Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 8 August 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 Confirmation of Minutes Ordinary Meeting of Council held 25 July 2016 Disclosure of Interests 1. Petitions Nil REPORTS: 2. People – Community Strengthening and Support Nil 3. Planet – Environmental Sustainability Nil 4. Place – Sustainable Amenity and Built Environment 4.1 Naming of Reserve in Ironbark Crescent, Ivanhoe..................................................3 4.2 Construction of a multi-level apartment building at 1 Vine Street, Heidelberg - P326/2016 ........................................................................................11 4.3 LaTrobe National Employment Cluster .................................................................31 4.4 Supreme Court Decision - 16 Odenwald Road, Eaglemont...................................36
AGENDA (Cont’d) 4.5
Proposed five to six storey apartment building at 15-17 Livingstone Street, Ivanhoe - P1244/2015 ..............................................................................43
5. Participation – Community Involvement in Community Life 5.1 Municipal Association of Victoria (MAV) - State Council Motions 2016 .....................................................................................................................53 5.2 Garage Sale Trail..................................................................................................57 6. Performance - Use Our Resources Wisely 6.1 Report on property transactions for the six months ending 30 June 2016 .....................................................................................................................61 6.2 Items for Noting ....................................................................................................65 7. Sealing of Documents 7.1 Sealing of Documents...........................................................................................69 8. Notices of Motion Nil 9. General Business 10. Urgent Business Closure of Meeting
Ordinary Meeting of Council - 8 August 2016
Page 2
4.1
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE
Author:
Nicola Rooks - Project Support Officer, City Development
Ward:
Olympia
4.1
Place – Sustainable Amenity and Built Environment
Previous Items Council on 9 May 2016 (Item 8.4 - Dedication and launch of new reserve celebrating Margaret Heathorn OAM) EXECUTIVE SUMMARY The development of the former Bellfield Primary School site at 229 Banksia Street, Ivanhoe (development site), provided for the creation of two reserves, which will vest in Council’s name on registration of Plan of Subdivision 733197P. Reserve No. 2, having an area of 794m2, will be known as 63 Ironbark Crescent and Reserve No. 3, having an area of 158m2, will be known as 10 Ironbark Crescent. At its meeting on 9 May 2016, Council considered and supported a Notice of Motion which suggested that one of the reserves be named to commemorate Margaret Heathorn OAM. Consistent with the Notice of Motion the local community was consulted on the naming proposal. Consultation closed on 21 July 2016. Two telephone calls were received both in support of the proposal. The Notice of Motion also requested an investigation as to the most appropriate location within the development site for the reinternment of a time capsule, discovered when the improvements on the development site were demolished. This report provides an overview of the consultation undertaken, which supports the suggested name of ‘Margaret Heathorn Park’ for one of the reserves, and provides options on the location of a gabion wall, which will provide for the reinternment of the time capsule. RECOMMENDATION That: 1.
Council confirms its intention to name 63 Ironbark Crescent, Ivanhoe, ‘Margaret Heathorn Park’ and undertakes to comply with the Office of Geographic Names and its guidelines to enact such naming.
2.
The local community be informed of Council’s intention to name 63 Ironbark Crescent, Ivanhoe, ‘Margaret Heathorn Park’.
3.
If objections are received in relation to the naming process, and within 30 days of such notification, a further report will be presented to Council.
4.
If no objections are received within 30 days of such notification, a submission be lodged with the Office of Geographic Names to formally name 63 Ironbark Crescent, Ivanhoe, ‘Margaret Heathorn Park’.
Ordinary Meeting of Council - 8 August 2016
Page 3
4.1
Place – Sustainable Amenity and Built Environment
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d 5.
Following registration of the name, and completion of landscaping works, one sign identifying the name of the park and an interpretive sign highlighting Margaret Heathorn’s life and commitment to the community be placed in the park.
6.
A gabion wall, which provides for the reinternment of time capsule, be constructed in the south eastern corner of 10 Ironbark Crescent, Ivanhoe, in a location that avoids any possible complications with nearby trees.
CITY PLAN This report is in line with Council’s City Plan key direction to “enhance Banyule’s public and open spaces”. BACKGROUND At its Ordinary meeting of 9 May 2016 Council considered a Notice of Motion, supporting the commemoration of Margaret Heathorn OAM. The Notice of Motion proposed a new park in the former Bellfield Primary School site at 229 Banksia Street Ivanhoe (development site) be named Margaret Heathorn Park. Council resolved: That a Report be presented to Council which considers: 1.
An appropriate event for the launch of the new park proposed to be located at the former school site at 229 Banksia Street, Ivanhoe which invites the local surrounding community, family of Margaret Heathorn OAM and home purchasers from the new development.
2.
The most appropriate location within the development site for the reinternment of the time capsule.
Launch Event A report regarding the launch event was presented to Council on 25 July 2016. Development site The development of the former Bellfield Primary School site provided for the creation of three reserves, two of which will vest in Council’s name on registration of Plan of Subdivision 733197P. • • •
Reserve No. 1 is an electrical substation. Reserve No. 2, having an area of 794m2, is located in the north-west corner of the development site and will be known as 63 Ironbark Crescent. Reserve No. 3, having an area of 158m2, is centrally located within the development site and will be known as 10 Ironbark Crescent. (See plan in Figure 1 for locations.)
Ordinary Meeting of Council - 8 August 2016
Page 4
Place – Sustainable Amenity and Built Environment
4.1
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d Park to be named Reserve No. 2 has frontage to Banksia Street and Ironbark Crescent and is the larger of the two parks on the development site. Reserve No. 3 is significantly smaller in scale and is situated within the core of the development site with lesser exposure. On this basis, it was deemed appropriate that Reserve No. 2 was more suited to commemorating the late Margaret Heathorn OAM. Name of Park The late Margaret Heathorn was a local Ivanhoe identity and a tireless community volunteer whose work spanned many decades. In 1955, she was a cofounder of the Austin Hospital’s spinal unit and in 1998, helped establish the Linlithgow Centre for Older Persons. She also showed great stewardship and mentored others, encouraging them to develop and grow to their full potential. Margaret Heathorn’s many achievements include: • • • • • •
Awarded an OAM for community work, including establishing the Linlithgow Centre for the Older Person in 1998. Co-founder of the Austin Hospital’s Spinal Unit with Dr Moon and Dr O’Rourke in 1955. President of the Heidelberg Warringal Lions Club from 2003-2006. A decade of support, from 2003 to 2013, for the Lions House Foundation, which provides accommodation for the families of rural and interstate patients receiving treatment at the Mercy Hospital for Women and Austin Health. Many years as Secretary and President of the Ivanhoe Garden Club. Co-presenting the Bud & Blossom Garden Show on 96.5 Inner FM Community Radio.
Time Capsule When demolishing the old school buildings on the development site a time capsule was discovered. The capsule was apparently buried in 1985 and was due to be opened in 2035.
Ordinary Meeting of Council - 8 August 2016
Page 5
4.1
Place – Sustainable Amenity and Built Environment
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d
Figure 1: Location of the two reserves CURRENT SITUATION Gabion Wall and Time Capsule An arboricultural assessment was undertaken to assist in determining the appropriate location for a gabion wall in which to reintern the time capsule. The assessment considers where the gabion wall will be best placed to minimizing the impact on existing vegetation and identified tree protection requirements. Consistent with Council’s resolution of 9 May 2016, consideration needs to be given to the most appropriate location within the development site for installation of a gabion wall that has the capacity to reintern the time capsule until 2035.
Ordinary Meeting of Council - 8 August 2016
Page 6
Place – Sustainable Amenity and Built Environment
4.1
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d
Figure 2: Proposed location options for gabion wall on Reserve No. 2, 63 Ironbark Crescent Ivanhoe
Figure 3: Proposed location for gabion wall on Reserve No. 3, 10 Ironbark Crescent Ivanhoe Options for Location of Gabion Wall and Time Capsule As indicated on the diagrams in Figures 2 and Figure 3 both reserves have vegetation that will require protection if and when undertaking any building and works. The proposal is therefore to identify a location suitable to construct a 5 metre long gabion wall in a location which avoids the complication of construction within tree protection zones. Having regard to avoiding tree protection zone complications, possible locations for the gabion wall are indicated in green on the diagrams in Figure 2 and Figure 3.
Ordinary Meeting of Council - 8 August 2016
Page 7
4.1
Place – Sustainable Amenity and Built Environment
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d Option 1: (Figure 2) There are two possible locations for the proposed gabion wall in the Reserve No. 2 – the new park – either close to Banksia Street or set back deep within the new park. The two locations avoid any possible complications with nearby trees. However, concerns have been raised as to whether the prominence of the gabion wall close to Banksia Street will attract more vandalism and if the gabion wall is set back too far off the street whether it may not be seen by the public. In addition the new park will also include two signs, one sign identifying the name of the park and an interpretive sign highlighting Margaret Heathorn’s life and commitment to the community. Option 2: (Figure 3) There is only one possible location for the proposed gabion wall in Reserve No. 3 the tree reserve – i.e. in the south east corner. This location avoids any possible complications with nearby trees. The attractiveness of this site to vandalism is considered less likely due to its close proximity to future residences. The time capsule to be reinterned in the gabion wall will provide future residents on the development site with some connection to the former school site. Also this location will be free of signage and items of interest. Preferred location It is considered that the gabion wall should be located in the south eastern corner of the tree reserve in the location shown in Figure 3 for the reasons stated above. LEGAL CONSIDERATION As outlined in the ‘Guidelines for Geographic Names 2010’ (Guidelines), Council is a naming authority responsible for the development of proposals to name or rename any feature, road or locality within its jurisdiction. Naming proposals must be consistent with these Guidelines. The Guidelines are a statutory document provided for under Section 5 of the Geographic Place Names Act 1998. The Registrar of the Office of Geographic Names (OGN) has the authority to approve, defer or reject naming proposals for entry in VICNAMES, the online register of Geographic Names. Once Council resolves to name any feature, road or locality then, in line with the Guidelines, the community must be informed and given a 30 day period to make any objection to the naming process undertaken by Council. After this period and considering any objections raised, Council can then make a submission to OGN to name the park.
Ordinary Meeting of Council - 8 August 2016
Page 8
Place – Sustainable Amenity and Built Environment
4.1
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d CONSULTATION Consistent with the Guidelines, the following consultation was undertaken on Council’s preferred name “Margaret Heathorn Park”: • • • • • • •
Meeting with the Heathorn family to obtain approval for the naming. Flyers (see Attachment 1) sent to 328 local residents and property owners. Flyer emailed to Stockland for forwarding to the purchasers of the new 81 dwellings within the development. Flyers sent to community organisations with whom Margaret Heathorn was associated. Public Notice in the Heidelberg Leader on 21 June 2016. Small article in the Heidelberg Leader on 28 June 2016. Information on Council’s website including a community consultation listing on the home page.
Council received two telephone responses both supportive of the proposed naming. Comments in favour of the proposal included, “Margaret was a wonderful worker in the community; the naming is well deserved”. As all response were in favour of the name proposed, Council is now in a position to proceed with the proposal to name 63 Ironbark Crescent Ivanhoe ‘Margaret Heathorn Park’. FINANCIAL IMPLICATIONS The owner of the development site, Stockland Developments Pty Ltd, has funded this initiative which includes the fabrication and installation of the proposed gabion wall and interpretive signage. Council’s contribution includes nominal administrative expenses and a public notice advertisement which is approximately $700. This contribution has been factored into Council’s 2016/17 Capital Works Budget. 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. 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.
Ordinary Meeting of Council - 8 August 2016
Page 9
4.1
Place – Sustainable Amenity and Built Environment
NAMING OF RESERVE IN IRONBARK CRESCENT, IVANHOE cont’d CONCLUSION Consultation with the local community indicates unanimous support for the naming proposal. As such Council should support naming 63 Ironbark Crescent ‘Margaret Heathorn Park’.
