report from VicRoads on the proposed closure. Additionally, Council must seek and consider public submissions on the proposal under Section 223 of the Local Government Act. Under Section 223, Council must publish a public notice: • • • •
“Specifying the matter in respect of which the right to make a submission applies; Containing the prescribed details in respect of that matter; Specifying the date by which submissions are to be submitted, being a date which is not less than 28 days after the date on which the public notice is published; Stating that a person making a submission is entitled to request in the submission that the person wishes to appear in person, or to be represented by a person specified in the submission, at a meeting to be heard in support of the submission.”
HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with the Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.
Ordinary Meeting of Council - 19 September 2016
Page 7
1.1
Petitions
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d DISCUSSION The two petitions received are similar. The petition with 76 signatures is from the residents located in the western section of Reichelt Avenue. The petition with 39 signatures is from residents of various adjacent streets in Montmorency. The following reasons for support of their petitions were offered, which has been addressed accordingly. Increased vehicle movements on the west section of Reichelt Avenue The change in traffic expected with the repositioning of the closure point in the western section of Reichelt Avenue is expected to be minimal, with an additional five (5) properties obtaining access through the road. Before and after traffic volume counts will be undertaken as part of the trial to assess this. Other options such as repositioning the closure on the eastern section (not preferred) or affected residents changing the address to Buena Vista Drive (preferred) can be considered given the impact to surrounding residents and the cost to Council The road from the closure point in the eastern section of Reichelt Avenue to Buena Vista Drive is unconstructed. As such, providing access through this location would require additional works, which will be a significant cost. A survey was undertaken of residents of 34 to 38 Reichelt Avenue to assess their support for a change in their street address. Unanimous support was not received for the proposal. Concerns with pedestrian/children crossing the road with vehicle access being allowed through Sackville Reserve Pedestrians having to negotiate vehicles accessing the road within Sackville Reserve is similar to the situation where pedestrians walking along a footpath having to negotiate vehicles exiting their property crossovers. Given that it is also a low speed environment, this not considered to be unusual or unsafe. The width of the road within Sackville Reserve is approximately 5m, which can accommodate pedestrians and vehicles in a low speed environment. When the road closure is repositioned for the trial, there will be less vehicles on Buena Vista Drive, making it safer for pedestrians. There will be no extra traffic past the school, but just redistributed from Buena Vista Drive to Reichelt Avenue. Emergency vehicle access concerns can be addressed by updating the map data used by Emergency Services Telecommunications Authority It is appropriate to contact Emergency Services Telecommunications Authority to update their map data, to reflect the true status of the road, including during the trial.
Ordinary Meeting of Council - 19 September 2016
Page 8
Petitions
1.1
REICHELT AVENUE AND BUENA VISTA DRIVE INTERSECTION, MONTMORENCY - PETITION FOR THE 'ROAD CLOSURE REPOSITIONING' TRIAL NOT TO PROCEED cont’d It must be noted that the purpose of the trial is to understand whether there are impacts to the community. Given the above, it is considered reasonable to trial the changes for a three (3) month period to assist the affected residents to form a view in relation to the impact the potential repositioning will have on them.
ATTACHMENTS Nil
Ordinary Meeting of Council - 19 September 2016
Page 9
2.1
SPORTING RESERVE USER GUIDE 2017-2020
Author:
Melinda Ramsay - Team Leader Leisure Services, Community Programs
EXECUTIVE SUMMARY Council has recently reviewed the Sporting Reserves User Guide (SRUG) which establishes the general terms and conditions that seasonal sporting clubs must abide by and also provides the basis for allocating sporting facilities to clubs on a seasonal basis. The SRUG includes two key documents: •
Sporting Reserve Allocation Policy which provides the basis for allocating sporting facilities to clubs Sporting Reserve Terms and Conditions of Use which identifies the roles and responsibilities required of both tenant clubs and Council
•
These documents were last reviewed and adopted by Council in 2011. The current review process included benchmarking with similar municipalities, club surveys, internal and external workshops and conversations with club representatives. The feedback indicates the overall document is sound. Minor changes have been proposed including the length of agreement, changes to the demerit points program, maintenance of sports field lighting, fencing of grounds to host promotional games and competition finals and preseason training guidelines for winter sporting clubs. The final public consultation phase has now concluded and this report recommends Council consider adopting the Sporting Reserve User Guide 2017 to 2020. RECOMMENDATION That Council: 1.
Adopt the Sporting Reserve User Guide 2017 to 2020 (Attachments 1 and 2).
2.
Provide a hard copy and an electronic copy to all Sporting Clubs governed by the Sporting Reserve User Guide 2017 to 2020.
3.
Thank the Community Reference Group members and provide a letter of acknowledgement for their contribution during the review process. 4. 5. 6.
CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”.
Ordinary Meeting of Council - 19 September 2016
Page 11
2.1
People – Community Strengthening and Support
2.1
People – Community Strengthening and Support
SPORTING RESERVE USER GUIDE 2017-2020 cont’d BACKGROUND The Sporting Reserves User Guide (SRUG) establishes the general terms and conditions that seasonal sporting clubs must abide by when occupying Council pavilions and grounds. This document also provides the basis for allocating sporting facilities to clubs on a seasonal basis and establishes the roles and responsibilities required of both tenant clubs and Banyule City Council in the management of these facilities. The SRUG includes two key documents. The Sporting Reserve Allocation Policy which provides the basis for allocating sporting facilities to clubs and the Sporting Reserve Terms and Conditions of Use which established the roles and responsibilities required of both tenant clubs and Council. The sporting codes that are currently governed by the SRUG include, Football (AFL), Football (Soccer), Baseball and Cricket. The SRUG includes the following principles: • • • •
Inclusion – encouraging a diverse section of community participation in sport Responsibility – ensuring roles and responsibilities are clear Fairness – ensuring consistency and transparency in facility allocation Partnership – ensuring both club’s and Council’s partner to improve sporting opportunities for the community
This is the second revision of the SRUG which was originally prepared in 2007. A further review was conducted in 2010 and adopted by Council and implemented for the 2011 winter season. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with the Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered the following Human Rights are considered in the development of the SRUG: Freedom of movement Through the SRUG Council is committed to ensuring that public open space is available for the use by the community for both active and leisure pursuits. It is committed to providing a number of different avenues and spaces and to ensure that any significant barriers are reduced for use, to ensure the freedom of movement for Banyule residents.
Ordinary Meeting of Council - 19 September 2016
Page 12
SPORTING RESERVE USER GUIDE 2017-2020 cont’d
Your right to freedom of expression Through the SRUG Council is actively pursuing avenues for our community to express themselves and their beliefs. Council’s commitment to open space and active recreation programs is a reflection of their understanding of, and agreement with the right to freedom of expression. Your right to taking part in public life Through the consultation process Council offered people who live, work or play in Banyule opportunities to take part in the information gathering and decision-making process. Cultural rights Banyule is a diverse and multi-cultural community and Council welcomes and values the rich cultural tapestry that this brings to the area. The SRUG lines up with the Recreation Plan 2013 – 2017 vision statement seeks to create a safe, healthy and inclusive community by encouraging people to actively participate in a diverse range of recreational opportunities to improve health and wellbeing. The SRUG does not limited, restrict or interfere with any other rights in the Victorian Charter of Human Rights and Responsibilities. It is considered that the subject matter does raise any human rights issues. CONSULTATION During the SRUG review sporting clubs participated in a workshop in December 2015. This workshop was well attended and various issues were discussed. A workshop with internal stakeholders was held in February 2016 which included Leisure and Cultural Services, Property Services, Building and Civil Works, Parks and Gardens, Finance, Health Services, Waste Management, Town Planning, Risk and Local Laws. In addition, a bench marking exercise was conducted with similar municipalities in relation to the SRUG. Following a review of all information received during the research phase, an Issues and Options paper was developed which included the proposed changes to the document. A Community Reference Group (CRG) was established through an expression of interest process. This group included six community members who represented each of the sports governed by the SRUG. Members of the CRG met in June and discussed the proposed changes to the document. Overall the CRG was comfortable with the proposed changes however concerns regarding the limitations placed on pre-season training were raised and addressed. The draft SRUG was adopted for the purpose of community consultation and was released for a four (4) week period from 22 July to 19 August 2016. The draft was advertised on Councils website and all sporting clubs and associations were contacted directly by email. A further reminder to all clubs and associations was sent via email the week before the closing date.
Ordinary Meeting of Council - 19 September 2016
Page 13
2.1
People – Community Strengthening and Support
2.1
People – Community Strengthening and Support
SPORTING RESERVE USER GUIDE 2017-2020 cont’d CURRENT SITUATION There were no submissions received during the final community consultation phase. Despite no submissions being received, feedback from the club workshop and club surveys regarding the quality of the terms, conditions and policy position that Council has taken in the document is well balanced and fair. Minor changes have been proposed including the length of agreement, changes to the demerit points program, maintenance of sports field lighting, fencing of grounds to host promotional games and competition finals and preseason training guidelines for winter sporting clubs. A more detailed summary of the proposed changes can be found in Attachment Three. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The SRUG is the principal agreement between seasonal sporting clubs and Council. The feedback during the review process indicates that only minor changes were required and that overall document is sound and meets the needs of the sporting clubs. The Sporting Reserve User Guide is now ready for Council to consider adopting for four years from 2017 to 2020.
ATTACHMENTS No.
Title
1
Draft Allocation Policy 2017-2020
80
2
Draft Terms and Conditions of Use 2017-2020
94
Ordinary Meeting of Council - 19 September 2016
Page
Page 14
4.1
PLANNING SCHEME AMENDMENT C98 - 117 123 BONDS ROAD, LOWER PLENTY
Author:
Anne North - Senior Strategic Planner, City Development
Ward:
Hawdon
EXECUTIVE SUMMARY The purpose of the amendment is to rezone land previously used by Eastern Energy for an electrical substation, which has been decommissioned. The rezoning from Public Use Zone (PUZ) to Low Density Residential Zone (LDRZ) is being coupled with a nine lot land subdivision so a development outcome can be achieved. The proposal will be considered under Section 96A of the Planning and Environment Act 1987 (the Act). A draft planning permit has been prepared as required for public exhibition. The draft permit considers implications for vegetation protection and removal, habitat implications, constructing servicing infrastructure, addressing stormwater overlay flow, sensitive siting of building envelopes and appropriate subdivision design. Following public exhibition of the proposed rezoning and draft planning permit, future consideration of submissions will inform further reporting to Council on this matter. RECOMMENDATION That Council: 1. Supports the preparation and exhibition of Amendment C98 to the Banyule Planning Scheme, to rezone the subject land from Public Use Zone (PUZ) to Low Density Residential Zone (LDRZ) and allow the subdivision of the land into nine lots. 2. Supports the Draft Planning Permit to subdivide the subject land into 9 lots. 3. Requests the Minister for Planning Authorise the preparation and exhibition of Amendment C98.
CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND The site is at 117 – 123 Bonds Road in Lower Plenty and was previously used by Eastern Energy for an electricity substation. This substation has been made redundant and Eastern Energy has sold the land.
Ordinary Meeting of Council - 19 September 2016
Page 15
4.1
Place – Sustainable Amenity and Built Environment
4.1
Place – Sustainable Amenity and Built Environment
PLANNING SCHEME AMENDMENT C98 - 117 -123 BONDS ROAD, LOWER PLENTY cont’d The site is currently zoned Public Use Zone 1 (PUZ1), for the former public utility. The following map shows the site and Low Density Residential Zone for nearby landholdings. The PUZ1 zoning is no longer appropriate. Rezoning is needed to support land subdivision for low density dwellings. Including a proposed subdivision with the rezoning is an effective way to inform future construction of dwellings after subdivision works have been done.
Map 1: Zoning Map showing zoning of the subject site and surrounding land
Attachments give: 1. 2. 3. 4. 5.
Supporting information and technical assessment of the proposal. Assessment for State and Local Planning Policy Frameworks. Draft Amendment documents. Proposed Plan of Subdivision. Proposed planning permit for subdivision.
LEGAL CONSIDERATION Authorisation is sought to prepare and exhibit Planning Scheme Amendment C98 to the Banyule Planning Scheme. A rezoning of the land is required in order to facilitate the proposed subdivision and future residential land use because a residential subdivision is not consistent with the intent of the public land reservation or purpose. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.
Ordinary Meeting of Council - 19 September 2016
Page 16
PLANNING SCHEME AMENDMENT C98 - 117 -123 BONDS ROAD, LOWER PLENTY cont’d In developing this report, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.
CONSULTATION Exhibition of Planning Scheme Amendment C98 will start in late October or early November 2016 following authorisation and involve the following measures: • • • • • •
Letters to surrounding landowners and occupiers. Letters to prescribed Ministers. Advertising in local Leader Newspapers and the Government Gazette. Information on Council website. Opportunities for meetings with interested parties. Updates in the Banyule Banner.
TECHNICAL ASSESSMENT The key considerations in relation to the proposed subdivision relate to native vegetation removal, neighbourhood character, referral authorities and future connection to sewer: • •
• •
Removal of native vegetation from the site will be addressed through the strategic location of building envelopes on the plan of subdivision, the provision of a Tree Protection Plan and Vegetation Offsets. Issues relating to neighbourhood character will be managed through the implementation of building and driveway envelopes and the implementation of Housing Design Guidelines. The proposed Low Density Residential Zoning will ensure that the low density character of the area is maintained. The plan of subdivision has been referred to the servicing authorities. Conditions imposed by those authorities have been included in the draft planning permit. It is proposed to connect each of the nine lots to sewer, avoiding the need for on-site waste disposal.
OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The site is no longer used for public utility purposes, consequently the existing PUZ1 is no longer appropriate. The proposed rezoning and subdivision for 9 low density lots has strategic support at State and Local policy level. With the support of the previous public land manager, the land provides a suitable low density extension to the existing low density neighbourhood land that lies to the north, south and east.
Ordinary Meeting of Council - 19 September 2016
Page 17
4.1
Place – Sustainable Amenity and Built Environment
4.1
Place – Sustainable Amenity and Built Environment
PLANNING SCHEME AMENDMENT C98 - 117 -123 BONDS ROAD, LOWER PLENTY cont’d
The proposed subdivision has been designed to blend into the landscape, protect the site’s environmental assets and respond to the established pattern and low density neighbourhood character at the site’s frontages.
ATTACHMENTS No.
Title
1
Supporting Information and Technical Assessment
142
2
Assessment against State and Local Planning Policy Frameworks
145
3
Draft Amendment Documents
150
4
Proposed Plan of Subdivision
155
5
Planning Permit
157
Ordinary Meeting of Council - 19 September 2016
Page
Page 18
4.2
AWARD CONTRACT NO 0892-2016 - PANEL OF CONTRACTORS FOR MINOR BUILDING WORKS
Author:
Krishen Soobrayen - Capital Works Co-Ordinator, Assets & City Services
EXECUTIVE SUMMARY This report is to consider the awarding of Contract No 0892-2016 for ‘Panel of Contractors for minor building works’. Council delivers a range of projects across its Capital Works and building maintenance programme which require contractors to be registered commercial builders and perform a range of building extension and renovation projects. These projects are typically between $10,000 to $200,000 and range from new builds, upgrades and building maintenance works. Given the nature of the future proposed works, this contract will aid to facilitate delivery of minor building projects and also provide Council with better value for money. The contract term is one (1) year initially with extension options of one plus one (1+1) years at Councils discretion and satisfactory performance. The total value of this Contract (over three years) will be approximately $ 3,000,000. A Request For Tender was advertised in the local government tender section of The Age newspaper on Saturday the 25th of June 2016 and closed on Tuesday the 26th of July 2016. The Tender Evaluation Panel has recommended that five contractors be appointed to the panel. RECOMMENDATION That: 1. Contract No 0891-2016 for 'Panel of Contractors for Minor Building Works Panel’ be awarded to the following panel of five (5) contractors for a one year contract with the option to extend the contract by a further two (2) years in one (1) year periods at an estimated total expenditure of $3,000,000 over the three years: • Ducon Maintenance Pty Ltd • Building Impressions • Sherwood Construction Solutions Pty Ltd • Ecobuilt Vic Pty Ltd • Kingdom Construction Group Pty Ltd. 2.
The Common Seal of the Banyule City Council be affixed to the contract agreements.
3.
Council authorise the Chief Executive Officer or delegate to approve future extensions under the contract subject to continued satisfactory performance of the contractors.
Ordinary Meeting of Council - 19 September 2016
Page 19
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
AWARD CONTRACT NO 0892-2016 - PANEL OF CONTRACTORS FOR MINOR BUILDING WORKS cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND Council delivers a range of projects across its Capital Works and building maintenance programme which require contractors to be registered commercial builders and perform a range of different trades. These projects are typically between $10,000 to $200,000 and range from new builds, upgrades and building maintenance projects. Contractors must have the capability to perform integrated construction works comprising of trades including but not limited to: • • • • • • • • • • •
Building maintenance works, Structural works including steelwork and concrete works, Brick work, Electrical works, Carpentry works, Plumbing works, Fire services works, Glazing, Finishes including tiling, painting and plaster, Joinery works, Painting works and finishing trades.
Council is seeking to appoint a panel of registered commercial builders for minor building works on a schedule of rates basis. Works may also be allocated on a lump sum for individual projects through quotations. Given the nature of the future proposed works, this contract will aid to facilitate these works and also provide Council with better value for money. LEGAL CONSIDERATION Section 186 of the Local Government Act 1989 (Act) requires councils to undertake a competitive process to test the market by giving public notice and invite tenders before entering into a contract when the value of the contract is equal to or greater than: • $150,000 (including GST) for contracts for the purchases of goods or services; or • $200,000 (including GST) for contracts for the carrying of works. These thresholds have been set in alignment with the thresholds that apply to State Government and are reviewed from time to time. The threshold for the ‘carrying out of works’ was set by Ministerial Direction by order in Council dated 5 August 2008. The awarding of this contract complies with the tendering provisions of Section 186 of the Local Government Act 1989.
Ordinary Meeting of Council - 19 September 2016
Page 20
AWARD CONTRACT NO 0892-2016 - PANEL OF CONTRACTORS FOR MINOR BUILDING WORKS cont’d Additional confidential information is contained in Attachment 1, as circulated in the confidential section of the agenda attachments. This is in accordance with Section 89(2) of the Local Government Act 1989, as the information relates to contractual matters and premature disclosure of the information could be prejudicial to the interests of Council or other persons. BANYULE PROCUREMENT POLICY Councils Procurement Policy is made under Section 186A of the Local Government Act 1989. The purpose of this Policy is to: • • • • •
provide policy and guidance to the Council to allow consistency and control over Procurement activities; demonstrate accountability to ratepayers; provide guidance on ethical behaviour in public sector purchasing; demonstrate the application of elements of best practice in purchasing; and increase the probability of obtaining the right outcome when purchasing goods and services.
The Act and the Procurement Policy of Council are the primary reference points for how all procurement should be performed. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. TENDER PROCESS Tender were advertised in the local government tender section of The Age newspaper on Saturday the 25th of June 2016 and closed on Tuesday the 26th of July 2016. Twenty nine (29) contractors downloaded the tender document from Council’s website and ten (10) contractors submitted their tenders by the closing date.
Tender Evaluation Criteria All tenders were evaluated using the following evaluation criteria, which was listed in the tender document: • Stage 1 – Tenders meeting council’s mandatory criteria: o Commercial Registered Builder’s License. o Insurance requirements. o OH&S compliance.
Ordinary Meeting of Council - 19 September 2016
Page 21
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
AWARD CONTRACT NO 0892-2016 - PANEL OF CONTRACTORS FOR MINOR BUILDING WORKS cont’d o Industrial relations history. • Stage 2 – Evaluation of the capability of the Tendered to undertake the contract with specific analysis of: o Proposed Resources to be employed. o Financial assessment. o Referees report. o Past and Current similar contracts. • Stage 3 - Evaluation of Tendered price based on a notional typical building project, in accordance with rates quoted. Tender Evaluation Tenders were evaluated by the Tender Evaluation Panel (TEP) comprising officers from Capital Projects and the Procurement Units. Prior to the opening of the tenders the tender evaluation panel convened to set the weightings for each of the evaluation criteria and establish how the tenders would be evaluated using a weighted evaluation matrix. The TEP evaluated each conforming tender using a weighted matrix based on the evaluation criteria. Tenders which did not meet the Stage 1 criteria or had not provided full price schedules were not evaluated. The TEP members individually scored the conforming tenders and then a TEP meeting was held to agree on the consensus scores. Following this, the scores were inputted into the weighted matrix with the top five scoring contractors selected to be on the Panel. Reference checks have been conducted for all conforming tenders to determine their capability and past performance. One of the contractors, Building Impressions, has previously worked for Council under contract number 0674C-2011 for carpentry works. In undertaking the assessment, all members of the TEP completed and signed the conflict of interest and confidentiality declaration. Based on the number and diversity of projects that this panel is expected to deliver, it is recommended that five (5) contractors be appointed to the panel. The TEP has recommended that the following contractors be appointed on the panel: • • • • •
Ducon Maintenance Pty Ltd Building Impressions Sherwood Construction Solutions Pty Ltd Ecobuilt Vic Pty Ltd Kingdom Construction Group Pty Ltd.
Ordinary Meeting of Council - 19 September 2016
Page 22
Place – Sustainable Amenity and Built Environment
4.2
AWARD CONTRACT NO 0892-2016 - PANEL OF CONTRACTORS FOR MINOR BUILDING WORKS cont’d
FUNDING IMPLICATIONS Funding will be via the Capital Works programme and building maintenance operating budget for an approximate value of $3,000,000 over the three year duration of the contract. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONTRACT DURATION The contract term is one (1) year initially with extension options of one plus one (1+1) year at Council’s discretion and subject to satisfactory performance of the contractor. CONCLUSION As a result of the tender evaluation and reference checks, the Tender Evaluation Panel recommends that Council award Contract No 0892-2016 for ‘Panel of Contractors for Minor Building Works’, to the following contractors for an approximate value of $3,000,000 (over its full duration): • • • • •
Ducon Maintenance Pty Ltd Building Impressions Sherwood Construction Solutions Pty Ltd Ecobuilt Vic Pty Ltd Kingdom Construction Group Pty Ltd.
ATTACHMENTS No.
Title
1
Minor Building Works Panel - Tender Evaluation - CONFIDENTIAL
Ordinary Meeting of Council - 19 September 2016
Page
Page 23
4.3
Place – Sustainable Amenity and Built Environment
4.3
FORD PARK MASTERPLAN
Author:
Brett Jose - Open Space Planning Project Officer, Assets & City Services
Ward:
Olympia
EXECUTIVE SUMMARY Council has prepared a Masterplan for Ford Park to guide sustainable planning and improvements for this ‘Significant’ Neighbourhood Park. The preparation of the Masterplan is identified as an action by Council’s Public Open Space Plan 20162031. Ford Park is an established reserve within Bellfield and includes formal sporting and passive recreation facilities. The overwhelming sentiment of the community is improve the facilities in the park to achieve a good balance between active sport and informal recreation, including increasing opportunities for walking, play and picnicking. The Masterplan vision is to create a park that is able to cater for both informal and formal activities and serve the projected increased population of the area over the coming decade. An extensive consultation process has been undertaken with key internal and external stakeholders to gather information, identify the needs of key users and determine future improvements and development opportunities. The Masterplan’s key objectives were developed with the community and there was strong community support shown for the Masterplan during the consultation phase. The Masterplan is consistent with the objectives of Council’s Public the Open Space Plan 2016-31 and has been developed in consultation with the community and stakeholders and once adopted, will help guide reserve and facility improvements to serve the local community for decades to come. RECOMMENDATION That Council: 1.
Adopt the Masterplan for Ford Park, Bellfield.
2. Refer projects and cost estimates within the Masterplan to future capital work budgets.
CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUNDIn March 2016, Council appointed ACLA Consultants to work with the community and Council to develop a master plan for Ford Park, Bellfield.
Ordinary Meeting of Council - 19 September 2016
Page 24
FORD PARK MASTERPLAN cont’d The Banyule Open Space Plan recommends that Council prepare a masterplan for each of its major parks and reserves. This will enable public open space to be developed in line with a well-considered plan which has broad community support. The Banyule Open Space Plan also recommends that Council develop a number of park activity centres/ destination parks at key locations around the municipality. Ford Park is a ‘Significant Neighbourhood Park’. As such there is potential to create spaces which attract families for longer stays such as increased tables / seating, picnic areas, informal active features and improved landscape features. Ford Park is located within the suburb of Bellfield bordering West Ivanhoe, both of which are experiencing significant change and growth which is expected to continue well into the future, due to the area being part of the Latrobe National Employment and Innovation Cluster. Ford Park is a 9.5ha neighbourhood park, incorporating two sports fields, a pavilion, grandstand, local play space, areas of native plantings and mature trees. The park is located close to the Darebin Creek Corridor and Shared Trail, adjacent to the Parks Depot. Situated within the boundaries of Davidson, Banksia and Harrison Streets and Oriel Road, Bellfield, the park is highly visible being bordered by both local and thoroughfare roads. It has the potential to become a vibrant neighbourhood park able to further accommodate informal active recreation as well as passive recreation. It is also the home of Bellfield Cricket Club and currently acts as an overflow ground for the Ivanhoe Junior Football Club. The masterplan makes recommendations around the siting of and need for improved sporting facilities. However recommendations relating to the sporting facilities and associated car parking will need to be considered in the light of Council’s Recreation Plan and the overall demand for active sport. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. The Ford Park Masterplan, particularly the extensive public engagement and consultation process used in developing it, is compatible with Section 18 of the Human Rights Charter; i.e. “ everyone has the right to take part in public life”.
Ordinary Meeting of Council - 19 September 2016
Page 25
4.3
Place – Sustainable Amenity and Built Environment
4.3
Place – Sustainable Amenity and Built Environment
FORD PARK MASTERPLAN cont’d
LOCALITY PLAN
Ford Park, Bellfield
ADVOCACY The thoughts and ideas of the community have been reflected within the Ford Park master plan. Council will use the Masterplan to advocate to other levels of government for funding assistance to develop the identified actions.