ATTACHMENTS No.
Title
1
Ivanhoe Development Site - Community Update - June 2016
Ordinary Meeting of Council - 8 August 2016
Page 72
Page 10
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016
Author:
Jackie Bernoth - Development Planner, City Development
Ward:
Griffin
EXECUTIVE SUMMARY It is proposed to construct a building extending to four storeys in height above a semi-basement car park on the site, which is located on the corner of Vine Street and Jika Street. The building will accommodate a total of 16 apartments, with 19 car parking spaces provided. The height of the building will exceed the guideline height outlined by the Design and Development Overlay by up to 4.2 metres, with the greatest height proposed at the eastern side of the Vine Street frontage. However, the site is included in the Residential Growth Zone and the proposed building is considered to respond appropriately to the neighbouring properties, the Warringal Village heritage area and the broader policy context. On this basis the proposal should be supported. RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P326/2016 for Construction of a multi-dwelling apartment building containing 16 dwellings at 1 Vine Street HEIDELBERG subject to the following conditions: Plans 1.
Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: Height modifications (a)
A reduction in the floor-ceiling height of the basement level by 300mm, as indicated on the plans submitted to Council on 14 July 2016;
Ordinary Meeting of Council - 8 August 2016
Page 11
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d (b)
A reduction in the height of the retaining walls at the street boundary to no more than 900mm within 2.5m of the proposed accessway to Jika Street, with a corresponding reduction in height of retaining walls along the remainder of this frontage and to Vine Street, as indicated on the amended plan submitted to Council on 14 July 2016, but modified to include a maximum retaining wall height of 900mm between the site frontage and the basement along the southern edge of the vehicle accessway.
Boundary setbacks (c)
Deletion of the terrace to Dwelling G.01 which is located within the Vine Street frontage setback;
(d)
Provision of a minimum setback of 3.0m from Vine Street to the terrace to dwelling G.06;
(e)
The provision of a setback of approximately 4.5m to Vine Street to the Dwelling 1.01 balconies; and of approximately 4.6m to Vine Street to the Balcony to Dwelling 2.1;
(f)
A reduction in the length of the canopy over the north-eastern façade of dwelling G.06 so that it does not extend over the living room window;
Vehicular access and entry: (g)
(h)
The provision of a minimum height clearance of approximately 2300mm to the basement, including the entry ramp and ramp gradients which comply with Clause 52.05 of the Banyule Planning Scheme. It is anticipated that this may be achieved by a reduction in the size of the roofed area of the basement and (i)
Providing a single ramp gradient of 1:10, with an increase in the finished floor level of the basement by 170mm; or
(ii)
Providing a ramp gradient of 1:10 for the first 5m into the property and 1:8m for the remaining length of the ramp, with an increase in the finished floor level of the basement by 140mm.
The provision of 60 degree radial turnouts to the proposed vehicular crossing;
Works in the road reservation (i)
The road reservation in Vine Street immediately adjacent to the site to be excavated such that the retaining wall previously built partially within the Vine Street road reservation is removed.
(j)
The provision of a footpath along the full length of the Vine Street frontage, connecting with the existing footpath within Jika Street;
(k)
The footpath in Jika Street adjacent to the site widened to accommodate the area between the site boundary and the kerb;.
Landscaping and tree protection (l)
A detailed landscape plan, generally in accordance with the plan submitted with the application, but providing: (i)
The size and soil volume of all planter boxes and details of any integration with the structural slab of the basement car park.
Ordinary Meeting of Council - 8 August 2016
Page 12
Place – Sustainable Amenity and Built Environment
(m)
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d (ii)
A schedule of all proposed trees and shrubs, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by surface materials as specified.
(iii)
Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.
(iv)
Details of how any climbing plants are to be secured to walls and then maintained.
(v)
Details of irrigation for plants within private courtyards.
(vi)
A notation indicating ‘Provision of street tree planting to the satisfaction of and at no cost to the Responsible Authority’.
The Tree Preservation Fencing in accordance with Condition 15 of this permit;
Services and facilities (n)
The location of air conditioning units and other services, which shall be communally located and screened to reduce noise and visual impacts to abutting properties and the area generally. Facilities are to be sited and designed so as to not effectively increase the height of the building as viewed from the immediately surrounding area, and to be unobtrusive when viewed from a greater distance
(o)
Detailed plans and elevations of any proposed service facilities within the frontage setbacks, including screening or other detailing to minimise the impact of the facilities upon the streetscape.
(p)
The provision of appropriate details to verify that at least three (3) dwellings are to incorporate compliance with Council's Liveable Housing Guidelines;
(q)
All sustainable design features indicated in the submitted SMP. Where sustainable design features outlined in the SMP cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc).
Additional plans and documents (r)
(s)
The Sustainable Management Plan (SMP) amended to incorporate: (i)
Details of the proposed heating and cooling facilities;
(ii)
Measures to discourage the use of clothes dryers.
Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i)
The use of an On-site Stormwater Detention (OSD) system;
(ii)
The connection to the Council nominated legal point of discharge;
Ordinary Meeting of Council - 8 August 2016
Page 13
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d (iii)
The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment and STORM report and include drainage details as a result of landscaping.
Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided. (t)
A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples. This is to include use of bluestone or similar to the retaining wall along the site boundary to the satisfaction of the Responsible Authority.
General 2. The use and development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority. 3.
4.
Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until: (a)
The Construction Management Plan required by Condition 5 has been submitted to, and approved by, the Responsible Authority.
(b)
The Section 173 Agreement required by Condition 14 has been entered into and registered on Title;
(c)
The tree protection measures required by Condition 15 are installed to the satisfaction of the Responsible Authority.
(d)
The Waste Management Plan required by Condition 17 of this permit has been submitted to and approved by the Responsible Authority.
Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).
Construction Management Plan 5.
Before the development starts, a Construction Management Plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: (a)
measures to control noise, dust and water runoff;
Ordinary Meeting of Council - 8 August 2016
Page 14
Place – Sustainable Amenity and Built Environment
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d (b)
prevention of silt or other pollutants from entering into the Council's underground drainage system or road network;
(c)
the location of where building materials are to be kept during construction;
(d)
site security;
(e)
maintenance of safe movements of vehicles to and from the site during the construction phase;
(f)
on-site parking of vehicles associated with construction of the development;
(g)
wash down areas for trucks and vehicles associated with construction activities;
(h)
cleaning and maintaining surrounding road surfaces.
Baffled lighting 6.
Outdoor lighting must be designed, baffled and located to the satisfaction of the Responsible Authority such that no direct light is emitted outside the boundaries of the subject land.
Urban Design / External Appearance 7.
All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.
8.
The walls of the development on the boundary of adjoining properties must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.
9.
Any walls or spaces accessible to the public must be treated in accordance with Safer Design and CPTED (Crime Prevention Through Environmental Design) Principles. Where appropriate the following measures must be implemented to the satisfaction of the Responsible Authority:
10.
(a)
textured or rough services that make it difficult to apply graffiti;
(b)
permeable fencing instead of solid walls;
(c)
buildings with high-density, low absorbency materials;
(d)
anti-graffiti coating to protect the surface when building or revitalising the walls (including façade);
(e)
sensor lighting and/or enhanced surveillance to deter graffitists;
(f)
the break up of large surfaces to minimise the canvas available for graffitists; and
(g)
measures to make surfaces less liable to graffiti.
The permit holder/occupier must promptly remove or obliterate any graffiti on the subject site which is visible to the public and keep the site free from graffiti at all times to the satisfaction of the Responsible Authority.
Ordinary Meeting of Council - 8 August 2016
Page 15
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Car Parking / Access 11.
Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all-weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.
12.
Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
13.
Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council's Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
Section 173 Agreement 14.
Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of the development hereby permitted, the owner/s of the land at 1 Vine Street, Heidelberg must enter into an Agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority which requires that: Parking Provision for Residential Apartments (a)
The owner acknowledges that and will bring to the attention of all tenants of the subject site that there should be no expectation of obtaining permanent car parking, whether or not, in the vicinity of the development hereby approved and that there will be no entitlement to on street parking by way of parking permits. Tenants are encouraged to utilise alternative means of transport or park within existing parking restrictions.
Waste Collection (b)
The owner acknowledge that all refuse and recycling collection will occur by way of a private contractor in accordance with the approved Waste Management Plan.
A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner.
Ordinary Meeting of Council - 8 August 2016
Page 16
Place – Sustainable Amenity and Built Environment
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Tree Protection / Landscaping 15.
Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Trees 1 and 10. You must contact Council’s Development Planning Arborist on 9457 9808 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)
Extent Tree Preservation Zones are to be provided to the extent of the identified Tree Protection Zone of: • •
Tree 1 within the Vine Street road reservation; and The Pittosporum hedge (Tree 10) at 3 Vine Street where it is located within the site.
The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority. (b) Management of works (i)
A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.
(ii)
All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken by, or directed and supervised by, a suitably qualified arborist for endorsed works or for works subsequently approved by the Responsible Authority.
(c) Fencing (i)
Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.
(ii)
The fences must not be removed or relocated without the prior consent of the Responsible Authority.
(iii)
Canopy and Limb protection must be provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.
(d) Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.
Ordinary Meeting of Council - 8 August 2016
Page 17
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d (e)
(f)
Irrigation The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site). Access to Tree Preservation Zone (i)
(ii)
(iii) (iv) (g)
No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and refuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.
Underground services Any underground service installations transecting a Tree Protection Zone of any retained tree must be bored beneath the entire TPZ to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be: (i) Undertaken after written approval is received from the Responsible Authority; and, (ii) Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.
NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within a Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: • Any further works that are approved are to be supervised by the project arborist, and a written component may be required also; •
All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques; • Canopy and Limb protection is provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites. Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.
Ordinary Meeting of Council - 8 August 2016
Page 18
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d 16.
Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.
Waste Management 17.
Prior to the commencement of development, a Waste Management Plan must be submitted to and approved by the Responsible Authority. Such plan must specify that collection is to be by way of private contractor and detail: (a)
The location and dimensions of waste areas and allocation for commercial and residential waste.
(b)
The number of bins to be provided and capacity.
(c)
Details of method and frequency of cleaning and maintenance of waste areas.
(d)
Details of ventilation.
(e)
Details of unwanted goods storage.
(f)
Method of waste and recyclables collection including the need to provide for private waste collection services.
(g)
Hours of waste and recyclables collection.
(h)
Measures to minimise impact upon local amenity.
(i)
Method of presentation of bins for waste collection.
(j)
Strategies for how the generation of waste and recyclables from the development will be minimised.
When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 18.
The waste bin area must be provided prior to the commencement of the use permitted by this permit, maintained and used to the satisfaction of the Responsible Authority and must not be used for any other purpose.
19.
No receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare except during collection. Odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land, to the satisfaction of the Responsible Authority.
Time Limits 20.
In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: (a)
The development is not commenced within two years of the date of this permit;
(b)
The development is not completed within four years of the date of this permit.
Ordinary Meeting of Council - 8 August 2016
Page 19
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)
Before the permit expires, or
(b)
Within six months afterwards, or
(c)
Within 12 months afterwards if the development started lawfully before the permit expired.
PERMIT NOTES (A)
Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.
(B)
Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority. Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit). Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for: •
A “Memorandum of Consent for Works” for any works within the road reserve; and/or
•
A “Drainage Connection Permit” for any works other than within a road reserve.
Ordinary Meeting of Council - 8 August 2016
Page 20
Place – Sustainable Amenity and Built Environment
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Asset Inspection Fee Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222. (C)
Ongoing restrictions Tree Protection Zones Requests for the consent or approval of tree protection measures pursuant to Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: •
Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;
•
All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;
•
Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.
Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. (D)
Action on/for completion Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Dwelling G.01 Dwelling 1.01 Etc.
Apartment G.01, 1 Vine Street, Heidelberg Apartment 1.01, 1 Vine Street, Heidelberg
Ordinary Meeting of Council - 8 August 2016
Page 21
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc) The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc) shall comply with the Environment Protection (Residential Noise) Regulations 2008. Prohibited times of use (if audible from a habitable room of a neighbouring property) as specified by the Regulations are: Monday to Friday before 7am and after 10pm Weekends and public holidays before 9am and after 10pm. The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) must not cause a nuisance pursuant to the Public Health and Wellbeing Act 2008. A nuisance may include issues such as noise, odour or any other thing deemed to be a nuisance under the Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) is not located within close proximity to neighbouring properties and where practicable, enclosed.
Planning Permit Application:
P326/2016
Development Planner:
Mrs Jackie Bernoth
Address:
1 Vine Street HEIDELBERG
Proposal:
Construction of a multi-dwelling apartment building containing 16 dwellings
Existing Use/Development:
Dwelling
Restrictive covenant:
Nil
Applicant:
ArdenSiena
Notification (Advertising):
Two signs on site Notices to surrounding properties
Objections Received:
Two
Ward:
Griffin
Cultural Heritage Management Plan (CHMP) required:
Yes, provided
Conflict of Interest:
In accordance with Section 80C of the Local Government Act 1989, the report officer has no conflict of interest to disclose in relation to this application.
Planning controls:
Control Residential Growth Zone (RGZ1) Significant Landscape Overlay (SLO1) Heritage Overlay (HO6) Design and Development Overlay (DDO5) Clause 52.06: Car parking Clause 52.34: Bicycle facilities
Ordinary Meeting of Council - 8 August 2016
Permit triggered? Yes Yes Yes Yes No No
Page 22
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Policies considered:
Clause 11: Settlement Clause 12: Environmental and Landscape Values Clause 15: Built Environment and Heritage Clause 16: Housing Clause 21.04: Land Use Clause 21.05: Natural Environment Clause 21.06: Built Environment (Diversity area) Clause 22.03: Safer Design Policy
Current amendments:
Amendment C108
The proposal incorporates the demolition of all existing structures and removal of all vegetation on the land and the construction of a five level apartment building. The building will have four residential levels, accommodating two single-bedroom dwellings and fourteen two-bedroom dwellings. Each of the dwellings will be provided with a single parking space, with an additional three visitor parking spaces proposed. All car parking will be within a basement level car park with access from Jika Street. Open space areas vary significantly in area, from 11.4m2 to 48.0m2 balconies, and ‘ground’ level spaces (elevated up to 3.7m above street level) of between 16.4m2 and 40.9m2. The plans assessed in this report are the amended plans (received by Council on 14 July 2016). These differ from the advertised plans in that: •
The overall height of the building has been reduced by 300mm;
•
The retaining wall on Jika street has been lowered to create a tiered effect
The applicant also indicates that they are willing to install car stackers, although these are not indicated on the plans supplied. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY Planning application P948/2015 was received in relation to the site on 21 September 2015. In requesting additional information, including a Cultural Heritage Management Plan, Council both outlined extensive concerns with the proposal and offered that the application should be withdrawn and re-lodged once a CHMP had been obtained. The application was withdrawn on 16 November 2015.
Ordinary Meeting of Council - 8 August 2016
Page 23
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d The current application was lodged, with minimal design changes, on 23 March 2016. Council determined that additional information was required, and requested this on 25 April 2016. This letter also outlined a number of concerns with the application. Detailed assessment of the proposal and discussions with the applicant in relation to modifications to the proposal since the conclusion of public notification have indicated that these concerns can be addressed by permit condition. In particular, modifications have been sought to the building to ensure that landscaping is more prominent in the streetscape, and in particular the Jika Street frontage and changes to the presentation of the building to the intersection when approached from the south. LEGAL CONSIDERATION The process for considering a Planning Permit matter and the decision by Council must be in accordance with the relevant provisions of the Planning and Environment Act 1987. In this case compliance with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987 is relevant. SUBJECT SITE AND SURROUNDING AREA Vine Street has a varied character, where newer double – five storey buildings with flat/low pitched roofs and rendered wall surfaces contrast with older single storey buildings with hipped and tiled roof forms. Whilst the newer development on the north-western side of the street does vary significantly in the number of storeys accommodated, this is partially disguised in the streetscape by the topography of the street, where the tallest building is closest to the river, where the land slopes away. The large trees within the naturestrip and adjoining parkland (supplemented by planting of trees and fastigiate shrubs on private land, most significantly the palm and oak on the subject site and the pittosporum hedge at No.3) contributes significantly to the character of the neighbourhood.
Ordinary Meeting of Council - 8 August 2016
Page 24
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d As indicated by the above photo, which includes contours at 1m intervals, the site is elevated above both Vine Street and Jika Street. Boundary lines are blurred, with a retaining wall constructed along the Vine Street frontage located partially within the road reservation, and a steep embankment on the Jika Street frontage being partially road reservation and partially land included within the site’s title. The existing dwelling appears to date from the early inter-war period, and is listed in the Heritage Guidelines for the Warringal Village as being a contributory building within the Heritage Area. Vegetation on site includes an Algerian Oak and a Canary Island Palm tree. Site area Subject to flooding?
814m2 No
PUBLIC NOTIFICATION It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting two signs on the site and posting notices to the owners and occupiers of surrounding properties. To date two objections have been received. Grounds of objection are summarised as follows: •
Visual bulk to 5/4 Jika Street;
•
Overshadowing of windows of 5/4 Jika Street;
•
Overlooking of open space and windows at 5/4 Jika Street;
•
Loss of ambience associated with a treed outlook for 5/4 Jika Street;
•
Pedestrian access along Vine Street is difficult, and a footpath should be provided along both sides of the street. The issue may be exacerbated during construction;
•
Access into Vine Street from the south is difficult at present, and the proposal may make the intersection more dangerous;
•
A keep clear zone at the intersection of Vine and Jika Street may address the existing difficulties of residents;
•
Request that construction vehicles and materials do not obstruct the intersection of Vine and Jika Streets.
REFERRAL COMMENTS Advice received from Council’s Engineering and Waste Management Sections, as well as its Heritage Adviser and Landscape Consultant is outlined in Attachment 1. Of significance: •
Council’s Heritage Adviser indicates that the existing building on the site was constructed after the identified period of significance of the Warringal Village estate, reducing its heritage significance.
•
The Traffic and Transport Engineering Section indicates that the proposed parking provision is acceptable, and that with minor modifications concerns in relation to access to the site can be addressed.
Ordinary Meeting of Council - 8 August 2016
Page 25
4.2
Place – Sustainable Amenity and Built Environment
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d •
Council’s Waste Management section advise that on-street waste collection is not practical, and that private collection will be required.
•
The Landscape Consultant has raised concerns in relation to the practicality of the proposed landscaping.
PLANNING CONTROLS A planning permit is required for the demolition of the existing buildings on the site and the construction of the proposed building. No planning permit is required for the proposed vegetation removal. It is noted that the Residential Neighbourhood Character Policy does not apply in the Residential Growth Zone. Amendment C108 is currently on exhibition, and seeks to introduce a Parking Overlay onto the site. If incorporated into the Planning Scheme, the Overlay will reduce the statutory parking requirement for the proposal from 19 spaces to 15 spaces. The proposal meets both requirements. ABORIGINAL HERITAGE – CULTURAL HERITAGE MANAGEMENT PLAN The proposed site is within an area of cultural heritage sensitivity due to its proximity to the Yarra River and the proposal is classed as a high impact activity due to the number of dwellings proposed, therefore either an approved Cultural Heritage Management Plan (CHMP) is required to be submitted or sufficient evidence of significant ground disturbance must be demonstrated. The applicant has provided a CHMP. It is noted that the party preparing the CHMP makes reference to an earlier set of plans, and indicates a basement site coverage of 55%, as opposed to the 80% now proposed. The applicant has provided clarification from the author of the CHMP that this does not alter their findings. TECHNICAL CONSIDERATION Key issues for the assessment of the application are: •
Response to the policy framework
•
Built form
•
Landscape and vegetation impacts
•
Topography and works within the road reservation
•
Car parking, bicycle provision and vehicle access
•
ResCode compliance
RESPONSE TO POLICY FRAMEWORK A key consideration of the policy context is the suitability of the proposed demolition, the response of the building to the Heritage Overlay, and the relative weight to be given to the competing objectives of the zone and the various overlay controls which affect the site.
Ordinary Meeting of Council - 8 August 2016
Page 26
Place – Sustainable Amenity and Built Environment
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d Demolition The advice received from both Council’s Heritage Adviser and the applicant’s Heritage Consultant is that the existing dwelling on the land does not contribute significantly to the historic significance of the Warringal Village and that its demolition will not result in a reduction of that significance. In this instance, given this advice, the age of the building, and that it is not visible in conjunction with any other building outlined as being significant, it is considered that its demolition is acceptable. Development outcome The proposed development has struck an appropriate balance between competing State and Local Planning Policies, and the competing objectives of the Residential Growth Zone and the various Overlay controls applying to the land. Although the building is higher than both the abutting development and the height anticipated by the Design and Development Overlay, it is considered to be acceptable in light of the site’s location in proximity to services and within the Residential Growth Zone. BUILT FORM Both the Residential Growth Zone (introduced in July 2014) and the Design and Development Overlay (introduced in November 2010) anticipate development of the site with multi-level residential development, the key difference being that the former anticipates that a development of up to four levels may be appropriate, whilst the latter anticipates development of up to three levels. Having regard to the: •
Objectives of the Zone, which include “To provide housing at increased densities in buildings up to and including four storey buildings”;
•
An assessment of the proposal against the Heritage Guidelines for the Warringal Village (Attachment 2)
•
The surrounding development, which includes construction of up to 5 storeys in height;
•
The articulation of the proposed building and use of materials to provide interest to the façade and reduce the bulk associated with it;
•
Measures taken to minimise the impact of the elevation of the site and its slope on the streetscape; and
•
The flat roof of the proposal;
It is considered that the height and form of the proposed building is acceptable. LANDSCAPING AND VEGETATION IMPACTS It is noted that no planning permit is required for the proposed removal of non-native trees from the site, including the Oak and the Palm which have been identified by the applicant’s arborist as being of high retention value. Whilst these trees currently contribute significantly to the character of the surrounding area, it is acknowledged that their siting ensures that any redevelopment of the site will require their removal.
Ordinary Meeting of Council - 8 August 2016
Page 27
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d It is considered that whilst the built form of the proposal is significant, its location assists in ensuring that it will not be highly visible from the parkland along the Yarra River, and consequently will not detrimentally impact upon the views or landscape qualities of the River environment. Space provided for landscaping along the north-eastern boundary is not extensive, however the proposed columnar tree planting adjacent to the boundary will complement the existing hedge planting on the adjoining property, and provide softening of the interface between the two sites. Planting of evergreen canopy trees within the frontage setback, as well as an additional street tree, will also assist in screening view of the building from Vine Street. Space for planting along the north-western boundary is restricted to planter boxes above the basement, and lower vegetation can be anticipated as a result. Whilst this will result in a change in outlook for the adjoining dwelling, it is not considered to result in a significant change to the character of the surrounding area, and will not be apparent from the River environs. The comments of Council’s Landscape Consultant in relation to the likely future growth potential for trees proposed are noted, and the presentation of the building to both Jika Street and to the intersection as approached from Dora Street have been the subject of some discussion with the permit applicant. In response to these concerns, and a need to provide an appropriate landscape setting for the building, the applicant has supplied amended plans that lower the building by 300mm (achieved through a reduction in the floor-ceiling height of the basement) and a stepping of the level difference between the main body of site and the adjoining footpath will have the impact of softening the interface of the development with the street, allowing landscaping to become more prominent in the streetscape. TOPOGRAPHY AND WORKS WITHIN THE ROAD RESERVATION It is anticipated that the proposal will necessitate modification to levels within the road reservation, including the removal of a retaining wall which appears to have been built within the road reservation without Council approval, and stabilisation of the Jika Street naturestrip. The elevations supplied, whilst indicating that they show ‘ground level at the site boundary’ in fact indicate the height of the building and associated retaining walls above footpath level in Jika Street. This is considered to be appropriate, and it is also considered appropriate that the naturestrip adjacent to the site be graded to match footpath level as part of redevelopment of the site, with the area concreted to the satisfaction of Council, so that the footpath width matches the remainder of Jika Street. As identified by the Heidelberg Structure Plan, the route between the Main Yarra Trail to and along Burgundy Street is a significant pedestrian route within the Heidelberg Centre. At present there are no footpaths in Vine Street, however. The proposal provides additional dwellings facing Vine Street, with the pedestrian entry to the building being on this frontage, and it is considered to be appropriate to require the applicant to provide a footpath in Vine Street for the length of their site to provide appropriate access for residents and visitors and contribute to an improvement of more general pedestrian amenity.
Ordinary Meeting of Council - 8 August 2016
Page 28
Place – Sustainable Amenity and Built Environment
4.2
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d CAR PARKING, BICYCLE PROVISION AND VEHICLE ACCESS Council’s Traffic engineers have confirmed these issues as being problematic, and also advised that the proposed 12.5% slope to the driveway access ramp is not appropriate from a pedestrian or vehicle safety perspective. These matters could be addressed through a minor modification to the car park design, although it may be necessary to raise the floor level of the car park in order to address the ramp gradient. The proposed reduction in floor-ceiling height within the basement impacts upon height clearances upon entrance to the site. Whilst the advertised plans indicate a clearance of 2.1m, with this also being the height of a refuse truck, the amended plans will reduce this by 300mm. Neither is practical, and as a result it will be necessary to modify access to the site to ensure appropriate access is maintained. The changes required, however, are minor in nature and are readily included as permit conditions. RESCODE COMPLIANCE An assessment against the provisions of Clause 55 (ResCode) of the Banyule Planning Scheme has been undertaken and is included as Attachment 3 to this report. Subject to the modifications outlined in the attachment, the proposal complies with all objectives of the Clause, including objectives relating to the amenity of adjoining residents. Variations remain in relation to the following Standards: •
Standard B6 (Street setback)
•
Standard B8 (Site coverage)
•
Standard B17 (Side and Rear setbacks)
•
Standard B28 (Private Open Space)
These variations are considered to be acceptable, as outlined in the Attachment. OBJECTORS’ CONCERNS The majority of objectors’ concerns have been addressed in the attached ResCode assessment, however the following require further discussion: Pedestrian access Whilst the provision of footpaths adjacent to the site is considered to be appropriate, and can be required by permit condition. It is not considered to be appropriate to require the applicant to provide a footpath along the remainder of Vine Street. Council may consider such a provision as part of its future budget considerations. Impact upon Vine Street and Jika Street intersection As the proposal incorporates all vehicular access, including visitor parking access, from Jika Street, it is considered unlikely that it will result in an increase in traffic hazard or congestion at the intersection of Vine Street and Jika Street. Construction vehicles are required to park lawfully, and obstruction of the intersection by such vehicles or construction materials would not be appropriate.
Ordinary Meeting of Council - 8 August 2016
Page 29
4.2
Place – Sustainable Amenity and Built Environment
CONSTRUCTION OF A MULTI-LEVEL APARTMENT BUILDING AT 1 VINE STREET, HEIDELBERG - P326/2016 cont’d CONCLUSION The proposed development has struck an appropriate balance between the competing objectives of the relevant State and Local Planning Policies. A high level of compliance with Clause 55 of the Banyule Planning Scheme can be achieved, as detailed within the attachment to this report. As such, the application should be supported.
ATTACHMENTS No.
Title
1
1 Vine Street HEIDELBERG - Background information
74
2
1 Vine Street HEIDELBERG - Assessment against Heritage Guidelines
83
3
1 Vine Street HEIDELBERG - Assessment against Clause 55
85
4
1 Vine Street HEIDELBERG - Plans
93
Ordinary Meeting of Council - 8 August 2016
Page
Page 30
4.3
LATROBE NATIONAL EMPLOYMENT CLUSTER
Author:
David Cox - Strategic Planning Co-ordinator, City Development
4.3
Place – Sustainable Amenity and Built Environment
Previous Items Council on 11 July 2016 (Item 8.1 - The importance of Darebin Creek for the LaTrobe National Employment Cluster) EXECUTIVE SUMMARY The Metropolitan Planning Authority (MPA) is preparing a planning framework for the LaTrobe National Employment Cluster, with a focus on job opportunities and business growth. An ideas brochure has been released. The MPA’s brochure is an opportunity for Council to acknowledge the progress made, make requests for the final planning framework and explore future work with the MPA for the Heidelberg West Industrial Estate and Heidelberg Activity Centre.
RECOMMENDATION That the Mayor write to the Minister for Planning to give Council’s response to the Metropolitan Planning Authority’s (MPA) June 2016 ideas brochure for the LaTrobe National Employment Cluster. The letter would: 1.
Acknowledge the MPA’s progress towards a planning framework for the cluster.
2.
Request the Cluster’s future framework consider: 2.1
Connections: North-East Link as a direct orbital to Eastlink at Ringwood; prioritised movement and improved public transport across the cluster; redeveloped Heidelberg railway station for modal interchange and hospitals access; new walking and cycling access over the Yarra River into the Cluster and grade separation for the Hurstbridge railway line in Macleod.
2.2
Businesses: Vision for Heidelberg West Industrial Estate and broadband access; better environmental sustainable development; redeveloped Heidelberg railway station to support commercial, medical and allied industries.
2.3
Homes: Precinct planning for housing change in Heidelberg West; promote innovative housing models and refresh the Heidelberg Structure Plan for priority places.
2.4
Facilities and Spaces: Recognise aboriginal cultural heritage and environmental attributes for waterways (with a focus on Darebin Creek); improved sporting facilities; government leadership for schools to work with councils for access to play spaces and investing in the Olympic Village Learning Hub.
Ordinary Meeting of Council - 8 August 2016
Page 31
4.3
Place – Sustainable Amenity and Built Environment
LATROBE NATIONAL EMPLOYMENT CLUSTER cont’d 3.
Seek discussion with the MPA to explore future planning for the Heidelberg West and Heidelberg Activity Centre Precincts in the Cluster.
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 Victorian Government’s metropolitan planning strategy, Plan Melbourne, has a land use and transport planning policy concept for National Employment Clusters. In the metropolitan Melbourne’s north-eastern region the LaTrobe National Employment Cluster (the Cluster) is in parts of Darebin and Banyule. The MPA has been working with the cities of Darebin and Banyule, as well as Austin Health and LaTrobe University, to develop a land use and transport planning framework for the Cluster. As a step towards this framework, the MPA has launched some key ideas in a brochure for consultation with businesses. The MPA’s brochure is in Attachment 1, and has the following vision: The Cluster will evolve as an attractive area of diverse businesses, world class institutions and services in the north eastern region that generate strong economic productivity and social investment. Four key areas in the Cluster will be accessible within an easy commute of the residential neighbourhoods within and around the Cluster. The four key areas in the Cluster are in Heidelberg, Northland, LaTrobe University and industrial land the Heidelberg West. These are shown below.
Ordinary Meeting of Council - 8 August 2016
Page 32
Place – Sustainable Amenity and Built Environment
4.3
LATROBE NATIONAL EMPLOYMENT CLUSTER cont’d
Figure 1: Investigation Area for the LaTrobe NEC
CONSIDERING THE MPA’S IDEAS BROCHURE Input to the MPA’s work has been informed by Council’s strategic direction in the City Plan, Banyule Planning Scheme and the Integrated Transport Strategy. This has revealed an opportunity to further various planning-policy directions and on-theground outcomes in Banyule. Council can support the MPA’s ideas, given in the brochure under four themes, and offer the following opportunities for the MPA to consider for the Cluster’s framework: 1.
Better connections to and within the Cluster: • Investigate for the North-East Link as a direct orbital link from the Metropolitan Ring Road at Greensborough to Eastlink at Ringwood, rather than as a Heidelberg bypass through the Yarra River valley. • Imbed pedestrian, cycling and public transport as the priority modes of movement in the Cluster. • Improve public transport coverage, connectivity and service frequency. In the short-term explore a SmartBus service to MacLeod railway station. • Invest in master planning at Heidelberg railway station for better modal interchange at Mount/Yarra Streets and access to the Austin/Mercy Complex above Studley Road. • New cycling and pedestrian connection bridge over the Yarra River at Warringal Parklands, for access into the Cluster.
Ordinary Meeting of Council - 8 August 2016
Page 33
4.3
Place – Sustainable Amenity and Built Environment
LATROBE NATIONAL EMPLOYMENT CLUSTER cont’d •
Investigate grade separation for the Hurstbridge railway line at the Ruthven Street level crossing in MacLeod.
2.
Helping businesses grow and thrive: • Develop a vision for the Heidelberg West Industrial Precinct and advocate for better broadband access in the precinct as a priority. • Recognise environmental sustainable development as a key policy driver for the Cluster’s future. • Invest in master planning at Heidelberg railway station that explores public spaces and floor space growth for commercial, medical and allied industries.
3.
Homes closer to jobs: • Identify and plan for Heidelberg West as the key location in the Cluster for housing change between Northland, LaTrobe University and the Heidelberg Activity Centre. • Promote housing models for sustainable living and more affordable housing, such as the innovative Murundaka Cohousing at Bamfield Road in Heidelberg Heights. • Refresh the Heidelberg Activity Centre Structure Plan for priority places where housing and employment growth is most preferred and closest to public transport.
4.
Supporting community and improving open space: • Recognise aboriginal cultural heritage and Darebin Creek as the Cluster’s environmental and waterway spine. • Support improved sporting facilities in the Heidelberg area. • Support redevelopment for the Olympic Village Learning Hub in Heidelberg West • Recognise changing needs for community facilities, for a dynamic community profile and changing population. • Encourage government to work with schools, to support community access to outdoor play spaces.
In addition, Council can ask the Minister for Planning to: • Advocate across Victorian Government Departments, Agencies and the Federal Government to build, help fund and coordinate support for short-term urban renewal, transport and infrastructure investment in the Cluster. • Provide guidance on emerging Victorian Government funding and other support-service opportunities that Council and other stakeholders may access. • Support the MPA expanding their work with Banyule to develop a vision for the Heidelberg West Industrial Precinct and explore future refresh of the Heidelberg Activity Centre Structure Plan. These two precincts are shown as key areas for further planning investigation in the MPA’s brochure. LEGAL CONSIDERATION There are currently no direct legal implications arising from the recommendation contained in this report. The MPA’s ongoing progress for the Cluster may involve changes to the Banyule Planning Scheme. This matter would be considered in the future.
Ordinary Meeting of Council - 8 August 2016
Page 34
Place – Sustainable Amenity and Built Environment
4.3
LATROBE NATIONAL EMPLOYMENT CLUSTER cont’d 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 as this report is not recommending any decisions other than advocating for community interests that are reflected in existing Council policies, strategies or plans. WHERE TO NEXT Council can continue to work with the MPA and other key stakeholders to develop a framework for the Cluster. Once this is done there may be opportunities to improve the Banyule Planning Scheme to include the framework. In addition, and given the MPA’s planning role for the Government, Council can write to the Minister for Planning to: acknowledge the MPA’s progress; ask for the Cluster’s framework to consider the opportunities described in this report and to request the MPA’s involvement in precinct planning. 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 MPA has achieved a milestone in their progress towards a land use and transport planning framework for the LaTrobe National Employment Cluster. With the MPA’s release of an ideas brochure, it is timely for Council to write to the Minister for Planning to: support the work done; identify opportunities for the Cluster’s future framework plan and request the MPA’s involvement in precinct planning in the Cluster.