Ordinary Meeting of Council - 19 September 2016
Page 26
Place – Sustainable Amenity and Built Environment
4.3
FORD PARK MASTERPLAN cont’d
CONSULTATION An extensive consultation process was undertaken to ensure involvement by all stakeholders in the preparation of the initial draft of the Masterplan. An Internal Working Group, Internal Project Steering Committee and a Community Reference Group including local residents, park user groups and Council Officers were established. Feedback was received from the community through the “Have Your Say,” Council Website Surveys and submissions, stakeholder interviews, external reference group workshops and a community drop-in information session. All feedback assisted in developing a draft Masterplan that reflected the needs of the local community. The following Key Objectives for the Masterplan were developed in consultation with the community and stakeholders: •
Create a community and social hub
•
Improve access and safety
•
Consider the environment and connection to the Darebin Creek
•
Upgrade sporting infrastructure and facilities
•
Establish a clean and well maintained park
The draft Masterplan was endorsed by Council at its meeting on 11 July 2016, for the purpose of undertaking final community consultation and was released to the public for a four week period from 12 July – 9 August 2016. Members of the community were informed of the draft Masterplan through: •
advertising via the Leader Newspaper (Banyule in brief – 15 March)
•
Council’s website (Have your Say and Facebook pages)
•
Direct email to the user groups.
•
Mail out to 1,191 local residents
•
Community drop in session
Twenty four (24) responses were received during the final community consultation. The response rate indicates that the community is generally supportive of the Masterplan as past experience shows there is usually a very strong response when there is an issue the community has concerns about. The majority of the feedback that was received was very supportive of the draft Masterplan. Based on the community feedback only a few minor changes were required to be made to the Masterplan. The Ford Park Masterplan can be found in Attachment One. A summary of feedback can be found in Attachment Three.
Ordinary Meeting of Council - 19 September 2016
Page 27
4.3
Place – Sustainable Amenity and Built Environment
FORD PARK MASTERPLAN cont’d FUNDING IMPLICATIONS The initial estimated cost to implement the master plan including a 10% contingency is approximately $2.7M excluding GST. This figure includes funds allocated in the 2015/16 and 2016/17 capital works budgets. The projects identified in the Masterplan will be referred to Council’s future capital works budgets for funding consideration. The Masterplan has a 15 year outlook for possible completion of the identified works. All costs associated with pavilion design and construction and car parking have been excluded, as sporting infrastructure will need to be considered in the light of Council’s Recreation Plan and the overall demand for community sport. Banyule City Council will need to seek partnerships and funding opportunities with various external stakeholders in order to achieve several of the proposed works identified in the master plan. The implementation plan including costings can be found in Attachment Two. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION Council has prepared a Masterplan for Ford Park, Bellfield, to guide sustainable planning and improvements for this ‘Significant’ Neighbourhood Park. The preparation of the Masterplan is an action from the Open Space Plan 2016-2031. An extensive consultation process was undertaken with key internal and external stakeholders to gather information, identify the needs of key users and determine future improvements and development opportunities. The outcome of the consultation was overwhelming support for the draft Masterplan. The Masterplan creates a vision for Ford Park which will cater to the expected increase in population and the informal and formal recreation desires of the community. The objectives of the Masterplan were developed in consultation with the community and stakeholders and once adopted, the Masterplan will help guide reserve and facility improvements to serve the local community for decades to come. Ford Park Masterplan located in Attachment One.
Ordinary Meeting of Council - 19 September 2016
Page 28
Place – Sustainable Amenity and Built Environment
4.3
FORD PARK MASTERPLAN cont’d ATTACHMENTS No.
Title
1
Ford Park Master Plan
167
2
Ford Park Implementation Plan
200
3
Consultation Summary - draft Masterplan public consultation - Ford Park Masterplan Plan 2016
222
Ordinary Meeting of Council - 19 September 2016
Page
Page 29
4.4
BETTER APARTMENTS DRAFT DESIGN STANDARDS
Author:
Fae Ballingall - Strategic Planner, City Development
4.4
Place – Sustainable Amenity and Built Environment
EXECUTIVE SUMMARY The Department of Environment, Land, Water and Planning (DELWP) has released the Better Apartments Draft Design Standards (Attachment 1). The draft Standards are part of a Victorian Government initiative to improve the internal design and amenity of apartments. DELWP is now seeking feedback on the proposed standards. The Victorian Government’s approach to regulate the design of new apartments is supported. However, the detail of some of the proposed standards raises concern for side and rear building setbacks, light wells, private open space, noise impacts, energy efficiency, waste and water management. There is also an opportunity to include more, such as guidance for preferred external design responses, support for sustainable transport modes and how standards can integrate with other types of development, such as mixed use. A submission (Attachment 2) has been prepared to give detailed feedback on these matters and has been provided to DELWP to meet their 19 September deadline. RECOMMENDATION That Council notes a submission has been made to the Victorian Government’s Better Apartments Draft Design Standards. The submission gives support to: a)
The Government’s commitment to improve the sustainability, amenity and liveability of new apartments;
b)
Draft Design Standards, subject to: • Including guidance for facades and public realm integration; • Providing more comprehensive design guidance when rolling-out future planning scheme changes, particularly for residential components in mixed-use developments; • Strengthening standards for energy efficiency, waste and water and translating into State wide provisions for Environmentally Sustainable Development.
CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND Apartments make an important contribution to diverse and affordable housing options for Victoria. As the building of new apartments continues, there has been concern about the standard of design and liveability. This is especially so for developments of
Ordinary Meeting of Council - 19 September 2016
Page 30
BETTER APARTMENTS DRAFT DESIGN STANDARDS cont’d five or more storeys, which may lack adequate building setback, light, ventilation, energy efficiency, noise, storage, private and communal open space, landscaping and accessibility. In May 2015, the Minister for Planning released the Better Apartments Discussion Paper to collect ideas for improved design and liveability outcomes for apartments. At its meeting on 20 July 2015, Council resolved to make a submission to the Discussion Paper. The submission highlighted: •
The need for more performance-based assessment of future resident amenity in relation to apartments in the Planning Scheme;
•
That the issues of ‘outlook’, ‘outdoor space’, ‘universal design’, ‘energy and resources’ and ‘car parking’ are considered to impact most significantly upon the amenity of apartment residents; and
•
That ‘adaptability’ is the least significant.
Following public consultation, DELWP and the Office of the Victorian Government Architect (OVGA) worked with a peak body reference group and a local government working group to develop potential design standards. The outcome of this is the Better Apartments – Draft Design Standards in Attachment 1. There is now an opportunity to give feedback on this Draft. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER The subject matter does not raise any human rights issues. DISCUSSION There are sixteen new design standards proposed, plus several refined from existing Rescode standards. Final standards will be introduced through a new particular provision in the Victorian Planning Provisions. The provision will apply to all apartments and will adopt the same performance based approach currently used to assess residential development in planning schemes. The draft standards respond to many issues raised by submitters to the Better Apartments Discussion Paper, 2015. Most will give a tangible improvement to the design of new apartments. There are opportunities to improve draft standards for energy efficiency, building setbacks, light wells, private open space and accessibility. These suggested improvements are summarised below, with more detail in the draft submission, in Attachment 2: •
Building setbacks need clear objectives to guide decision making on variations. Setbacks should be increased to accommodate more solar access, reduce the wind tunnel effect and allow for more landscaping opportunities. Setbacks need to be wide enough to accommodate canopy width of medium to large trees for integrated built and landscape design outcomes.
Ordinary Meeting of Council - 19 September 2016
Page 31
4.4
Place – Sustainable Amenity and Built Environment
4.4
Place – Sustainable Amenity and Built Environment
BETTER APARTMENTS DRAFT DESIGN STANDARDS cont’d •
Light well design should be informed by more responses to different scenarios, including implications for different building types.
•
More visual illustrations should be included to demonstrate application of standard and guide appropriate variations.
•
The objective of reducing noise impact is supported and compliance should be through the building regulations.
•
Environmentally Sustainable Design elements, such as energy efficiency, are better suited to a state-wide provision. As one of six Councils with an adopted local ESD policy, Banyule is working with DELWP to achieve this outcome. In the interim, it is recommended the Better Apartments standard for energy efficiency, waste and water management require applicants to demonstrate how they will meet the standard as part of a Sustainable Management Plan.
•
Prescription for lift and stairwell dimensions so moving in/out, trade access for repairs and renovations can be accommodated. Adequate space for the turning radius of mobility scooters, wheel chairs and ambulance trolleys is also important.
•
Wall areas in bathrooms, showers and toilets should be reinforced for grab-rails at a later date.
•
Water Sensitive Urban Design elements should be incorporated into open space landscaping, such as rain gardens and bio-retention pits.
There is also an opportunity to widen the scope of the proposed standards. There are gaps in urban design guidance, including for façades, and integration with the public realm. Good design outcomes, such as vertical articulation and siting of utilities, contribute to the overall amenity and liveability of a new apartment building. It is recommended that comprehensive design guidelines be prepared alongside the new planning provisions. More detail is also sought to show how the standards apply for mixed-use developments with a residential component. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The draft design standards have potential to give greater certainty to all stakeholders for the improved design of apartments. The Government’s preparation of design guidelines to support application of these standards will be important. Furthermore, sufficient time should be given to enable effective public consultation before final guidelines are in place. The accompanying submission has been given to DELWP to ensure Banyule’s input before the 19 September 2016 deadline.
Ordinary Meeting of Council - 19 September 2016
Page 32
Place – Sustainable Amenity and Built Environment
4.4
BETTER APARTMENTS DRAFT DESIGN STANDARDS cont’d ATTACHMENTS No.
Title
1
Better Apartments Draft Design Standards
227
2
Banyule City Council - Better Apartments Draft Design Standards Submission
273
Ordinary Meeting of Council - 19 September 2016
Page
Page 33
4.5
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE
Author:
David Bailey - Transport Advocacy Manager, City Development
4.5
Place – Sustainable Amenity and Built Environment
Previous Items Council on 27 June 2016 (Item 8.1 - Hurstbridge Line Upgrade – Lower Plenty Road Level Crossing, Rosanna) Council on 25 July 2016 (Item 4.3 - Hurstbridge Rail Line Upgrade – Lower Plenty Road Level Crossing Removal - Consultation Update) EXECUTIVE SUMMARY The Level Crossing Removal Authority is delivering the $140 million Heidelberg to Rosanna track duplication and Lower Plenty Road level crossing removal as an Alliance project. The work will include a new Rosanna Railway Station and planning for future track duplication between Greensborough and Eltham. The Authority has appointed Laing O’Rourke, Fulton Hogan and Jacobs as the design and construction consortia for the project and has arranged the next stage of community consultation for 22 and 24 September 2016. The Authority has indicated that the design options and costing will be finalised to present to Government by the end of the year. Council is working with the Authority during the options development stage to achieve the best possible community outcome. Following Government confirmation of the preferred option, early works will commence in the first half of 2017 with construction commencing in mid-2017. Completion is scheduled in 2019. Although this is a State Government project, Council meets regularly with the Authority to input into the design development and has engaged consultants to provide transport planning and drainage advice to assist in determining the impact of the project on Council assets. Council is also developing plans for the Rosanna Village streetscape works funded under the 2016/17 Capital Works Program. A consultant has been engaged to prepare Urban Design Guidelines to guide the development of streetscape works on both sides of the railway line. The draft Guidelines which have been developed will be used to input into the track duplication and level crossing removal project and will be refined for further consultation in November. RECOMMENDATION That Council: 1. Notes the status of the Heidelberg to Rosanna track duplication and Lower Plenty Road level crossing project; and 2. Notes that the draft Rosanna Village Urban Design Guidelines will be used to guide discussion with the Rosanna Traders Association and the Level Crossing Removal Authority.
Ordinary Meeting of Council - 19 September 2016
Page 34
Place – Sustainable Amenity and Built Environment
4.5
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d
CITY PLAN This report is in line with Council’s City Plan key directions to “maintain and improve Banyule as a great place to live”; “Support thriving commercial and retail activity” and “Support sustainable transport”. BACKGROUND The State Government has committed $140 million for the duplication of the railway line between Heidelberg and Rosanna and the removal of the Lower Plenty Road level crossing in Rosanna. The work will include the construction of an additional railway bridge over Burgundy Street, widening the railway tunnel under Darebin Street, a new Rosanna Railway Station and planning for future track duplication between Greensborough and Eltham. The Level Crossing Removal Authority (LXRA) will deliver the project by 2019. Council is meeting regularly with LXRA to input into the design development to influence the design to achieve the best possible community outcomes. At its meeting 14 June 2016 Council resolved (in part) the following: Resolution (CO2016/1) “That: 1. Council welcomes the State Government commitment to allocate $140m in the 2018/19 Budget for duplicating the Hurstbridge Rail line between Heidelberg and Rosanna including the grade separation of Lower Plenty Road and the railway line. However a number of matters need to be clarified: a) confirmation that no land acquisition is required for the duplication and grade separation including no impact on adjoining land and proposed developments; b) the measures to be introduced as part of the works to protect the amenity and construction impacts to nearby properties and the Rosanna Parklands; c) the form of the grade separation, in particular the alignment and whether the railway line or road will be built under or over (ie. elevated train line); d) the urban design approach to the new railway station at Rosanna and its relationship between the Rosanna Shopping Centre at Beetham Parade, Lower Plenty Road and the emerging activity at Turnham Avenue. The connection of the activity centre is a critical element and consideration; e) the impact on bus services in Lower Plenty Road and Turnham Avenue with confirmation there will be no service interruptions during construction and the ongoing provision of enhanced services as part of a new bus interchange following completion of the project. Lower Plenty Road and Turnham Avenue are heavily utilised by various bus services; f) that all relevant authorities including VicRoads, VicTrack, the Level Crossing Removal Authority (LXRA) and relevant State Government Departments will work with Council and the Local Shopping Centre to reduce and minimise disruption to the businesses; g) that measures will be introduced to ensure resident access across the railway line and Lower Plenty Road are maintained during construction and into the future including the pedestrian crossing at Davies Street;
Ordinary Meeting of Council - 19 September 2016
Page 35
4.5
Place – Sustainable Amenity and Built Environment
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d h) the extent and length of time that Brown Street and Darebin Street will be closed (if at all) during the duplication; i) that local residents will be protected from noise impacts during construction; j) ongoing impact on Rosanna Parklands including the ability to retain trees and provide ongoing maintained landscaping and new tree planting; and k) detail on ongoing soundproofing to provide for noise amenity protection of residents which is designed to minimise graffiti. 2. Council write to: a) the Premier, Minister for Transport and Major Projects as well as all local Federal and State Members seeking their response to these issues.” Letters were sent to the Premier, Minister for Transport and Major Projects as well as all local Federal and State Members on 29 June 2016. Council has recently received a response from the Hon. Jacinta Allen MP, Minister for Public Transport. The Minister refers to the LXRA’s activities in developing the project and consultation with the local community and notes Council’s interest. The letter also notes that the Macleod level crossing is not scheduled for removal. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. However, the project will require works on Council assets including road, footpath and drainage. The LXRA has been requested to confirm the legal framework under which it will seek approval to carry out the works on Council’s assets. Options include the Road Management Act (2004) and the Major Transport Facilitation Act (2009). HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. ADVOCACY Council has advocated to local Federal and State MP’s and the LXRA for several inclusions in the project to achieve the best possible community outcome. Discussions with the LXRA are ongoing to advocate for project additions. Discussions are also ongoing with VicRoads to advocate for changes to Lower Plenty Road and to PTV for improved bus services and bus/rail connections.