ATTACHMENTS No.
Title
1
Metropolitan Planning Authority's June 2016 Ideas Brochure for the LaTrobe National Employment Cluster
Ordinary Meeting of Council - 8 August 2016
Page
Page 35
111
4.4
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT
Author:
Kerryn Woods - Executive Assistant/Project Officer, City Development
Ward:
Griffin
EXECUTIVE SUMMARY The property at 16 Odenwald Road, Eaglemont, contains a ‘single dwelling’ which resembles a dual occupancy (two dwellings). The property has been subject to numerous planning permit applications and Victorian Civil and Administrative Tribunal (VCAT) appeals in an attempt to convert the premises into two dwellings. All applications have been refused by both Council and VCAT. The most recent VCAT decision has resulted in the owner of the property lodging a proceeding at the Supreme Court seeking leave to appeal against the VCAT decision. The Supreme Court has refused to grant leave to appeal the matter. Given the local community’s interest in this matter, this report outlines the history of the site and the recent Supreme Court decision for Council’s noting. RECOMMENDATION That Council notes the decision set out by the Supreme Court on 25 July 2016 to refuse to grant leave to the applicant to appeal the Victorian Civil and Administrative Tribunal decision in relation to 16 Odenwald Road, Eaglemont.
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 This site and associated development has an extensive planning and enforcement history and is summarised below: Date
Action
28 May 1997
Planning Application P264/97 Applicant on behalf of owner lodged an application for two dwellings on the land.
24 March 1999
P264/97 Refused Planning application was refused on the basis that the applicant had failed to provide sufficient information.
15 April 1999
Planning Application P208/99 The architect lodged an application on behalf of the owner for two dwellings on the land.
Ordinary Meeting of Council - 8 August 2016
Page 36
4.4
Place – Sustainable Amenity and Built Environment
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT cont’d 23 February 2000
P208/99 Refused by Council Planning application for two dwellings refused by Council under delegation. The grounds of refusal were as follows: 1. The mass, scale and setbacks of the proposed development does not respect the neighbourhood character. 2. The proposed development will result in a loss of amenity to surrounding properties due to visual bulk. 3. The proposed development does not sufficiently comply with the Good Design Guide for Medium Density Housing. 4. The proposed development is contrary to the Banyule Neighbourhood Character Strategy.
19 October 2000
P208/99 Refusal upheld by VCAT The Victorian Civil and Administrative Tribunal (VCAT) disallowed a review of Council’s refusal. In its concluding comments VCAT stated that they “…agree with the Responsible Authority’s submission that having regard to the established character of this area, a more responsive design would be smaller in scale, relocate the dwellings back in line with dwellings on adjacent properties and reduce the visibility of the garages at the front, as well as the first storey levels. This is clearly a difficult site to develop having regard to the topography and the nature of surrounding development, and the permit applicant has chosen to attempt to develop two substantial three bedroom dwellings with double carports. Not only does this fail to introduce the required diversity of housing type into the locality, as was submitted by the Responsible Authority, but it results in a form of development which is excessive for this site.
4 October 2001
Building Permit for Dwelling Building permit issued by City of Whittlesea acting as the Relevant Building Surveyor for the owner to allow the construction of a single dwelling. Although the approval allowed for one dwelling the scale of development shown on the plans was similar to the dual occupancy development shown in planning application P208/99 refused by both Council and VCAT.
December 2002 – January 2005
Dwelling Construction Site works and a majority of the dwelling was constructed over a two year period with the final inspection undertaken by the Relevant Building Surveyor on 28 January 2005.
4 October 2004
Crossover Constructed An additional crossover was constructed without the necessary Council approval to provide access to a second garage on the site. A street tree was damaged during the construction and a Planning Infringement Notice was issued as well as an infringement notice for the unlawful construction of the crossover. Concerns about the installation of multiple services and the potential for the building to be used as a dual occupancy were also raised with the land owner’s solicitor.
November 2004
Crossover Reinstated The crossover was reinstated in November 2004 and the relevant infringement notices paid on 23 February 2005. The nature strip was subsequently reinstated.
Ordinary Meeting of Council - 8 August 2016
Page 37
4.4
Place – Sustainable Amenity and Built Environment
4.4
Place – Sustainable Amenity and Built Environment
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT cont’d 29 November 2004
Dwelling at ‘lock-up stage’ Development was completed to ‘lock-up’ stage and an inspection carried out by Council’s Planning Department to determine whether the development was in accordance with the approved plans and formed one or two dwellings. The owner was advised of the Council concerns in relation to characteristics of the development which indicated that it was constructed as more than one dwelling.
4 February 2005
Amended Building Approval An amended building approval was issued and a Certificate of Occupancy granted by the City of Whittlesea in its role as the Relevant Building Surveyor. (The amended plans were not supplied to Council until 23 March 2005).
9 March 2005
Inspection indicates more than one dwelling A further inspection was undertaken and the owner was advised of inconsistencies with the building plans on Council’s file and observations that the development appeared to be two dwellings.
11 April 2005
Council Resolution A report was considered by Council in relation to matters arising from the development and potential use of the building as two dwellings. The following resolution was made in relation to that meeting: 1.
That the owner is advised that based on the inspections and current development of the site, it is considered that the building has been established as two dwellings and as such a planning permit is required. 2. Council write to the owner requesting an application for planning permit for the two dwellings within 21 days (3 weeks). 3. If an application for planning permit is not lodged within 21 days then further enforcement proceedings be initiated based on the advice of Council’s legal advisors. 4. A decision in relation to the application for a second crossover on the site is deferred pending the outcome of the planning issues associated with the site. 1 July 2005 – 1 December 2009
Site Inspections Further inspections were undertaken on site to determine whether or not works had been undertaken since the time of the Council resolution. Initial inspections revealed that not all works had been completed however following correspondence from Council they were undertaken. There were ongoing inspections and observations of the building over the time with respect to the use of the building as two dwellings and the use of the second garage that had had the kerb reinstated. Based on the fact that there was no evidence that the building was being utilised as two dwellings no enforcement took place as there was no breach of the Planning Scheme. However, the owners were reminded on a number of occasions that the building must continue to be used as a single dwelling.
Ordinary Meeting of Council - 8 August 2016
Page 38
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT cont’d An inspection was also undertaken by Council officers during the open to view for the sale of the property in December 2009. Again there was no evidence that there was any breach of the Planning Scheme at that time. 14 December 2010
Planning application P948/10 Applicant on behalf of owner lodged an application for two dwellings on the land. This application sought to convert the single dwelling constructed under the Building Permit into two dwellings. The proposal was almost identical to the development that was refused by Council and VCAT, in application P208/99 and included other changes including an additional subfloor bathroom in dwelling 1. The proposal was not considered to address the matters raised in the Tribunal decision. The bulk and scale of the proposal, lack of landscaping opportunities and non-compliance with Clause 55were all raised as grounds for refusal.
26 September 2011
P948/10 Refused Planning application was refused on neighbourhood character and Clause 55 grounds.
16 October 2012
P948/10 Refused by VCAT The Tribunal considered that the proposal fails to contribute adequately to the neighbourhood character, particularly the landscape character, due to the expanse of garaging, driveways and pathways across the frontage of the site.
25 January 2013
Planning application P87/13 Applicant on behalf of owner lodged an application for two dwellings on the land. To address previous concerns raised by Council and VCAT, the applicant sought to marginally reduce the width of the driveway to proposed Dwelling 2 to increase the extent of landscaping within the front garden.
7 June 2013
P87/13 Refused Application refused primarily on the basis of inadequate landscape and tree planting within the front setback of the development and subsequent adverse impact on neighbourhood character.
16 December 2013
P87/13 Refused by VCAT The Tribunal supported Council’s determination that inadequate landscape and tree planting space was provided within the front setback of the development with a subsequent adverse impact upon the streetscape and neighbourhood character.
23 March 2015
P534/14 Refused Application again refused on the basis of inadequate landscaping and tree planting space within front setback, and the adverse impact on the streetscape and neighbourhood character.
7 October 2015
P534/14 Refused by VCAT The Tribunal upheld Council’s decision again citing the adverse impact upon the streetscape and neighbourhood character and the inadequate space available for tree planting and landscaping.
Ordinary Meeting of Council - 8 August 2016
Page 39
4.4
Place – Sustainable Amenity and Built Environment
4.4
Place – Sustainable Amenity and Built Environment
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT 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. Locality Plan
The subject site highlighted above currently contains a single dwelling that resembles a dual occupancy (two dwellings).
Ordinary Meeting of Council - 8 August 2016
Page 40
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT cont’d DISCUSSION The current owner of the site has been involved in the proceedings relating to the site for nearly 20 years. The most recent planning permit application for two dwellings was refused by Council on 23 March 2015, with this decision being upheld by VCAT on 7 October 2015. The owner then applied to the Supreme Court seeking leave to appeal the VCAT decision on 10 questions of law. The questions were categorised into two groups: that of questions relating to repeat reviews, and questions relating to the Tribunal’s duty to act fairly and in accordance with the substantial merits of the case. The first group contained the following four questions: “(1)
Did the Tribunal err in taking into account an irrelevant consideration in the form of the principles for assessing a repeat appeal?
(2)
Did the Tribunal misapply the principles for assessing a repeat appeal in failing to properly consider the merits of the proposal and finding that the proposal before the Tribunal was a classic repeat appeal and not a correcting repeat appeal?
(3)
Did the Tribunal err, on the evidence before the Tribunal, in holding that the proposal before the Tribunal was a classic repeat appeal and not a correcting repeat appeal?
(4)
Did the Tribunal err in identifying those aspects of the proposal required to be addressed in a correcting repeat appeal?”
The second group contained the following six questions: “(5)
Did the Tribunal err by not giving proper weight to the existing dwelling in the context of bulk and massing and setback considerations?
(6)
Did the Tribunal err in holding that since the previous Tribunal decisions there have been no significant changes in fact or law?
(7)
Did the Tribunal err in giving insufficient weight to relevant considerations being Plan Melbourne, the Heidelberg Activity Centres and Precincts, the Heidelberg and Austin Hospital Health Precinct and clause 21.06 of the Planning Scheme?
(8)
Did the Tribunal err in giving weight to the statement of significance in the schedule to the Vegetation Protection Overlay?
(9)
Did the Tribunal err, in the absence of evidence, in holding that the dwelling has a maximum height of 11.2m and that the height of the building exceeds the preferred 9m (or 10m on a sloping lot)?
(10) Did the Tribunal err in failing to accord to the parties natural justice in making such a finding absent giving notice to the parties in this matter (matter in the preceding question) upon which this Tribunal relied and providing the parties an opportunity to make submission on the issue.”
Ordinary Meeting of Council - 8 August 2016
Page 41
4.4
Place – Sustainable Amenity and Built Environment
4.4
Place – Sustainable Amenity and Built Environment
SUPREME COURT DECISION - 16 ODENWALD ROAD, EAGLEMONT cont’d All questions were taken into consideration with the Supreme Court concluding that leave to appeal should not be granted on the basis that it was not satisfied that there is any real significant argument that there has been any error on a question of law. The effect of the Supreme Court decision is that the Council and VCAT decision to refuse the application for two dwellings is affirmed. The building must continue to be used as a single dwelling. Given that the Supreme Court made clear findings in relation to “repeat appeals”, the avenues available to the owner to lodge a further planning permit application to convert the building into two dwellings are quite limited and constrained. 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 has a long history of almost 20 years during which time the property owner has sought to achieve two dwellings. The Supreme Court has refused to grant leave to appeal the most recent Council and VCAT decision to refuse a permit for two dwellings which brings to a close the latest chapter in this matter.
ATTACHMENTS Nil
Ordinary Meeting of Council - 8 August 2016
Page 42
4.5
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015
Author:
Nick Helliwell - Major Developments Planner, City Development
Ward:
Olympia
EXECUTIVE SUMMARY An appeal has been lodged with the Victorian Civil and Administrative Tribunal (VCAT) in regard to planning permit application P1244/2015 for a five to six storey apartment building at 15-17 Livingstone Street, Ivanhoe. The development was not supported by Council based on a number of grounds including building bulk and scale and lack of landscaping contrary to the Ivanhoe Structure Plan, overland stormwater flow and flood risk and inappropriate vehicle access. As part of the appeal process, a Compulsory Conference was held at VCAT on 20 July 2016. The conference was chaired by the Tribunal with the permit applicant, one objector party to the review and a Council representative in attendance. As a result of the proceeding, the permit applicant tabled ‘Without Prejudice’ amended plans incorporating a number of key changes. Additional modifications to the plans were agreed to by Consent Order by the permit applicant and objector party to the review. In addition, permit conditions are required to be drafted as part of the settlement. Based on a review of the terms of the Consent Order, it is considered that Council should agree to the Consent Order. RECOMMENDATION That Council: A.
Agree to the Consent Order of the Compulsory Conference of 20 July 2016 and without prejudice plans (Drawing numbers: 1612, Sheets TP02 to TP016, Revision D, Drawn 6 July 2016) received by Council 8 July 2016 subject to the following without prejudice conditions:
Plans 1 Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the application plans drawn by Kincaid Projects, Project No.1612 Revision D dated 6 July 2016 but modified to show: (a) Vehicular access to the site to the satisfaction of the Responsible Authority;
Ordinary Meeting of Council - 8 August 2016
Page 43
4.5
Place – Sustainable Amenity and Built Environment
4.5
Place – Sustainable Amenity and Built Environment
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d (b)
(c) (d) (e) (f)
(g)
(h) (i)
Built form to be compliant with Standard B17 – Side and rear setbacks of Clause 55.04-1 of the Banyule Planning Scheme unless otherwise agreed by the Responsible Authority The height of the ground level of the building to be raised to address any flooding concerns to the satisfaction of the Responsible Authority; Overlooking to be compliant with Standard B22-Overlooking of Clause 55.04-6 of the Banyule Planning Scheme Allocation of car parking to specific apartments within the development Basement access ramp designed and car parking laid out in accordance with Clause 52.06-8 – Design standards for car parking of the Banyule Planning Scheme Number of bicycle parking spaces reduced to a maximum of 14 and designed in compliance with Clause 52.34 – Bicycle facilities of the Banyule Planning Scheme Details of external facing materials, colours and finishes Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i) The use of an On-site Stormwater Detention (OSD) system; (ii) The connection to the Council nominated legal point of discharge; (iii) The specified flood level for the property. (iv) Flood modelling to prove that flooding of neighbouring properties will not be increased (vi) The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan and STORM report and include drainage details as a result of landscaping. Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided..
2
The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.
Landscape Plan 3 Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: (a) a survey (including botanical names) of all existing vegetation to be retained and/or removed;
Ordinary Meeting of Council - 8 August 2016
Page 44
Place – Sustainable Amenity and Built Environment
(b) (c) (d)
(e) (f) (g)
(h)
4.5
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary; details of surface finishes of pathways and driveways; a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant to be planted throughout the site including four medium sized canopy trees within the front setback and three medium sized canopy trees within the rear setback (mature height of at least 10 metres) planted at a semi-advanced state (minimum pot size 16 litres); All species selected must be to the satisfaction of the responsible authority. The landscape plan must also include an in-ground irrigation system provided to all landscaped areas. Before the use/occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.
Residential Noise 4
The operation of fixed plant and equipment (spa pump/pool pumps/airconditioning unit/ vacuum unit etc.) must not cause a Nuisance (as defined under the Public Health and Wellbeing Act 2008). A Nuisance may include noise, odour or any other thing deemed a “nuisance” under the Act. It is recommended that fixed plant is not located within close proximity to neighbouring residential properties and where practicable, enclosed.
Urban Design / External Appearance 5
All external materials, finishes and paint colours are to be to the satisfaction of the Responsible Authority.
6
Any air-conditioning or cooling units, condensers and the like must not be located on external walls or on balconies without the prior written consent of the Responsible Authority.
7
All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.
Car Parking / Access 8 Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority. 9
Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
Ordinary Meeting of Council - 8 August 2016
Page 45
4.5
Place – Sustainable Amenity and Built Environment
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d 10
Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and nature strip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
11
The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.
Rubbish Collection 12 Prior to the commencement of the use, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include: (a) Dimensions of waste areas. (b) The number of bins to be provided and capacity. (c) Details on method and frequency of cleaning and maintenance of waste areas. (d) Details of ventilation. (e) Details of unwanted goods storage. (f) Method of waste and recyclables collection including the need to provide for private services. (g) Hours of waste and recyclables collection. (h) Measures to minimise impact upon residential amenity. (i) Method of presentation of bins for waste collection. (j) Strategies for how the generation of waste and recyclables from the development will be minimised. (k) Details as to how prospective purchasers will be advised that all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land. When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 13
Unless otherwise agreed in writing by the Responsible Authority, prior to the Certification of the Plan of Subdivision, the owner/s of the land at 15-17 Livingstone Street, Ivanhoe must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority. Such agreement shall require that all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land. A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner.
Ordinary Meeting of Council - 8 August 2016
Page 46
Place – Sustainable Amenity and Built Environment
4.5
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d ESD Report and Plan 14 Unless otherwise agreed in writing by the Responsible Authority, prior to commencement of the development hereby approved, a Sustainability Management Plan must be submitted to and approved to the satisfaction of the Responsible Authority. Such a plan may consider an implementation plan for measures such as: (a) An average Energy Rating of 6 Stars (b) Central solar gas boosted hot water system (c) Double Glazing. (d) Energy efficient glazing. (e) Energy efficient Heating and Cooling. (f) Reduction of car park mechanical Ventilation including CO2 sensors installed throughout the two car parking areas and connected to mechanical exhaust equipment to lower operational time while maintaining good air quality. (g) Storm water control. (h) Rainwater storage and grey water recycling. (i) Indoor Environment Quality. (j) Ceiling fans to create air movement for warmer winters and cooler summers without air conditioning (k) Light roof colour to help reduce the material heat gains to top floor apartments by reflecting sun rays. (l) Solar roofing panels installed to power all shared lighting systems and car park lighting. (m) Provision of indigenous and/or drought tolerant plants in landscaping areas. Prior to Occupation 15 Unless otherwise agreed in writing by the Responsible Authority the proposed development must not be occupied until:(a) The parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority; (b) The garden and landscape area(s) shown on the endorsed plan(s) have been planted to the requirements and satisfaction of the Responsible Authority; (c) Drainage works have been undertaken and completed to the requirements and satisfaction of the Responsible Authority; and (d) The submission and approval of a Waste Management Plan in accordance with condition (12) of this permit. (e) The bicycle parking area is made available for residents and commercial tenants. (f) Basement and under croft lighting is installed in accordance with the relevant Australian Standards. (g) At least one replacement street tree has been replanted within Cape Street.
Ordinary Meeting of Council - 8 August 2016
Page 47
4.5
Place – Sustainable Amenity and Built Environment
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d VicRoads 16 All discussed or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of the Responsible Authority and at no cost to the roads Corporation prior to the commencement of the use hereby approved Please note that the proposed development requires reinstatement of disused crossovers to kerb and channel. Separate approval under the Road management Act for this activity may be required from VicRoads (the Roads Corporation). Please contact VicRoads prior to commencing works. Time Limits 17 In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: • The development is not commenced within two years of the date of this permit; • The development is not completed within four years of the date of this permit; In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a) Before the permit expires, or (b) Within six months afterwards, or
(c) B.
Within 12 months afterwards if the development started lawfully before the permit expired.
Advise the Victorian Civil and Administrative Tribunal, all parties to the Tribunal proceeding and other parties to the proposal of this decision.
OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY Council received a planning application on 3 December 2015 for a five to six storey apartment building at 15 to 17 Livingstone Street, Ivanhoe. An appeal was lodged with Victorian Civil and Administrative Tribunal (VCAT) on 9 February 2016 against Council’s failure to determine the application. Had an appeal not been lodged, the application would have been refused on a number of grounds including building bulk and scale and lack of landscaping contrary to the Ivanhoe Structure Plan, overland stormwater flow and flood risk and inappropriate vehicle access.
Ordinary Meeting of Council - 8 August 2016
Page 48
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d As part of the appeal process, a Compulsory Conference was held at VCAT on 20 July 2016. The conference was chaired by the Tribunal with the permit applicant, one objector party to the review and a Council representative in attendance. As a result of the proceeding, the permit applicant tabled ‘Without Prejudice’ amended plans incorporating a number of key changes, including but not limited to: • • • •
A redesign of the architectural presentation of the building by a different architectural practice A reduction of the visual bulk and mass of the building above podium level Increased in ground landscaping area within the front and rear setbacks of the building Increased upper level setback of the rear of the building
Additional modifications to the ‘Without Prejudice’ plans were agreed to by Consent Order by the permit applicant and objector party to the review including, but not limited to: • • •
Vehicular access to the site to be to the satisfaction of the Responsible Authority Built form to be compliant with Standard B17 – Side and rear setbacks of Clause 55.04-1 of the Banyule Planning Scheme unless otherwise agreed by the Responsible Authority The height of the ground level of the building to be raised to address any flooding concerns
A copy of the Consent order is annexed at Attachment 1 and a copy of the proposed permit conditions annexed at Attachment 2. The Consent Order needs to be considered by Council. If Council accepts the VCAT Order, the Tribunal will direct a permit to issue on the terms of the Order and the matter will not proceed to a full hearing. If Council does not accept the resolution, the terms of the Consent order become void and the matter will proceed to a full hearing (date to be confirmed). PUBLIC NOTICE The Tribunal directed public notification of the proposal (original plans). Three parties registered a concern in relation to the Tribunal’s public notification. Only one of these parties attended the compulsory conference. The remaining parties either indicated they would not attend or did not attend. It should be noted that the parties who were present at the Compulsory Conference have agreed to the terms of the Consent Order. The Tribunal has ‘struck out’ the party that did not attend. The Tribunal will clarify whether the party that indicated it would not attend is also ‘struck out’ of the process. All parties that submitted a Statement of Grounds to the Tribunal have been sent a copy of the ‘Without Prejudice’ plans and the Consent Order and advised that should they wish to provide any further comments to Council, a written submission should be lodged with Council by 5 August 2016. Any comments will be brought to Council’s attention prior to the Council Meeting.