Ordinary Meeting of Council - 19 September 2016
Page 36
Place – Sustainable Amenity and Built Environment
4.5
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d CURRENT SITUATION The LXRA has appointed Laing O’Rourke, Fulton Hogan and Jacobs as the design and construction consortia for the project. The consortia will be part of the Alliance group delivering the project in conjunction with the LXRA, Metro Trains Melbourne, Public Transport Victoria and the Department of Economic Development, Jobs, Transport and Resources. The design consortia will prepare information on the design options for consultation. At this stage the LXRA has not determined the form of the Lower Plenty Road level crossing removal. Similarly, while the track duplication between Heidelberg and Rosanna will involve a new rail bridge over Burgundy Street, widening the rail tunnel at Darebin Street/Hawdon Street and the Brown Street bridge, there is currently no available information on the impact on these streets. Council has engaged consultants to develop Urban Design Guidelines for Rosanna Village and the track duplication and Lower Plenty Road level crossing removal project. The draft Guidelines will be refined for consultation in November. Council has also engaged consultants to provide transport planning and drainage advice to assist in determining the impact of the LXRA works on Council assets and Council’s requirements for the works. FUNDING IMPLICATIONS The level crossing removal and rail duplication project is a $140 million project funded by the State Government. The development of the Urban Design Guidelines, Rosanna streetscape design and engagement of consultants are funded under budget allocations. Construction of the Rosanna streetscape is included in the draft 2017/18 and 2018/19 budgets. CONSULTATION Ongoing community consultation is being managed by the LXRA with Council input. LXRA has indicated that it will hold drop-in sessions on 22 and 24 September 2016 to provide information on rail duplication and options for the level crossing removal and new Rosanna Railway Station. Council wrote to 5,600 residents and businesses in the area on 2 August 2016 informing them of the project and providing information to assist them in communicating with the LXRA. Contact details for the LXRA are also available on Council’s website and social media sites to assist the community provide feedback to the LXRA. Council is working with the Rosanna Village Traders Association to develop the design for the Rosanna streetscape improvements which are programmed for construction next financial year. The draft Urban Design Guidelines which have been developed for Rosanna Village will be used to assist discussions with the Rosanna Traders Association. They will also assist in discussions with the LXRA to coordinate the level crossing removal works, new Railway Station construction and streetscape works. The draft Guidelines will be refined for further consultation in November.
Ordinary Meeting of Council - 19 September 2016
Page 37
4.5
Place – Sustainable Amenity and Built Environment
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d DISCUSSION Council is engaging with the LXRA, residents and traders to ensure that the design outcome of the level crossing removal and track duplication provide the best possible community outcome and advocate for additional elements to improve the project. Council’s Urban Design Guidelines for Rosanna Village will guide the improvements in Rosanna to develop a public realm character that supports Rosanna Village as a ‘cultural heart’ which is community focused and environmentally sustainable. The draft Guidelines are included at Attachment 1. The draft Guidelines’ ‘Vision’ for Rosanna Village is: Place: • To maintain its role as one of Banyule’s Neighbourhood Activity Centres, centered upon its identity as the ‘cultural heart’ of Rosanna. • To maintain the treed village character with a strong emphasis on its highly vegetated surrounds utilising native species of various proportions and scales. People: • To enhance the community spirit of the village, providing a range of civic, specialty retail and small commercial uses connected to diverse and functional public open spaces. Participation: • To create a vibrant public realm through public art and sculpture. Performance: • To implement a well-designed, sustainable and resilient transport node which incorporates safe and convenient pedestrian, cycle connectivity. The draft Guidelines will be used to help define the Rosanna Village streetscape works and in discussion with the LXRA for the track duplication and level crossing removal project, including the development of a new Rosanna Railway Station. The draft Guidelines will be refined for further consultation in November. Council has also engaged transport planning and drainage consultants to provide advice on the project impact on Council’s assets, the need for asset improvement and advocate for project additions. The LXRA has formed an Alliance group to deliver the project which includes the LXRA, Metro Trains Melbourne, Public Transport Victoria, the Department of Economic Development, Jobs, Transport and Resources and the design /construct consortia. To support Council’s input into the project, regular meetings are held with the LXRA and Council attends the Government’s Urban Design Advisory Panel which is overseeing the urban design to ensure the project achieves the best possible community outcome. The LXRA has developed initial design options for the track duplication and the level crossing removal which will be presented to the community at drop-in sessions on 22 and 24 September 2016.
Ordinary Meeting of Council - 19 September 2016
Page 38
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d The Heidelberg to Rosanna track duplication will require a new bridge over Burgundy Street; widening the railway cutting/embankment; duplication of the 80m rail tunnel under the Darebin Street/Hawdon Street intersection (which is currently configured as a roundabout); and the Brown Street railway bridge. Council is developing options for the reinstatement of the Darebin Street/Hawdon Street intersection and Brown Street at the railway bridge. The design options for the Lower Plenty Road level crossing removal include elevated road; lowered road; elevated rail; and lowered rail options. It is understood that the elevated road and lowered road options would have a significant impact on the Rosanna Village shopping centre and are unlikely to be developed further. The options for either elevating or lowering the railway will be developed by the Alliance and presented to Government, a decision is likely to be announced in early 2017. The rail bridge and rail trench options for the Lower Plenty Road level crossing removal will require the construction of a new Rosanna Railway Station. Council is working closely with the LXRA to influence the station design to ensure the design meets Council’s urban design expectations, including visual appearance, urban design integration, public transport integration, bicycle and pedestrian connections, tree retention/replacement and noise attenuation. Council is also working with the LXRA and VicRoads to determine the future configuration of Lower Plenty Road and the intersections with Turnham Avenue, Beetham Parade and Ellesmere Parade. Options for the transport interchange layout and enhanced bus services are being developed in conjunction with PTV. TIMELINES The LXRA has indicated that the Alliance will finalise the design options and present them to the community later in 2016. The options and costing are expected to be presented to Government by the end of the year. Following Government confirmation of the preferred option, early works will commence in the first quarter of 2017 with construction commencing in mid-2017. Completion is scheduled in 2019. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION Development of the Heidelberg to Rosanna track duplication and Lower Plenty Road level crossing removal project is being progressed by the Level Crossing Removal Authority. At this stage there has been no decision on whether the rail will be lowered or elevated across Lower Plenty Road. The preferred design solution will be presented to Government at the end of 2016. The Authority has arranged to present the design options at the next stage of community consultation on 22 and 24 September 2016. The Authority has indicated that works will commence in the first half of 2017 with construction commencing in mid-2017. Completion is scheduled in 2019.
Ordinary Meeting of Council - 19 September 2016
Page 39
4.5
Place – Sustainable Amenity and Built Environment
4.5
Place – Sustainable Amenity and Built Environment
HURSTBRIDGE RAILWAY LINE IMPROVEMENT - LOWER PLENTY ROAD LEVEL CROSSING REMOVAL - PROJECT UPDATE cont’d Council meets regularly with the Authority to input into the design development and is working with VicRoads to determine the preferred configuration for Lower Plenty Road. Work will continue with PTV on the bus interchange layout and service improvements. Council is also developing plans for the Rosanna streetscape works which are funded under the Capital Works Program. Council has engaged consultants to assist in the development of the Rosanna Village Urban Design Guidelines. The draft Guidelines will be used in to develop the Rosanna Village streetscape design and in discussion with the LXRA for the track duplication and level crossing removal project, including the development of a new Rosanna Railway Station. The draft Guidelines will be refined for further consultation in November. Council has also engaged transport planning and drainage consultants to provide advice on the impact of the track duplication and Lower Plenty Road level crossing removal project on Council’s assets. ATTACHMENTS No.
Title
1
Rosanna Village Draft Urban Design Guidelines
Ordinary Meeting of Council - 19 September 2016
Page 278
Page 40
4.6
CONSIDERATION OF AIR CONDITIONERS AND SITE SERVICES WITHIN DEVELOPMENT PLANNING APPLICATIONS
Author:
Paul Wood - Development Planning Co-ordinator , City Development
EXECUTIVE SUMMARY At the Council Meeting of 18 April 2016, Council resolved that a report be prepared providing an overview of the consideration of air conditioners and site services within Development Planning applications. This report outlines the scope of consideration for Development Planning with reference to the existing policy framework including urban design policy, ResCode considerations and the Neighbourhood Character Strategy. It also considers matters of noise impact from air conditioners. The report provides a set of principles that consider appropriate locations for air conditioners as part of the assessment of planning applications and recommendations for staff professional development training regarding good design outcomes for site services. RECOMMENDATION That Council: 1.
Support a principles based approach for considering an appropriate location for air conditioners as part of planning applications, internal training of the Development Planning Team to implement the principles and consideration as part of the planning assessment process.
2.
Notes that an architect will be engaged to work with the Development Planning Team to provide professional development training on how to achieve high quality site service design outcomes.
CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND The location of air conditioners and site services can have an adverse impact on the visual appearance of a building and the character of an area. In some cases, these facilities can also cause noise impacts to neighbouring properties. As such the location of these facilities is an important consideration for new development despite building and development controls being unable to influence their location and design in many situations.
Ordinary Meeting of Council - 19 September 2016
Page 41
4.6
Place – Sustainable Amenity and Built Environment
4.6
Place – Sustainable Amenity and Built Environment
CONSIDERATION OF AIR CONDITIONERS AND SITE SERVICES WITHIN DEVELOPMENT PLANNING APPLICATIONS cont’d In recognition of this, Council called for a report to be prepared providing an overview of the consideration of air conditioners and site services within Development Planning applications. This reports provides an overview of the main policy provisions and establishes a set of principles for considering the location of air conditioners and site services within Development Planning applications. DISCUSSION The Banyule Planning Scheme (Scheme) provides clear objectives and strategies to consider the visual impact of air conditioners and site services within new development and in some respects the noise impacts associated with their siting. The key relevant sections of the Scheme include: •
Clause 13.04-1 (Noise abatement) in respect of non-residential development and provides for a strategy to “ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area”. This strategy defers to Environment Protection Authority, State Environment Protection Policies 1 and 2.
•
Clause 15.01-2 (Urban design principles) provides that “any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design” for non-residential development proposals and or residential development not covered by clauses 54, 55 and 56.
•
Clause 22.02 (Residential Neighbourhood Character Policy) implements the Banyule City Council Neighbourhood Character Strategy 2012 and establishes objectives for each of the defined residential areas “to ensure that household services are not a visually prominent feature”.
•
Clauses 55.04-8 (Noise impacts objectives of ResCode for developments of more than one dwelling on a lot) provides for the consideration of noise impacts and specifies that “Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings” and “noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties”.
•
Clause 55.06-4 (Site services objectives of ResCode for developments of more than one dwelling on a lot) provides for the consideration of site services and specifies that “bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development” and “mailboxes should be provided and located for convenient access as required by Australia Post”.
In this respect, the policy framework provides sufficient scope for air conditioners and site services to be considered in Development Planning applications. However, it should be recognised that this framework only applies when a planning permit is required and the relevant ambit of discretion in considering the permit is applicable.