Ordinary Meeting of Council - 8 August 2016
Page 49
4.5
Place – Sustainable Amenity and Built Environment
4.5
Place – Sustainable Amenity and Built Environment
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d TECHNICAL CONSIDERATION In considering the consent reached between the permit applicant and objector party, the following comments are provided in relation to how the Consent Order addresses the key grounds raised in the Council position on this matter presented to VCAT. Building design, scale and landscaping A new design aesthetic has been brought to the architectural presentation of the building by a different architectural practice. This has been achieved through stepping the upper levels of the building in from the lower podium level and significantly reducing the scale of the upper levels. Whilst the front setbacks now comply with the guidance provided by the Ivanhoe Structure Plan, the rear podium preferred setback in the structure plan is 6 metres, however a setback of 4 metres is proposed. The above podium preferred rear setback is 9 metres whilst a setback of 5.8 to 12 metres is proposed. Notwithstanding the proposal to vary the rear setbacks from those preferred by the structure plan, the revised design has not only improved the architecture and appearance of the elevational treatment of the building and its setting but also there is a reduced visual bulk and mass of the building above podium level. The revised proposal has also increased in ground landscaping and canopy tree planting area within the front and rear setbacks of the building and increased the upper level setback of the rear of the building from that previously proposed. In terms of building height, the consent order recognises that the building would need to be raised a maximum of 1.26 metres to address potential water inundation associated with overland flow from the urban drainage system. This would increase the maximum proposed building height from 15.9 metre as shown on the ‘without prejudice’ plans to 17.2 metres. In the circumstances, it is not considered unreasonable to allow some increase in building height to address the overland flow that affects the site. Any increase in height of the building is above the preferred building height of 13 metres envisaged under Design and Development Overlay – Schedule 11 that affects the site (the building height is marginally less than the original submitted design at 17.25 metres. However, importantly, the revised proposal has a significantly reduced upper building bulk and form, improved architectural treatment and design and increased space for landscaping and canopy tree planting.
Ordinary Meeting of Council - 8 August 2016
Page 50
Place – Sustainable Amenity and Built Environment
4.5
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d
Figure 1: Without Prejudice plans of east elevation of proposal compared to original proposal
Vehicle access and car parking The additional modifications to the plans agreed to in the Consent Order by the permit applicant and objector party will also improve the vehicular access to the site either by providing a vehicle lay by area along the rear laneway to allow vehicles to pass each other on the laneway or require access to the site to be provided from Livingstone Street. Whilst the precise detail of the access arrangement has yet to be finalised, it is required that this be undertaken to the satisfaction of Council. Council’s Development Engineering section has considered both of these options and consider that either of these solutions would address the vehicle access concerns previously raised. Any new or altered access to Livingstone Street will be required to be included in the permit preamble and require approval from VicRoads. These arrangements will be required as a condition of permit. The additional fine tuning of the parking allocation within the development, access ramp design and bicycle parking allocation can all reasonably be addressed through permit conditions. Future external residential amenity Overlooking from the development will be required to be compliant with Standard B22-Overlooking of Clause 55.04-6 of the Banyule Planning Scheme. This will be required as a condition of permit. A copy of the original lodged plans is annexed at Attachment 3.
Ordinary Meeting of Council - 8 August 2016
Page 51
4.5
Place – Sustainable Amenity and Built Environment
PROPOSED FIVE TO SIX STOREY APARTMENT BUILDING AT 15-17 LIVINGSTONE STREET, IVANHOE - P1244/2015 cont’d CONCLUSION As a result of the “Without Prejudice” plans and terms of the Consent Order, it is considered that Council should agree to the Consent Order subject to the attached permit conditions.
ATTACHMENTS No.
Title
1
VCAT Consent Order
113
2
Proposed permit conditions
116
3
Original plans
121
Ordinary Meeting of Council - 8 August 2016
Page
Page 52
5.1
Participation – Community Involvement in Community Life
5.1
MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2016
Author:
Emily Outlaw - Council Governance Liaison Officer, Corporate Services
File:
D16/119108
EXECUTIVE SUMMARY The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 9 September 2016. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member councils. Any motions submitted must be approved by Council and submitted by 12 August 2016. The MAV holds two State Council Meetings per year. The meetings are an opportunity for Councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. This report proposes that Banyule submits the following motions to the MAV for inclusion on the agenda of the September State Council Meeting relating to the: • •
Indian Myna Bird Control; Appointments to the Vision Super Board.
RECOMMENDATION That Council adopt the following motions for submission to the MAV State Council Meeting to be held on 9 September 2016: (a)
Indian Myna Bird Control ‘That the Municipal Association of Victoria advocates to the State and Federal Government to ensure the Indian Myna Bird is classified as a pest species in relevant legislation and to establish a coordinated Indian Myna bird control strategy.’
(b)
Appointments to the Vision Super Board ‘That the Municipal Association of Victoria establish a formal and structured application process to nominate and appoint members to the Vision Super Board and that all Victorian Councillors and Executive Officers (ie. CEO and Directors) be encouraged to apply as part of this process.’
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.
Ordinary Meeting of Council - 8 August 2016
Page 53
5.1
Participation – Community Involvement in Community Life
MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2016 cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “advocate on behalf of our community”. BACKGROUND MAV STATE COUNCIL The MAV holds two State Council Meetings per year. The meetings are an opportunity for councils to put on the agenda issues of common interest and importance to all Victorian Councils. The MAV then advocates on behalf of Local Government in relation to these matters. Prior to the meetings the MAV encourages councils to submit motions for the agenda. The usual practice is to provide a few paragraphs of background information together with the actual motion being recommended. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. DISCUSSION There are a number of matters which Council could raise at the May State Council Meeting. On this occasion Council proposes to motion the matters as listed below: 1.
INDIAN MYNA BIRD CONTROL
BACKGROUND Banyule City Council, like numerous other municipalities, has significant numbers of Indian Myna birds. The large numbers can have negative impacts on native bird species due to competition for nesting hollows and territorial behaviour. At a Federal and Victorian Government level there is no program or process to address the population growth of the species or undertake coordinated eradication. SUGGESTED MAV MOTION That the Municipal Association of Victoria advocates to the State and Federal Government to ensure the Indian Myna Bird is classified as a pest species in relevant legislation and to establish a coordinated Indian Myna bird control strategy.
Ordinary Meeting of Council - 8 August 2016
Page 54
MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2016 cont’d 2.
APPOINTMENTS TO THE VISION SUPER BOARD
BACKGROUND The Vision Super Board requires two members to be nominated by the Municipal Association of Victoria (MAV). Historically the MAV has nominated its own Board members for the positions. A review of the MAV’s process of nominations for the Vision Super Board would enable a more transparent method and allow for a number of qualified individuals from Local Councils to be given an opportunity to sit on the Board. SUGGESTED MAV MOTION That the Municipal Association of Victoria establish a formal and structured application process to nominate and appoint members to the Vision Super Board and that all Victorian Councillors and Executive Officers (ie. CEO and Directors) be encouraged to apply as part of this process. Additional Proposed Motion on Bill Posting in Activity Centres At its meeting on 11 July 2016 Council considered a Notice of Motion in relation to Bill Postings in Activity Centres and resolved the following: “That Council: 1.
2.
Advocate to the State Government for changes to relevant legislation so Council can fine entities for Bill Posting enabling: (a)
An infringement for each offence; and
(b)
A recharge for the removal expenses and repair of Council assets (where applicable).
Submit a motion to the next Municipal Association of Victoria (MAV) State Council on this matter.”
Since the meeting, further investigation on this matter has revealed that councils currently have the ability to address the concerns raised in the above motion through existing legislation, specifically Division 2 of the Road Management Act 2004. It is therefore considered that a motion to the MAV State Council meeting is therefore no longer required or appropriate. TIMELINES The Municipal Association of Victoria (MAV) is holding its State Council Meeting on 9 September 2016. Councils are encouraged to submit motions to the State Council Meeting for voting on by other member Councils. Any motions submitted must be approved by Council and submitted by 12 August 2016.
Ordinary Meeting of Council - 8 August 2016
Page 55
5.1
Participation – Community Involvement in Community Life
5.1
Participation – Community Involvement in Community Life
MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - STATE COUNCIL MOTIONS 2016 cont’d CONCLUSION The matters discussed in this report have widespread implications and are of concern to all Victorian Councils. The MAV State Council meeting provides an opportunity to seek the support of other Councils and the MAV in raising these matters.
ATTACHMENTS No.
Title
1
Banyule City Council- MAV State Council Motions
Ordinary Meeting of Council - 8 August 2016
Page 137
Page 56
5.2
Participation – Community Involvement in Community Life
5.2
GARAGE SALE TRAIL
Author:
Margaret Morgan - Waste Education Co-ordinator, Assets & City Services
EXECUTIVE SUMMARY Garage Sale Trail is a not-for-profit program which can provide assistance to Local Government in promoting waste reduction in their communities. The once a year event fosters the opportunity for people to de-clutter, reuse, meet the neighbours, and make a few extra dollars all at the same time. The program organisers have approached Council to seek Banyule’s involvement. At its meeting on the 27 June 2016, Council called for a report on assessing the benefits and costs associated with participating in the Garage Sale Trail program and to consider taking part in the 2016 event as a one year trial. Garage Sale Trail program organisers have offered Council a reduced rate of $8,500 for a one year trial of the program. There would also be additional costs associated with Council promoting the events estimated at $7,000 and a time commitment of Councils communication team of approximately 25 hours to participate in the program. There has been no allocation in the 2016/17 Council budget to participate in the 2016 Garage Sale Trail. At the current time, there is no data to indicate whether the program has provided an increase in the activities of garage sales or merely co-ordinated everyone to hold a sale on one day. It should be noted that one nominated day may not suit all interested participants and garage sales can be held on any weekend. There is no tool available to estimate the reduction in waste versus the cost of implementing the Garage Sale Trail Sale. It is considered that although there may be some environmental benefit to Garage Sale Trail, the amount gained is quite small and advantages only relatively small number of households in the municipality who participate. There is however social benefit in that it gives residents an opportunity to get out and about and to meet other people. RECOMMENDATION That Council do not participate in the 2016 Garage Sale Trail.
CITY PLAN This report is in line with Council’s City Plan key direction to “encourage diverse and inclusive community participation”. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report.
Ordinary Meeting of Council - 8 August 2016
Page 57
5.2
Participation – Community Involvement in Community Life
GARAGE SALE TRAIL cont’d 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. BACKGROUND Garage Sale Trail is a not-for-profit program which can provide assistance to Local Government in promoting waste reduction in their communities. The once a year event fosters the opportunity for people to de-clutter, reuse, meet the neighbours, and make a few extra dollars all at the same time. The program organisers have approached Council to seek Banyule’s involvement. At its meeting on the 27 June 2016, Council called for a report on assessing the benefits and costs associated with participating in the Garage Sale Trail program and to consider taking part in the 2016 event as a one year trial. DISCUSSION At the current time, there is no data to indicate whether the program has provided an increase in the activities of garage sales or merely co-ordinated everyone to hold a sale on one day. It should be noted that one nominated day may not suit all interested participants and garage sales can be held on any weekend. There is no tool available to estimate the reduction in waste versus the cost of implementing the Garage Sale Trial Sale. On benchmarking with other councils, there has been mixed reviews with regard to the success of their program. One council reported that nearly half the respondents managed to sell only about 10% of the items they had on offer. Nearly 50% of respondents donated the remaining items and almost 25% still had the items at the time of the survey.
Ordinary Meeting of Council - 8 August 2016
Page 58
GARAGE SALE TRAIL cont’d There are many existing ways for residents to sell, reuse or giveaway their items and these are web based selling services, community events and donating to charities. These opportunities are ongoing throughout the year and are often free or user pay and at no cost to Council. These resources are more suitable to people who do not want to be confined to participation on one day a year. Council can encourage garage sales by promoting to its community the different ways to sell, reuse or giveaway their items through Council newsletters, community groups, or its website. Council continues to promote the message that can people sell online through the graphics on some waste trucks that travel the streets of Banyule every day, and this is a constant reminder to residents. The Garage Sale Trail does have a social benefit that brings communities together on a common cause to reduce their clutter, make a little money. FUNDING IMPLICATIONS There is a cost to Council to participate in the Garage Sale Trail and Council has been offered a reduced rate of $8,500 + GST for a one year trial. The full rate costs to other Councils depending on the length of time in the program are $10,000 for 1 year, $17,500 for 2 years, or $22,500 for 3 years. While the program includes information for newsletters, promotional templates for flyers, access to the Garage Sale Trail website, and social media opportunities, there are additional costs associated with actually undertaking these activities. Discussions with Council’s Communications Team and feedback from other councils have indicated this could be up to $7,000, depending on how heavily the program is promoted. Promotions could include a Banner article, small piece in the Banyule in Brief advertorial, on hold message, promotion in foyers and leisure centres, website and general advertising. Council’s communication team would also need to allocate time to manage Council’s participation in the program, which has been estimated at 25 hours. A summary of costs is as follows:
Garage Sale Trail registration Advertising costs Total Cost per annum Officer time required
One year trial
Normal rate One year
Normal rate Two year
Normal rate Three year
$8,500
$10,000
$8,750
$6,500
$7,000
$7,000
$7,000
$7,000
$15,500 pa.