Ordinary Meeting of Council - 19 September 2016
Page 42
CONSIDERATION OF AIR CONDITIONERS AND SITE SERVICES WITHIN DEVELOPMENT PLANNING APPLICATIONS cont’d As such, the influence on overall amenity impacts associated with air conditioners and site infrastructure in residential areas as a result of any change to approach taken by Council may be minimal. What is the policy framework seeking to achieve in relation to the siting of air conditioners? The planning policy framework above has two clear objectives in relation to the siting of air conditions. •
Visual appearance
The key policy driver in relation to visual appearance of air conditioner within a residential area is the Residential Neighbourhood Character Policy. The policy considers the visual prominence of air conditioners with reference to being visible from the public realm and not private properties. The policy therefore seeks to ensure that air conditioners are located so they will not be visible from a street frontage or if they are, so that they are screened in a way that is integral to the overall architectural form of the building. The key policy driver for non-residential development is the Urban Design Principles at clause 15 of the Scheme. This similarly seeks to ensure air conditioners have limited visibility from the public realm and are integrated within the design of a new building. •
Amenity – acoustic attenuation
For multi-dwelling development that is ResCode applicable, consideration can be given to noise impacts from mechanical plant (including air conditioners) and seeks to have air conditioners set away from bedrooms of dwellings on adjoining properties. For non-residential development, consideration can be given to noise impacts from mechanical plant and the Scheme has strength to require maximum noise levels are not exceeded. Does the policy approach provide for a preferred location to site air conditioners? With consideration to the visual appearance and acoustic attenuation provisions of the Scheme, the following principles would assist planners in considering an appropriate location for air conditioners: For residential development • • • •
Avoid air conditioners being prominent in the public realm. Examples of this could include having air conditioners located in rear yards or at roof level where they sit within a valley between two roof pitches. Avoid air conditioners being located adjacent to bedroom windows of adjoining dwellings Avoid air conditioners being located at upper levels where oblique views are possible from the public realm. Where these are unavoidable, ensure that air conditioners are screened in a treatment that enhances the visual appearance of the building (such as with landscaping, visually interesting screening, or similar).
Ordinary Meeting of Council - 19 September 2016
Page 43
4.6
Place – Sustainable Amenity and Built Environment
4.6
Place – Sustainable Amenity and Built Environment
CONSIDERATION OF AIR CONDITIONERS AND SITE SERVICES WITHIN DEVELOPMENT PLANNING APPLICATIONS cont’d
For non-residential development •
• •
Avoid air conditioners being prominent in the public realm. Examples of this could include having air conditioners located in service yards or at roof level where they are designed as an integral architectural element of the building. Avoid air conditioners being located at upper levels where oblique views are possible from the public realm. Where these are unavoidable, ensure that air conditioners are screened in a treatment that enhances the visual appearance of the building (such as with landscaping, visually interesting screening, or similar).
These principles provide assistance to the Development Planning team and could be promoted as a mechanism for consistent decision making. It is however noted that each application must be assessed on its own merit and there would be circumstances where these principles would not be able to be achieved or where there would be tension between competing locational considerations (i.e. balancing visual appearance with noise impacts). In this respect, planners would need to balance what is a more acceptable outcome as due to the Melbourne climate, there is unlikely to be a scenario where Council could refuse an application based on the siting of an air conditioner. Additional guidance may also be of assistance to determine how noise from an air conditioner might be limited. While planning for residential development must take into account the siting of air conditioners away from bedroom of dwelling on adjoining lots, the Scheme does not regulate what is an appropriate noise impact. In this respect guidance from an acoustician might provide common scenarios where relocation of a unit is considered necessary or attenuation required. Other site services, their visual appearance and Neighbour Character Multi-dwelling developments commonly require site services, including electrical cabinets, gas meters and NBN infrastructure. If not taken into account as part of the overall design, these services can provide an unacceptable impact upon neighbourhood character. These services are common to all multi-dwelling developments and therefore they should be included on the plans to ensure a proper evaluation of the services is possible. The policy framework for site services is largely based on the Residential Neighbourhood Character Policy and ResCode which seeks to ensure that site services blend with a development. There are different ways to achieve this, including through integration with letter boxes, concealed behind landscaping features or through screening. As a training tool, it is recommended that an architect be engaged to work with planners to provide advice on how to achieve good quality site service outcomes. This should form part of planners professional development training.
Ordinary Meeting of Council - 19 September 2016
Page 44
Place – Sustainable Amenity and Built Environment
4.6
CONSIDERATION OF AIR CONDITIONERS AND SITE SERVICES WITHIN DEVELOPMENT PLANNING APPLICATIONS cont’d LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION This report outlines the policy framework in which to consider the location of air conditioners and site services as part of the assessment of Development Planning applications. It provides a set of principles for how the planning team will consider the location of air conditioners and training opportunities for planners to consider an appropriate design response for site services.
ATTACHMENTS Nil
Ordinary Meeting of Council - 19 September 2016
Page 45
4.7
SUPERVISED CHILDREN'S CROSSINGS
Author:
Elissa Blake - Team Leader Traffic & Transport, City Development
4.7
Place – Sustainable Amenity and Built Environment
Previous Items Council on 23 March 2015 (Item 2.1 - Rosanna Road and Darebin Street - Proposed School Crossing Supervisor) Council on 25 July 2016 (Item 4.1 - Rosanna Road and Banyule Road, Rosanna Road Safety Audit) Council on 30 November 2015 (Item 2.1 - Supervised Children's Crossings) Council on 8 February 2016 (Item 2.1 - Fernside Avenue, Briar Hill - Children's Crossing Supervisor) EXECUTIVE SUMMARY A review of the number of children crossing and the volume of traffic at every children’s crossing is undertaken every three years as part of the annual application that Council submits to VicRoads for the subsidy of employing school crossing supervisors. The subsidy for supervisors is considered by VicRoads at locations where the number of children crossing and the volume of traffic meet the required warrants, or where conditions on the road suggest that the safety risk for pedestrians crossing is high. Recent surveys reveal that three (3) crossings in Banyule do not meet VicRoads’ warrants. Council has made decisions on two (2) of these sites previously: at Wungan Street and Fernside Avenue the supervision should be maintained on safety grounds and at Fernside Avenue to continue advocating to the State for funds for the employment of a supervisor at the crossing. The supervision at Watsonia Road should be maintained and is discussed further within the report. Council should submit its annual application for school crossing supervisor funding based on the current traffic and pedestrian counts and road safety considerations. RECOMMENDATION That Council: 1.
Continue to advocate to VicRoads on behalf of the Sherbourne Primary School community to reinstate the subsidy for the supervision at the children’s crossing at Fernside Avenue, Briar Hill.
2.
Continue to fully fund on safety grounds the supervision of the children’s crossings at: a. Wungan Street, MacLeod, between Portree Street and Highview Crescent; b. Fernside Avenue, Briar Hill.
3.
Writes to VicRoads requesting a review of the safety of the crossing on the north-east slip lane of the intersection at Plenty Road / Bent Street intersection, Bundoora.
Ordinary Meeting of Council - 19 September 2016
Page 46
Place – Sustainable Amenity and Built Environment
4.
4.7
SUPERVISED CHILDREN'S CROSSINGS cont’d
Approves the list of school crossing supervised crossing locations: Road Name
Nearest Intersecting Road
Name of School(s) Served
Number of Supervisors at the site
Alamein Road
Southern Road and Morobe Street
Olympic Village Primary School
1
Altona Street
Waterdale Road and Kokoda Street
St Pius Primary School
1
Balmoral Avenue
Crabtree Court and Maple Grove
Bundoora P.S
1
Banyule Road
McAuley Drive and McCrae Drive
Banyule Primary School
1
Banyule Road
West of Graham Road
Viewbank College
1
Brassey Avenue
Interlaken Parade and Pyalong Avenue
Rosanna Golf Links Primary School
1
Calendonia Drive
Ungara Close and Liddesdale Grove
Glen Katherine Primary School
1
Calendonia Drive
Weidlich Road and Highland Court
Glen Katherine Primary School
1
Cameron Parade
Dundee Street and Sharpes Road
Watsonia North Primary School
1
Cape Street
Burgundy Street and Yarra Street
St Johns Primary School
1
Cape Street
Cartmell Street and Darebin Street
Heidelberg Primary School
1
Carwarp Street
Edward Street and Strathallan Road
Macleod Primary School and S.C
1
Darebin Street
Cape Street and Rosanna Road
Heidelberg Primary School
1
Davies Street
Bellvue Avenue and Grandview Grove
Rosanna Primary School
1
Dundee Street
Dallas Crescent and Busst Drive
Watsonia North Primary School
1
Elder Street
Russell Street and Gladman Street
Watsonia Heights Primary School
1
Fernside Avenue
Hyacinth Street and Outlook Crescent
Sherbourne Primary School
1
Ordinary Meeting of Council - 19 September 2016
Page 47
4.7
Place – Sustainable Amenity and Built Environment
SUPERVISED CHILDREN'S CROSSINGS cont’d Finlayson Street
Ferguson Street and Hill Court
Rosanna Golf Links Primary School
1
Graham Road
North of Banyule Road
Viewbank College
1
Grand Boulevard
Buenavista Drive and Reichelt Road
Montmorency South Primary School
1
Grandview Grove
Davies Street and Victoria Avenue
Rosanna Primary School
1
Greenhill Road
Mine Street and Palmyra Court
Greenhills Primary School
1
Greenwood Drive
Maple Grove and Noorong Avenue
Bundoora P.S
1
Grimshaw Street
The Circuit and Henry Street
Greensborough Primary School
2
Grimshaw Street
Plenty Road
St Damiens Primary School
2
Grimshaw Street
Greensborough Road
St Mary's Primary School
1
Grimshaw Street
Dandaryl Drive and Sharpes Road
Loyola S.C
1
Grimshaw Street
Greensborough Bypass
St Mary's Primary School
2
Haughton Parade
Lionel Street and Banyule Road
Banyule Primary School
1
Heidelberg Road
Fairy Street and Merton Street
Ivanhoe Grammar
1
Henry Street
Elder Street and Glenise Street
Watsonia Heights Primary School
1
Lascelles Avenue
Winston Road and Nevin Parade
Viewbank Primary School
1
Livingstone Street
West of Waterdale Road
Ivanhoe Primary School
1
Lower Heidelberg Road
East of Burton Street
Mother of God & East Ivanhoe Primary School
1
Macorna Street
Busst Drive and Elwers Street
Watsonia North Primary School
1
Main Road
Para Road and Prosperity Road
Lower Plenty Primary School
2
Ordinary Meeting of Council - 19 September 2016
Page 48
Place – Sustainable Amenity and Built Environment
Mountainview Road
Bridge Court and Mayona Road
St Xavier Primary School
1
Mountainview Road
Campbell Road and Fernside Avenue
Briar Hill Primary School
1
Noel Street
Norman Street and Upper Heidelberg Road
Ivanhoe Girls Grammar
1
Oriel Road
Ford Street and Stanley Street
St Bernadettes Primary School
1
Plenty Road
Bent Street
St Damien's Primary School
1
Rattray Road
Wellington Street and Were Street
Montmorency Primary School
1
Rattray Road
Looker Road and Sylvan Street
Montmorency Primary School
1
Rosanna Road
Banyule Road
Banyule Primary School
1
Rosanna Road
Darebin Street
Heidelberg Primary School
1
Russell Street
Lower Heidelberg Road and Scotts Parade
Ivanhoe Grammar
1
Sharpes Road
Grimshaw Street and Cameron Parade
Watsonia North Primary School
1
Sherbourne Road
Gladstone Road and Beaconsfield Road
Briar Hill Primary School & Montmorency S.C
1
Sherbourne Road
Baldwin Avenue and Outlook Crescent
Sherbourne Primary School
1
Silk Street
Lower Plenty Road and Finlayson Street
St Martins of Tours Primary School
1
St Helena Road
Maxine Drive and Wallowa Road
St Helena S.C
1
Warncliffe Road
Lower Heidelberg Road and Veitch Street
East Ivanhoe Primary School
1
Waterdale Road
Alisa Grove and Lowe St
Ivanhoe Primary School
1
Watsonia Road
Nell Street and Princes Street
Watsonia Primary School
1
Weidlich Road
Cambrian Court and Street Clems Street
Holy Trinity Primary School
1
Ordinary Meeting of Council - 19 September 2016
4.7
SUPERVISED CHILDREN'S CROSSINGS cont’d
Page 49
4.7
Place – Sustainable Amenity and Built Environment
SUPERVISED CHILDREN'S CROSSINGS cont’d Winston Road
Lascells Avenue and Martins Lane
Viewbank Primary School
1
Wungan Street
Portree Street and Highview Crescent
Macleod College
1
Yallambie Road
The Grange and Elonera Avenue
Yallambie Primary School
1
Yarra Street
Hawdon Street and Cape Street
St Johns Primary School
1
Yarra Street
Lower Heidelberg Road and Cape Street
Our Lady of Mercy College
1
5.
Applies to VicRoads for subsidy of employing school crossing supervisors.
CITY PLAN This report is in line with Council’s City Plan key direction to “develop and promote safety and resilience in our community”. BACKGROUND Council is responsible for the installation of children’s crossing and for the employment of crossing supervisors. On a yearly basis, the State Government through VicRoads provides a subsidy to Council to offset part of the cost associated with the employment of supervisors at the crossings. Accordingly, Council submits an application for such subsidy at the end of each calendar year. The installation of infrastructure and employment of supervisors at children’s crossings is considered at locations where the number of children crossing, and the volume of traffic meet the required criteria. Children’s crossings may also be installed and supervised at sites where conditions on the road suggest that the risk for pedestrians crossing the road is high. The State subsidises the employment of crossing supervisors for sites that serve primary schools when the number of children crossing (minimum 20) multiplied by the number of vehicles (minimum 100) exceeds 5,000. For crossings close to secondary schools, the State provides a subsidy when the number of children crossing (minimum 20) multiplied by the number of vehicles (minimum 250) is higher than 25,000. Pedestrian and vehicle volumes are collected at every crossing at least every three years. The employment of supervisors at children’s crossings that fail to secure funds through the VicRoads’ scheme is managed in accordance to Council’s Crossing Supervisor Policy. At locations where numerical warrants are not met, the Policy states that Council may agree to continue funding up to 50% of the supervisor costs for three years when an agreement has been reached to fund the balance through non-Council sources.
Ordinary Meeting of Council - 19 September 2016
Page 50
Place – Sustainable Amenity and Built Environment
4.7
SUPERVISED CHILDREN'S CROSSINGS cont’d LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION This year, Council will need to submit an application for the 2017/18 children’s crossing supervision subsidy to VicRoads at the start of November 2016. There are currently sixty (60) children’s crossings, with one (1) site recently added. This year, three (3) children’s crossings did not meet the VicRoads warrants for the subsidy of supervisors. Table 1 summarises these sites and indicates, in two cases, Council’s previous resolutions on the provision of funds for supervision. Table 1. Children’s Crossing Sites not Meeting the Warrants for Subsidy Crossing Location
Name of School(s) Served
Pedestrian (P) and Vehicles (V) count
Reason for not meeting warrants for subsidy
Latest Resolution on Crossing Supervision
Watsonia Road Between Nell St and Princess St
Watsonia Primary School
P: 17 V: 941
Lower than required children crossing (20)
No resolution to date
Wungan Street between Portree St and Highview St
Macleod College
P: 8 V: 797
Lower than required children crossing (20)
30 November 2015 - Continue to fully fund on safety grounds the supervision of the children’s crossings
Lower than required vehicle numbers (100)
8 February 2016 - Continue to fund the supervision of the crossing on Fernside Avenue, Briar Hill, between Hyacinth Street and Outlook Crescent for the 2016 calendar year. - Following confirmation from VicRoads in regards to the provision of a subsidy for the supervision of the crossing on Fernside Avenue, Briar Hill, continue to fund the supervision of the crossing. - Inform Sherbourne Primary School in writing of this
Fernside Avenue between Hyacinth St and Outlook Cr
Sherbourne Primary School
P:56 V:66
Ordinary Meeting of Council - 19 September 2016
Page 51
4.7
Place – Sustainable Amenity and Built Environment
SUPERVISED CHILDREN'S CROSSINGS cont’d resolution.
Consistent with Council’s previous resolution for Wungan Street children’s crossing, Council should continue to fully fund the employment of supervisors at this site until the appropriate warrants are met. Similarly at Fernside Avenue Council should continue to fund the supervision of the crossing and apply to VicRoads for a subsidy for the supervision. WATSONIA ROAD, WATSONIA The supervised crossing is located at the signalised crossing just north of the Nell St West and Watsonia Road roundabout. Figure 1 indicates the exact location of the crossing.
Figure 1. – Watsonia Road Children’s Crossing Location Table 2 details the results of the three (3) most recent pedestrian and vehicle counts at this location. The number of vehicles at the crossing has reduced substantially from 1,751 to 941, however the number of pedestrians has reduced only slightly from 25 to 17 only just below the required count for the warrant. Table 2. Last pedestrian and vehicle counts – Watsonia Road, Watsonia
Ordinary Meeting of Council - 19 September 2016
Page 52
SUPERVISED CHILDREN'S CROSSINGS cont’d The proximity of the crossing to the roundabout compromises the safety of the pedestrians as motorists are observed accelerating as they exit the roundabout. The signalised crossing is also located at the commencement of the 50 km/hr zone. The crossing supervisor aids students who walk to and from Watsonia Primary School to the residential area west of Watsonia Road. In accordance with the Banyule School Crossing Supervisor Policy, should VicRoads not provide a subsidy for this location, it is considered that Council should continue to fund the provision of the supervisor at the site on road safety grounds. PLENTY ROAD, BUNDOORA, AT BENT STREET The supervised crossing is located at the signalised north-east slip lane of the intersection of Plenty Road and Settlement Road/Bent Street, approximately 200 metres from the entry gate to St Damian’s Catholic School. The crossing supervisor aids students who walk to and from the Yulong Reserve car park and the north side of Bent Street. Figure 1 indicates the exact location of the crossing in relation to the intersection.
Figure 1. Location of the supervised crossing on Plenty Road and Bent Street, Bundoora The supervised crossing is at the same location as the signalised crossing. Generally, signalised intersections provide one of the highest levels of safety for pedestrians. However, the speed at which vehicles travel through Plenty Road and enter the slip lane combined with the poor sightlines at the corner increase the risk of an incident at this location. This year the supervised crossing at the signalised north-east slip lane of the intersection of Plenty Road and Settlement Road / Bent Street, met the warrants, However, the safety concerns that were identified and brought to VicRoads attention last year, remain. As per the Council resolution on 30 November 2015 a letter was sent to VicRoads requesting the review of the safety issues related to the sightlines at the north-east slip lane. To date, no response from VicRoads has been received. It is advised that VicRoads continue to be informed about this matter.
Ordinary Meeting of Council - 19 September 2016
Page 53
4.7
Place – Sustainable Amenity and Built Environment
4.7
Place – Sustainable Amenity and Built Environment
SUPERVISED CHILDREN'S CROSSINGS cont’d
OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION On a yearly basis, the State Government provides a subsidy to Council to offset part of the cost associated with the employment of supervisors at children’s crossings. The State subsidises the employment of crossing supervisors for sites when a certain number of children crossing and a minimum number of vehicles use the crossing. Pedestrian and vehicle volumes are collected at every crossing at least every three years. This year, the following three (3) children’s crossings did not meet the warrants established by VicRoads for the subsidy of the employment of supervisors: 1.
Wungan Street, Macleod, between Portree Street and Highview Crescent;
2.
Fernside Avenue, Briar Hill; and
3.
Watsonia Road, Watsonia.
Council has previously made resolutions at Wungan Street and Fernside Avenue to fully fund the supervision of the children’s crossings and at Fernside Avenue to continue advocating to the State to fund a school crossing supervisor. It is proposed that Council also maintains the supervision at the Watsonia Road crossing on safety grounds in accordance with Council’s Crossing Supervisor Policy. Council will again write to VicRoads regarding safety concerns at the intersection of Plenty Road and Bent Street.
ATTACHMENTS No.
Title
1
Children's Crossing Counts 2016
Ordinary Meeting of Council - 19 September 2016
Page 303
Page 54
4.8
ST HELENA ROAD, GREENSBOROUGH PEDESTRIAN ACCESS TO ANTHONY BEALE RESERVE
Author:
Elissa Blake - Team Leader Traffic & Transport, City Development
Ward:
Beale
Previous Items Council on 18 March 2013 (Item 2.1 - St Helena Road, Greensborough Investigation into Pedestrian Crossing Facilities) Council on 27 June 2016 (Item 8.2 - Access to Anthony Beale Reserve) Council on 17 December 2012 (Item 9.3 - St Helena Road, Greensborough, and Karringal Drive - Anthony Beale Reserve - Safe Crossing Opportunities) EXECUTIVE SUMMARY This report has been written in response to a recent resolution to consider the possible installation of pedestrian crossing facilities in St Helena Road, Greensborough, near Anthony Beale Reserve. This matter has previously been raised by Council and a subsequent investigation undertaken. The investigation found that pedestrian count data obtained at this location did not meet the warrants for the installation of a signalised pedestrian crossing or zebra crossing. However, it is concluded that pedestrian crossing facilities would improve the safety of pedestrians, unlock the latent demand for a crossing within the local community and encourage walking to these facilities. Following this, the design and construction was included in the ten (10) year capital works program and is scheduled for consideration next financial year 2017/2018. RECOMMENDATION That Council consider allocating funds to design and construct safe pedestrian crossing infrastructure on St Helena Road, Greensborough, at the entrance to the Anthony Beale Reserve as part of future Capital Works Programs.
CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUND Council recently held an onsite community consultation meeting for the playground upgrade at Anthony Beale Reserve. The construction of an upgraded playground within the reserve is currently underway and it is proposed that the upgraded playground will be open for the community in the upcoming calendar year. During the community consultation meeting for the playground upgrade, the issue of a safe crossing point along St Helena Road near the entrance to Anthony Beale Reserve was again brought to Council’s attention.
Ordinary Meeting of Council - 19 September 2016
Page 55
4.8
Place – Sustainable Amenity and Built Environment
4.8
Place – Sustainable Amenity and Built Environment
ST HELENA ROAD, GREENSBOROUGH - PEDESTRIAN ACCESS TO ANTHONY BEALE RESERVE cont’d At its meeting 27 June 2016, Council resolved: “That a report be presented to Council to review the safety of vehicles and pedestrians accessing Anthony Beale Reserve, St Helena, from St Helena Road. The review should also include the consideration of a safe pedestrian crossing on St Helena Road, near the entrance to Anthony Beale Reserve.” At its meeting in December 2012 Council resolved: “That a report be prepared and considered by Council investigating the opportunities for safe pedestrian crossing of St Helena Road, Greensborough, between Karingal Drive and Anthony Beale Reserve.” This report was presented at its meeting held 18 March 2013, and Council resolved to: “Consider funding the installation of a refuge island, including the installation of kerb ramps and footpaths on both sides to link to the existing footpath on the south side and the service road and the access road on the north side, as part of the 10 year Capital Works Program.” Following this, the design and construction of safe pedestrian crossing infrastructure on St Helena Road, at the entrance to the Anthony Beale Reserve has been included in the ten (10) year Capital Works Program and is currently proposed to be funded in the next financial year (2017/2018). The main purpose of this report is to note that the design and construction of safe pedestrian crossing infrastructure on St Helena Road, at the entrance to the Anthony Beale Reserve is proposed for next financial year 2017/2018. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues. DISCUSSION The construction of the playground upgrade at Anthony Beale Reserve has again opened up discussions around the safety of pedestrians and vehicles accessing the reserve. A concept design proposal for the crossing has been developed to address pedestrian safety. The proposed design improves safety of pedestrians by breaking the crossing into two stages. Further, it includes the installation of kerb ramps and footpaths on both sides to link to the existing footpath on the south side, and the service road and the access road on the north side.
Ordinary Meeting of Council - 19 September 2016
Page 56
Place – Sustainable Amenity and Built Environment
4.8
ST HELENA ROAD, GREENSBOROUGH - PEDESTRIAN ACCESS TO ANTHONY BEALE RESERVE cont’d A concept plan of the proposal is provided as Attachment 1. It is proposed that existing lane widths will be maintained with a minimum median width of two (2) metres. This work is anticipated to cost around $40,000 and has previously been included into Council’s ten (10) year Capital Works Program (CWP) for future consideration to fund its construction. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION An investigation has previously been undertaken in relation to the safety of pedestrians when crossing St Helena Road, Greensborough to access Anthony Beale Reserve. This matter has again been brought to Council’s attention during consultation for the upgrade of the playground facilities at Anthony Beale Reserve. Since the previous investigation a concept design for pedestrian crossing facilities in the vicinity of the reserve has been developed. The design and construction has been included in the ten (10) year capital works program and scheduled for installation next financial year 2017/2018.
ATTACHMENTS No.
Title
1
Concept Design - Pedestrian Crossing Facilities
Ordinary Meeting of Council - 19 September 2016
Page 305
Page 57
5.1
COUNCIL MEETING DATES - 2017
Author:
Vivien Ferlaino - Governance Co-ordinator, Corporate Services
5.1
Participation – Community Involvement in Community Life
EXECUTIVE SUMMARY The Local Government Act 1989 requires Council to fix the dates, times and place of Council Meetings and to provide public notice of the Meeting schedule which requires 7 days notice of an Ordinary meeting or Special meeting. The dates and venues of Council Meetings are published in Council’s annual calendar, The Banner and the local Leader newspapers. A review of other Councils’ meeting structure schedules has occurred and it is proposed to move to a 3 weekly cycle. The proposed dates for 2017 are based on a meeting every 3 weeks and takes into consideration public holidays, the legislative requirements for the Budget & City Plan timetable, Election of Mayor, and the Australian Local Government Association (ALGA) conference. The purpose of this report is to consider and approve a schedule of meeting dates for the Council Meetings for 2017 and to commence Council meetings at 7.00pm. RECOMMENDATION 1.
That Council meetings commence at 7.00pm and the dates for 2017 be as follows: 30 January
5 June
16 October
20 February
26 June
30 October
14 March (Tuesday)
17 July
20 November
3 April
7 August
22 November (Mayoral Election)
24 April
28 August
11 December
15 May
18 September
CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”.
Ordinary Meeting of Council - 19 September 2016
Page 59
5.1
Participation – Community Involvement in Community Life
COUNCIL MEETING DATES - 2017 cont’d BACKGROUND Decision making is an important part of Local Government. Key decisions are made at Council Meetings. At Banyule, Council Meetings are held on Monday evenings generally on a fortnightly basis and are held in the Council Chambers at the Ivanhoe Service Centre. A Public Open forum commences at 7.30pm with Council Meetings scheduled to commence at 7.45pm. The public forum is consistently extended each meeting, with the Council meeting beginning at 8pm or later. A review of the proposed dates have been proposed to introduce a new meeting cycle (3 weekly) whilst maintaining a consistent meeting cycle where possible and avoiding clashes with Public Holidays. One meeting has been proposed for a Tuesday evening in March due to the Labour Day Public Holiday on the Monday. The Mayoral Election must be held after the 4th Saturday in October, but not later than 30 November each year. A meeting for the Mayoral Election in 2016 has been proposed for Wednesday 22 November 2017. LEGAL CONSIDERATION Section 83 of the Act provides for councils to hold ordinary meetings at which general business may be transacted and special meetings at which the business specified in the notice calling the meeting may be transacted. Section 89 requires meetings to be open to the public and other sections cover the conduct of meetings, validity of proceedings and minutes of meetings. Council’s Governance Local Law No. 2 and Meeting Procedures Code (2015) cover how the conduct of Banyule’s Council Meetings. Council can set how often it meets and provide notice in accordance with section 89(4). HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Council currently conducts an Ordinary Council meeting on a fortnightly basis. This creates a number of challenges for Councillors and Council staff. This ranges from time constraints to prepare the agenda and respond to Councillor and community requests. Benchmarking of several councils identified that many councils meet on a monthly basis with the majority commencing at 7.00pm. FUNDING IMPLICATIONS There are no funding implications of this recommendation.
Ordinary Meeting of Council - 19 September 2016
Page 60
Participation – Community Involvement in Community Life
5.1
COUNCIL MEETING DATES - 2017 cont’d DISCUSSION Information was obtained from other councils and how they structure their meetings, most of them, except one, meet monthly but also have committees of council. These committees of council are special committees under the Local Government Act 1989 and must include a delegation from Council. The same legislative requirements and meeting procedures apply to special committees as they do for Council meetings. Moving to a 3 weekly cycle would need to factor in other ways that the meeting process can be streamlined to ensure it continues to satisfy the public’s ability to engage and participate while not unnecessarily extending the length of the meetings. It is proposed to commence the public forum at 6.45pm with the Council meeting beginning at 7.00pm. Council will still have the ability to extend the public forum as it does currently. A review of public participation should also occur in future and consider the current review of the Local Government Act which places emphasis on democratic and representative councils and stronger citizen engagement. The Directions Paper on the Local Government Act Review currently proposes that councils include deliberative community engagement as a principle in the Act and include in the role of a councillor the requirement to participate in deliberative community engagement, leaving the method to be determined by each council. This process can be considered by the new Council following the Council 2016 Elections. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION Council currently conducts an Ordinary Council meeting on a fortnightly basis. Benchmarking of several Councils identified that many Councils meet on a monthly basis. To accommodate a three weekly cycle a review of processes and agenda items will need to occur. It is proposed that Council adopt a 3 weekly meeting cycle with meetings to commence at 7.00pm.
ATTACHMENTS Nil
Ordinary Meeting of Council - 19 September 2016
Page 61
6.1
CERTIFICATION OF THE FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE YEAR ENDED 30 JUNE 2016
Author:
Tania O'Reilly - Manager Finance & Procurement, Corporate Services
EXECUTIVE SUMMARY Council is required to complete and forward to the Minister for Local Government its Annual Report by 30 September 2016. The Council must not submit the financial statements or the performance statement to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the financial statements and performance statement. Council is required to produce audited Annual Financial Statements and a Performance Statement pursuant to the requirements and process outlined in the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014. The Financial Statements and Performance Statement form part of Council’s Annual Report 2015/16. The Financial Statements and Performance Statement are subject to external audit by the Victorian Auditor-General. The detailed audit of the Financial Statements and Performance Statement for the year ended 30 June 2016 was undertaken by an agent of the Victorian Auditor-General during August 2016. The Audit Committee held its meeting on 8 September 2016, to review the Financial Statements and Performance Statement for the year ended 30 June 2016. Following Audit clearance, the Audit Committee recommends to Council that it approves ‘in principle’ the Financial Statements and Performance Statement pursuant to Section 132 of the Act, prior to formal presentation to the Auditor General. In accordance with Section 134(2) of the Local Government Act 1989 a Public Notice will be placed outlining the: • •
availability of the Annual Report and Audit Reports for inspection, and meeting of Council on Monday, 17 October 2016 to consider the Annual Report.
It is recommended that the Annual Financial Statements and Performance Statement, be approved in principle and the Annual Report be forwarded to the Minister. RECOMMENDATION That Council: 1.
Approve in principle the Financial Statements and the Performance Statement for the year ended 30 June 2016.
Ordinary Meeting of Council - 19 September 2016
Page 63
6.1
Performance - Use Our Resources Wisely
6.1
Performance - Use Our Resources Wisely
CERTIFICATION OF THE FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE YEAR ENDED 30 JUNE 2016 cont’d 2.
Authorise its Councillor representatives on the Audit Committee, being Cr Garotti and Cr Langdon, and in either of their absence, Cr Di Pasquale and Cr Melican respectively, as substitutes to sign the Financial Statements and Performance Statement for the year ended 30 June 2016 in their final forms, after any changes recommended or agreed to by the Victorian Auditor-General, have been made.
3.
Upon receipt of the Victorian Auditor-General’s Audit Reports on the Financial Statements and Performance Statement, a report be prepared as soon as is practicable to consider and adopt the Annual Report 2015/16, inclusive of the Report of Operations, Financial Statements and Performance Statement.
4.
Forward a copy of the Annual Report 2015/16 to the Minister on or before 30 September 2016.
5.
Give Public Notice: a)
of the availability of the report of the auditor under Section 9 of the Audit Act 1994; and
b)
of the Annual Report to be considered at the Special Council Meeting on 17 October 2016.
CITY PLAN This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”. BACKGROUND Annual Report Council prepares a report for the community annually on the activities and financial performance of the organisation it is required by the Local Government Act 1989 to prepare this Annual Report. The Annual report comprises: • • •
Report of Operations – information about the operations of the Council. Performance Statement - audited results achieved against the prescribed performance indicators and measures. Financial Statements - audited financial statements prepared in accordance with the Australian Accounting Standards.
The Financial Statements and Performance Statement are subject to external audit by the Victorian Auditor-General and must be submitted to the Minister for Local Government within three-months of the end of the financial year. Section 132 of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014 require Council to:
Ordinary Meeting of Council - 19 September 2016
Page 64
CERTIFICATION OF THE FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE YEAR ENDED 30 JUNE 2016 cont’d 1) 2)
Pass a resolution giving its approval, ‘in-principle’, to the financial Statements and Performance Statement before they are submitted to the Auditor General. Authorise two Councillors, the Chief Executive Officer and the Principal Accounting Officer to certify the Financial Statements and Performance Statement in their final form, after any changes recommended, or agreed to, by the Auditor have been made.
The Performance Statement reports the audited results for 2015/16 for the prescribed indicators. In addition to the audited Performance Statement, the results for a range of other indicators are reported in the Report of Operations as part of the Annual Report. Prior to submission to the Minister the Financial Statements and Performance Statement are required to be audited by the Victorian Auditor-General. This audit was undertaken by the Victorian Auditor-General during August 2016. The annual report must contain the provisions set out in Section 131 of Local Government Act 1989 in respect of the financial year reported on. After the annual report has been submitted to the Minister, Council is required to give public notice, in accordance with Section 134(2) of the Local Government Act 1989, that the annual report has been prepared and can be inspected at the Council office and on the Council's internet website. The annual report incorporating the audited financial statements and performance statement are required to be certified by Council’s Principal Accounting Officer and by two Councillors on behalf of the Council prior to the Council’s Auditor signing the Audit Report. The annual report is then forwarded to the Minister by 30 September 2016. Audit Committee The Audit Committee held its meeting on 8 September 2016, to review the Report of Operations, Financial Statements and Performance Statement. Representatives from the agent of the Victorian Auditor-General’s Office attended the Audit Committee meeting on 8 September 2016 to provide the Audit Committee members with an overview and answer questions regarding the external audit. Subject to formal audit clearance by the Victorian Auditor-General’s Office, the Audit Committee recommends to Council that it approves the Financial Statements and Performance Statement ‘in principle’. Public Notice After the annual report has been submitted to the Minister, Council is required to give public notice that the annual report has been prepared and can be inspected at the Council office and on the Council's internet website. The public notice will be placed in ‘The Age’ newspaper and on Council’s website after the annual report is submitted to the Minister (prior to 30 September) to give the mandatory minimum fourteen (14) days’ notice in accordance with Section 134(2) of the Local Government Act 1989.
Ordinary Meeting of Council - 19 September 2016
Page 65
6.1
Performance - Use Our Resources Wisely
6.1
Performance - Use Our Resources Wisely
CERTIFICATION OF THE FINANCIAL STATEMENTS AND PERFORMANCE STATEMENT FOR THE YEAR ENDED 30 JUNE 2016 cont’d The notice will detail the availability of the Annual Report and Audit Reports for inspection and notice of the special meeting of Council on Monday, 17 October 2016 to consider the annual report. Public notice advertisements are also to be placed in the local newspapers. The document is to be available for inspection via Council’s service centres and website and at local libraries. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The Financial Statements and Performance Statement have each been: 1) prepared by Council staff, 2) reviewed by the Victorian Auditor-General’s Agent and 3) presented to the Audit Committee. Following the Audit Committee’s review and recommendation, Council is required to approve ‘in principle’ the Financial Statements and Performance Statement for the year ended 30 June 2016 which form part of Council’s Annual Report prior to submission to the Auditor-General.
ATTACHMENTS No.
Title
1
Report of Operations for the Year Ended 30 June 2016
306
2
Performance Statement for the Year Ended 30 June 2016
436
3
Financial Report for the Year Ended 30 June 2016
450
Ordinary Meeting of Council - 19 September 2016
Page
Page 66
6.2
6.2
Performance - Use Our Resources Wisely
ITEMS FOR NOTING
Authors: David Bailey - Transport Advocacy Manager, City Development, Theonie Tacticos - Team Leader Community & Social Planning, Community Programs Elissa Blake Traffic & Transport Team Leader
RECOMMENDATION That Council note the following: 1.
Response from the Hon. Jacinta Allen MP, Minister for Public Transport to the Mayor’s letter of 29 June 2016 regarding the Hurstbridge Line Upgrade – Lower Plenty Road Level Crossing Removal.
2.
Minutes from the Aboriginal & Torres Strait Islander Advisory Committee Meeting on 11 August 2016.
3.
Letter from the Chief Executive Officer VicTrack.
3.
The following Minutes or Reports are presented for noting: 1 .
Report/Committee Name:
Officer: Brief explanation:
Response from the Hon. Jacinta Allen MP, Minister for Public Transport dated 15 August 2016 regarding the Hurstbridge Line Upgrade – Lower Plenty Road Level Crossing Removal David Bailey Council at its meeting 14 June 2016 resolved (in part) the following: Resolution (CO2016/1) “That: 1. Council welcomes the State Government commitment to allocate $140m in the 2018/19 Budget for duplicating the Hurstbridge Rail line between Heidelberg and Rosanna including the grade separation of Lower Plenty Road and the railway line. However a number of matters need to be clarified: a)
b)
c)
Ordinary Meeting of Council - 19 September 2016
confirmation that no land acquisition is required for the duplication and grade separation including no impact on adjoining land and proposed developments; the measures to be introduced as part of the works to protect the amenity and construction impacts to nearby properties and the Rosanna Parklands; the form of the grade separation, in particular the alignment and whether the railway line or road will be built under or over (ie. elevated train line);
Page 67
6.2
Performance - Use Our Resources Wisely
ITEMS FOR NOTING cont’d d)
e)
f)
g)
h)
i) j)
k)
the urban design approach to the new railway station at Rosanna and its relationship between the Rosanna Shopping Centre at Beetham Parade, Lower Plenty Road and the emerging activity at Turnham Avenue. The connection of the activity centre is a critical element and consideration; the impact on bus services in Lower Plenty Road and Turnham Avenue with confirmation there will be no service interruptions during construction and the ongoing provision of enhanced services as part of a new bus interchange following completion of the project. Lower Plenty Road and Turnham Avenue are heavily utilised by various bus services; that all relevant authorities including VicRoads, VicTrack, the Level Crossing Removal Authority (LXRA) and relevant State Government Departments will work with Council and the Local Shopping Centre to reduce and minimise disruption to the businesses; that measures will be introduced to ensure resident access across the railway line and Lower Plenty Road are maintained during construction and into the future including the pedestrian crossing at Davies Street; the extent and length of time that Brown Street and Darebin Street will be closed (if at all) during the duplication; that local residents will be protected from noise impacts during construction; ongoing impact on Rosanna Parklands including the ability to retain trees and provide ongoing maintained landscaping and new tree planting; and detail on ongoing soundproofing to provide for noise amenity protection of residents which is designed to minimise graffiti.
2. Council write to: a)
the Premier, Minister for Transport and Major Projects as well as all local Federal and State Members seeking their response to these issues.�
Letters were sent to the Premier, Minister for Transport and Major Projects as well as all local Federal and State Members on 29 June 2016. Council has recently received a response from the Hon. Jacinta Allen MP, Minister for Public Transport, a copy of which is attached.
Ordinary Meeting of Council - 19 September 2016
Page 68
Performance - Use Our Resources Wisely
6.2
ITEMS FOR NOTING cont’d The Minister refers to the LXRA’s activities in developing the project and consultation with the local community. It is noted that the Macleod level crossing is not scheduled for removal. 2
Report/Committee Name: Officer: Brief explanation:
Aboriginal and Torres Strait Islander Advisory Group Theonie Tacticos The Aboriginal and Torres Strait Islander Advisory Committee met on Thursday 11 August at Barrbunin Beek, Olympic Park, West Heidelberg. The minutes from the meeting are in Attachment 1. The aim of the Aboriginal and Torres Strait Islander Advisory Committee is to provide Council with advice and information on issues facing the Aboriginal and Torres Strait Islander community and on the development and implementation of Council’s Aboriginal and Torres Strait Islander plan. Natashia Corrigan chaired the meeting. Cr Craig Langdon and Cr Jenny Mulholland attended the meeting. Four committee members attended the meeting, and one community member attended as a guest. There were no recommendations from the meeting.
3
Report/Committee Name:
Letter from VicTrack
Officer: Brief explanation:
Elissa Blake VicTrack have advised Council through the attached letter that funding will be provided for 101 additional car parking spaces and improvements to accessibility and safety at Watsonia Station.
ATTACHMENTS No.
Title
1
Letter from the Hon. Jacinta Allen MP, Minister for Public Transport
523
2
Aboriginal and Torres Strait Islander Advisory Committee Minutes 11 August 2016
525
3
State Government's Car Parking at Railway Stations Program
528
Ordinary Meeting of Council - 19 September 2016
Page
Page 69
6.3
BOLTON STREET, MONTMORENCY, UPGRADE
Author:
David Bailey - Transport Advocacy Manager, City Development
Ward:
Hawdon
6.3
Performance - Use Our Resources Wisely
EXECUTIVE SUMMARY Bolton Street, Montmorency, is located on the boundary between Nillumbik Shire Council and Banyule City Council. It is a council road jointly managed by both Councils, with maintenance provided under agreement by the Shire of Nillumbik. The State Government has allocated $10.2 million for improvements to Bolton Street and appointed VicRoads to manage the works. VicRoads has developed two options for consideration, however further information has been requested to enable a thorough assessment of the proposed improvement options. VicRoads is seeking Council approval to carry out improvements to Bolton Street and for VicRoads to be appointed the Coordinating Road Authority for construction. Council has advocated for many years for Bolton Street to be declared an Arterial Road under the Road Management Act (2004). VicRoads has indicated that Bolton Street does not meet its requirements for declaration. VicRoads has previously been requested to supply additional data supporting its decision, however this has not been received. Given that there are significant gaps in the provision of information, it is considered premature to form a view on the preferred option. RECOMMENDATION That Council: 1.
Confirm its previous request that VicRoads declare Bolton Street, Montmorency, a Main Road under its control and management;
2.
Receive a further report assessing the proposed options to improve Bolton Street; and
3.
Provide in-principle support to VicRoads to deliver the project.
CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND Bolton Street, Montmorency is located on the boundary between Nillumbik Shire Council and Banyule City Council. It is a Council road jointly managed by both Councils with maintenance provided under agreement by the Shire of Nillumbik. The
Ordinary Meeting of Council - 19 September 2016
Page 70
BOLTON STREET, MONTMORENCY, UPGRADE cont’d road is very undulating and generally has a two lane cross-section, with no formed kerbs or footpaths and has spoon drains. Bolton Street carries around 19,000 vehicles per day and is significantly congested during peak periods, traffic uses other Council roads to avoid the congestion. Council has advocated for Bolton Street to be declared a State arterial road under VicRoads control and management. Some State politicians also support VicRoads assuming responsibility for Bolton Street as an arterial road (including entries in Hansard). Council considered the declaration of Bolton Street in a package of arterial road advocacy proposals at its meeting on 24 August 2009 and resolved (in part):
“LOC.1 PROPOSED ARTERIAL ROAD PROJECTS Resolution Part 1 That the following list of important road safety, network operation improvement and bicycle/pedestrian projects on arterial roads within the municipality be adopted for the purpose of promoting and advocating the projects with VicRoads and the State Government: A.
Major Arterial Road Upgrades/Duplication A1.
Bolton Street - reclassification from Local Road to Arterial Road and reconstruction/widening.”
The State Government has allocated $10.2 million for improvements to Bolton Street and appointed VicRoads to manage the works. VicRoads has developed two options for the improvements. They include improvements along Bolton Street such as a truck ban, a permanent 50kph speed limit, a continuous median strip, low profile speed humps on side streets and a three-metre wide shared path on the western side of Bolton Street. The main differences are the intersection treatments of Bolton Street with Sherbourne Road, Grand Boulevard and Main Road. LEGAL CONSIDERATION Council is the joint legal manager of Bolton Street with Nillumbik Shire Council. To enable VicRoads to carry out the proposed improvement, VicRoads is seeking Council’s support to be appointed under Section 22 of the Road Management Act 2004 as the Coordinating Road Authority and Responsible Road Authority for Bolton Street during construction. VicRoads has assessed the operational characteristics of Bolton Street in accordance with VicRoads Guidelines for the Declaration of Arterial Roads and has decided not to declare the road. Council can exercise its option under Section 125 of the Road Management Act 2004 to dispute VicRoads assessment and write to the Minister for Roads asking for his consideration of this matter. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions.
Ordinary Meeting of Council - 19 September 2016
Page 71
6.3
Performance - Use Our Resources Wisely
6.3
Performance - Use Our Resources Wisely
BOLTON STREET, MONTMORENCY, UPGRADE cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. ADVOCACY Council resolved at its meeting on 24 August 2009 to advocate for Bolton Street to be reclassified from Local Road to Arterial Road, including reconstruction and widening. VicRoads has been regularly requested to declare Bolton Street an Arterial Road. TECHNICAL CONSIDERATION VicRoads has not provided sufficient information for Council to efficiently assess the traffic design and management implications of the project. Additional work is required to determine the appropriate design for the proposed intersection treatments, shared paths, kerbing, drainage and indented parking. There are concerns that the works will promote additional traffic to use Bolton Street which would be contrary to a local road function and not address the safety and congestion issues experienced on Bolton Street and the surrounding residential streets and that the works would make resident access more difficult. FUNDING IMPLICATIONS The proposed improvements are to be funded under the $10.2 million State Government funding commitment. The future maintenance and management of Bolton Street would revert to Nillumbik Shire Council and Banyule City Council following completion of the works. Consideration is required to address the future maintenance burden of any proposed options which include additional infrastructure. CONSULTATION VicRoads carried out community consultation drop-in sessions on the proposed improvements and received fifty-nine (59) responses. A total of 27 respondents (46%) indicated that they preferred Option 1 and 16 respondents (27%) preferred Option 2. Twelve (12) respondents supported neither option, four (4) respondents supported both options and four (4) respondents declined to indicate a preference. DISCUSSION VicRoads is seeking Council approval to carry out improvements to Bolton Street and for VicRoads to be appointed the Coordinating Road Authority for construction. VicRoads letter dated 6 September 2016 (Attachment 1) indicates that Bolton Street does not meet VicRoads requirements for declaration as an Arterial Road. The letter seeks Council’s agreement to the proposed Bolton Street improvements and approval for VicRoads to be appointed the Coordinating Road Authority for construction. VicRoads has developed two improvement options (Appendices 2 and 3) and has conducted community consultation in relation to these options. A table showing the difference between the options is provided in the attachment to VicRoads letter (Attachment 1). VicRoads is recommending Option 1 (Appendix 2).
Ordinary Meeting of Council - 19 September 2016
Page 72
Performance - Use Our Resources Wisely
6.3
BOLTON STREET, MONTMORENCY, UPGRADE cont’d While discussions have been held with VicRoads regarding the options, the detail of the information provided is considered insufficient for Council to form a view on the preferred option. Further information has previously been requested from VicRoads, however this has not been provided. Similarly VicRoads’ Declaration Review Report, upon which VicRoads based its decision that Bolton Street does not meet VicRoads requirements for declaration, is contested by both Councils. Detailed information supporting the Declaration Review report has previously been requested from VicRoads, however this has not been received. Given that there are significant gaps in the provision of information, it is considered premature to form a view on the preferred option. TIMELINES VicRoads has indicated that it is seeking Council’s early agreement to enable the works to be completed in 2018. Further information is required to be able to provide advice on the preferred option, this may impact on VicRoads program. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION VicRoads has not provided sufficient information for Council to form a view on the preferred option for the Bolton Street improvements. Similarly, additional information is required to evaluate the validity of VicRoads decision not to declare Bolton Street an Arterial Road. Given that there are significant gaps in the provision of information, it is considered premature to form a view on the preferred option.
ATTACHMENTS No.
Title
1
VicRoads Letter 2016-09-06
529
2
Bolton Street Option 1
533
3
Bolton Street Option 2
534
Ordinary Meeting of Council - 19 September 2016
Page
Page 73
6.4
ASSEMBLY OF COUNCILLORS
Author:
Kellie O'Shea - Senior Governance Officer, Corporate Services
6.4
Performance - Use Our Resources Wisely
EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) b)
the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.
In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1
Date of Assembly:
5 September 2016
Type of Meeting:
Councillor Briefing
Matters Considered:
Items on the Council Agenda for the Ordinary Meeting of 5 September 2016 as listed below: 1.1 1.2 2.1 2.2
2.3 4.1 4.2 4.3
4.4 5.1 6.1
Ordinary Meeting of Council - 19 September 2016
Central Kindergarten Enrolment - Priority of Access Petition for a pedestrian crossing - Turnham Avenue, Rosanna Age-friendly Banyule Policy Statement Jets Creative Arts Program - Options under the National Disability Insurance Scheme (NDIS) Nets Stadium - Court Resurfacing Award of Construction of Telfer Reserve Pavilion Contract No 0891-2016 Banyule Safe Travel Plan 2016-2026 Plannning Scheme Amendment C108 Heidelberg Central and Bell Street Mall Parking Overlays - Schedule 2 & 3 Urban Planning and Building Department Activity Report - January 2016 - July 2016 Victorian Local Governance Association (VLGA) Membership Amended Council Meeting Schedule for the Remainder of 2016
Page 74
6.4
Performance - Use Our Resources Wisely
ASSEMBLY OF COUNCILLORS cont’d 6.2 6.3 6.4
6.5 6.6 6.7 6.8 6.9
Review of the Meeting Procedures Code (2015) Councillor Expense & Resource Policy Contract No. 0893-2016 Audio Visual Equipment for Council Office at 1 Flintoff St, Greensborough Assembly of Councillors Local Government Act Review - Directions Paper and Submission Re-appointment of independent Audit Advisory Committee member Items for Noting Provision of Multifunction Devices and Related Products & Services
Councillors Present:
Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland
Staff Present:
Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communication Vivien Ferlaino – Governance Coordinator John Milkins – Acting Manager Transport, Sustainability and Municipal Laws
Others Present:
Nil
Conflict of Interest:
Nil
RECOMMENDATION That the Assembly of Councillors report be received.
ATTACHMENTS Nil
Ordinary Meeting of Council - 19 September 2016
Page 75
7.1
SEALING OF DOCUMENTS - LEASE RENEWAL - TENANCY 3 460 LOWER HEIDELBERG ROAD, HEIDELBERG
Authors:
Andrea Turville - Property Officer, City Development
Ward:
Griffin Ellen Kavanagh – Governance Officer
RECOMMENDATION That the Common Seal of the Banyule City Council be affixed to the following documents: 1.
The Deed of Renewal and Variation of Lease between Banyule City Council and Progression Group Services Pty Ltd and Banksia Partners Pty Ltd for the lease of Tenancy 3 460 Lower Heidelberg Road, Heidelberg, for the term of five (5) years commencing on 7 September, 2016.
2.
The Instrument of Authorisation for Domenic Petrilli.
The following documents require the affixing of the Common Seal of Council: 1
PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:
2
Banyule City Council and Progression Group Services Pty Ltd and Banksia Partners Pty Ltd Andrea Turville F2013/976 Deed of Renewal and Variation of Lease Tenancy 3 460 Lower Heidelberg Road, Heidelberg Griffin Council is the owner of the land and improvements situated at 460 Lower Heidelberg Road, Heidelberg (commercial building). Part of the commercial building, being 440m2 on the first floor (Tenancy 3) is currently leased to Progression Group Services Pty Ltd and Banksia Partners Pty Ltd (the Tenants). The five year lease provides for an option of a further term of five years. The Tenants have exercised their option to renew the current lease for the further term commencing on 7 September, 2016. A Deed of Renewal and Variation of Lease has been prepared to validate the Tenants’ entitlement to the further term. The proposal should be supported by Council formally ratifying the Deed by resolving to affix its Common Seal to the Deed of Renewal and Variation of Lease.
PARTY\PARTIES:
Banyule City Council
OFFICER: FILE NUMBER: DOCUMENT:
Ellen Kavanagh F2015/1774 Instrument of Authorisation
Ordinary Meeting of Council - 19 September 2016
Page 77
7.1
Sealing of Documents
7.1
Sealing of Documents
SEALING OF DOCUMENTS - LEASE RENEWAL - TENANCY 3 460 LOWER HEIDELBERG ROAD, HEIDELBERG cont’d BRIEF EXPLANATION:
A Council may appoint any person other than a Councillor to be an ‘authorised officer’ for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council. The appointment of authorised are generally made under the Local Government Act 1989. Officers who undertake the Statutory role of Planner and Planning Enforcement Officers require Authorisation pursuant Planning and Environment Act 1987. The appointment of Authorisation pursuant to the Planning & Environment Act must be made by Council. An authorised officer has the power to: • Demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed. • To enter land at any reasonable time and to enforce the Planning and Environment Act. The Instrument of Authorisation for Domenic Petrilli requires the Council Seal.
ATTACHMENTS Nil
Ordinary Meeting of Council - 19 September 2016
Page 78