$17,000 pa.
$15,750 pa.
13,500 pa
25 hours pa.
25 hours pa.
25 hours pa.
$25,000 pa
There has been no allocation in the 2016/17 Council budget to participate in the 2016 Garage Sale Trail. TIMELINES The 2016 Garage Sale Trail deadline has passed but it is still possible participate if Council considers and approves the funding for the event. The date for the sale is Saturday, 22 October 2016.
Ordinary Meeting of Council - 8 August 2016
Page 59
5.2
Participation – Community Involvement in Community Life
5.2
Participation – Community Involvement in Community Life
GARAGE SALE TRAIL cont’d CONCLUSION It is considered that although there may be some environmental benefit to the Garage Sale Trail, the amount gained is quite small and that it advantages only a relatively small number of households in the municipality who participate. While the Garage Sale Trail organisers have reduced the one year trial price, it is considered that the overall cost outweighs the small benefits received by the broader Banyule community. Involvement in the 2016 Garage Sale Trail is therefore not recommended.
ATTACHMENTS Nil
Ordinary Meeting of Council - 8 August 2016
Page 60
6.1
REPORT ON PROPERTY TRANSACTIONS FOR THE SIX MONTHS ENDING 30 JUNE 2016
Author:
Jeanette Kringle - Property Co-ordinator, City Development
EXECUTIVE SUMMARY At its Ordinary Meeting on 11 July 2016, Council (CO2016/228) requested to receive six monthly reports identifying all land acquired, transferred, exchanged or sold by Council. This report provides an update to the Council and the community in circumstances where settlement of such land and property transactions occurred in the six month period from 1 January 2016 to 30 June 2016. An update of this information will be presented to Council in February and August in each year reporting on the land or property transactions that have been finalised and settled within the preceding six month period ending 31 December and 30 June. RECOMMENDATION That: 1.
Council notes this report which identifies the land and property acquired, transferred, exchanged or sold by Council in the preceding six months ending on 30 June as follows: Land and Property Acquired Address
Zoning
Status/Land Use
14A Bannerman Avenue Greensborough
NRZ3
292 Lower Heidelberg Road Ivanhoe (splay corner)
GRZ1
Reserve for Drainage and Municipal Purposes Road
Area m2 405
9
Land and Property Sold Address
Zoning
Rear 43 Haig Street Heidelberg Heights Adjacent to 7 Dudley Street Ivanhoe 14-18 Livingstone Street Ivanhoe (settled 30/6/2016) 9-13 Flintoff Street Greensborough (settled 1/4/2016) 22 and 24 Peters Street Watsonia (settled 28/6/2016 and 8/6/2016) 29 Alamein Road Heidelberg West (settled 11/4/2016)
GRZ1
Former Status/ Land Use Part road
GRZ2
Part road
194
C1Z
Car park
5355
ACZ1
Office building
2458
GRZ1
Open Space
1050
GRZ1
Kindergarten
1167
Ordinary Meeting of Council - 8 August 2016
Area m2 22
Page 61
6.1
Performance - Use Our Resources Wisely
6.1
Performance - Use Our Resources Wisely
REPORT ON PROPERTY TRANSACTIONS FOR THE SIX MONTHS ENDING 30 JUNE 2016 cont’d 2.
A further report be presented to Council in February 2017 identifying the land and property acquired, transferred, exchanged or sold by Council in the preceding six months ending 31 December.
CITY PLAN This report is in line with Council’s City Plan key direction to “develop and deliver best value services and facilities”. BACKGROUND Under Section 189 of the Local Government Act 1989, Council is required to give public notice of its intention to sell or exchange land. In doing so, it is also compelled to invite submissions from the public before exercising its power and making a decision. Where required, proposals to sell, exchange or transfer land or property are featured in open Council reports, accessible by any member of the public. Such proposals are also supplemented by public notice advertisements which feature in local newspapers and on Council’s website. Despite a track record of complete legislative compliance and transparent decision making, the public does not always keep up to date with Council land and property transactions. In response to this, and consistent with the recently adopted Public Open Space Plan at its meeting on 11 July 2016, Council resolved to receive a report identifying all land acquired, transferred, exchanged or sold by Council every six months. A six monthly report highlighting all land and property transactions facilitated by Council in the preceding six months is anticipated to offer improved openness of such matters for interested persons. For purposes of added transparency, a list of all land and property transactions facilitated by Council for the period November 2012 to 31 December 2015 is shown in Attachment 1 to this report. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. However, in undertaking land property related transactions, Council is required to comply with provisions in Sections 189 and 223 of the Local Government Act 1989 (Act), relating to the giving of public notice, inviting and any considering submissions received. 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 - 8 August 2016
Page 62
REPORT ON PROPERTY TRANSACTIONS FOR THE SIX MONTHS ENDING 30 JUNE 2016 cont’d In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION A total of nine land and property transactions were settled in the period 1 January 2016 to 30 June 2016. The following list details the address, zoning, status and area of each property and the date such matter was considered by Council. Land and Property Acquired Address
Zoning
Status/Land Use
14A Bannerman Avenue Greensborough
NRZ3
292 Lower Heidelberg Road Ivanhoe (splay corner)
GRZ1
Reserve for Drainage and Municipal Purposes Road
Area m2 405
Considered by Council 18 March 2013
9
5 October 2015
Area m2 22
Considered by Council 30 November 2015
Land and Property Sold Address
Zoning
Rear 43 Haig Street Heidelberg Heights Adjacent to 7 Dudley Street Ivanhoe 14-18 Livingstone Street Ivanhoe (settled 30/6/2016) 9-13 Flintoff Street Greensborough (settled 1/4/2016) 22 Peters Street Watsonia (settled 28/6/2016) 24 Peters Street Watsonia (settled 8/6/2016) 29 Alamein Road Heidelberg West (settled 11/4/2016)
GRZ1
Former status/ Land Use Part road
GRZ2
Part road
194
8 February 2016
C1Z
Car park
5355
7 March 2016
ACZ1
Office building
2458
1 December 2014
GRZ1
Open Space
525
17 August 2015
GRZ1
Open Space
525
17 August 2015
GRZ1
Kindergarten
1167
25 May 2015
Several property transactions remain ‘on foot’ with settlements to occur in due course. Such transactions will feature in the next relevant six monthly report. FINANCIAL IMPLICATIONS Given that the land situated at 22 and 24 Peters Street Watsonia was previously included in the Public Park and Recreation Zone (PPRZ), and in accordance with Section 20 of the Subdivision Act 1988, the net proceeds from the sale have been redirected “to improve land already set aside, zoned or reserved for use for public recreation or public resort, as parklands or for similar purposes”.
Ordinary Meeting of Council - 8 August 2016
Page 63
6.1
Performance - Use Our Resources Wisely
6.1
Performance - Use Our Resources Wisely
REPORT ON PROPERTY TRANSACTIONS FOR THE SIX MONTHS ENDING 30 JUNE 2016 cont’d The balance of sale proceeds have been allocated to Council’s reserves which can be identified in audited financial statements featured in the Council Annual Report available to the public in fourth quarter of each calendar year. TIMELINES A further report detailing transactions which have occurred and concluded in the period 30 June 2016 to 31 December 2016 will be presented to Council in February 2017. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the 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 Having effected nine property settlements between January and June 2016, with further transactions remaining on foot, this report aggregates a list of all property matters that were transacted to settlement over the last six months. It is intended that this new practice of reporting to Council on a six monthly basis will further complement Council’s existing legislative practices by delivering higher levels of transparency.
ATTACHMENTS No.
Title
1
List of Land and Property acquired, transferred, exchanged or sold by Council between 1 November 2012 and 31 December 2015
Ordinary Meeting of Council - 8 August 2016
Page 139
Page 64
6.2
ITEMS FOR NOTING
Author:
India Mortlock - Community & Social Planner, Community Programs
6.2
Performance - Use Our Resources Wisely
RECOMMENDATION That Council: 1.
Note the following minutes/reports: a) b) c) d)
2.
Aboriginal and Torres Strait Islander Advisory Committee Meeting on 9 June 2016; Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Advisory Committee Meeting on 21 June 2016; Multicultural Advisory Committee Meeting on 27 June 2016; Disability and Inclusion Advisory Committee Meeting on 29 June 2016.
Write to the Municipal Association of Victoria (MAV) to commend their work over the past three years supporting Aboriginal employment and inclusion, and encourage the MAV to continue funding their Aboriginal Employment Advisory position.
The following Minutes or Reports are presented for noting: 1
Report/Committee Name: Officer: Brief explanation:
Aboriginal and Torres Strait Islander Advisory Committee Theonie Tacticos The Aboriginal and Torres Strait Islander Advisory Committee met on Thursday, 9 June at Council Chambers. 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. Cr Craig Langdon chaired the meeting and Cr Jenny Mulholland also attended the meeting. Four committee members attended the meeting, and three community members attended as guests. There was one recommendation for Council: That Council write to the Municipal Association of Victoria (MAV) to commend their work over the past three years supporting Aboriginal employment and inclusion, and encourage the MAV to continue funding their Aboriginal Employment Advisory position.
Ordinary Meeting of Council - 8 August 2016
Page 65
6.2
Performance - Use Our Resources Wisely
ITEMS FOR NOTING cont’d 2
Report/Committee Name: Officer: Brief explanation:
LGBTI Advisory Committee India Mortlock The LGBTI Advisory Committee met on Tuesday, 21 June 2016 in Rosanna. The minutes from the meeting are in Attachment 2. The aim of the LGBTI Advisory Committee is to provide Council with advice and information on issues facing the LGBTI community and on the development and implementation of Council’s LGBTI Plan. Councillor Mulholland chaired the meeting. Six committee members attended the meeting. There were no recommendations from the meeting.
3
Report/Committee Name: Officer: Brief explanation:
Multicultural Advisory Committee India Mortlock The Multicultural Advisory Committee met on Monday, 27 June in the Nellie Ibbott room. The minutes from the meeting are in Attachment 3. The aim of the Multicultural Advisory Committee is to provide Council with advice and information on issues facing the Multicultural community and on the development and implementation of Council’s Multicultural Plan. Councillor Di Pasquale chaired the meeting and Councillor Langdon, Cr Tom Melican and Cr Briffa also attended the meeting. Eight committee members attended the meeting. There were no recommendations from the meeting.
4
Report/Committee Name: Officer: Brief explanation:
Disability and Inclusion Advisory Committee Shawn Neilsen The Disability and Inclusion Advisory Committee met on Wednesday, 29 June 2016 in the Rosanna meeting rooms. The minutes from the meeting are in Attachment 4. The aim of the Disability and Inclusion Advisory Committee is to provide Council with advice and information on issues facing people with disabilities and on the development and implementation of Council’s Disability Action Plan. The meeting was chaired by a Council officer. Ten committee members attended the meeting. There were no recommendations from the meeting.
Ordinary Meeting of Council - 8 August 2016
Page 66
Performance - Use Our Resources Wisely
6.2
ITEMS FOR NOTING cont’d ATTACHMENTS No.
Title
1
Aboriginal and Torres Strait Islander Advisory Committee - Minutes - 9 June 2016
141
2
LGBTI Advisory Committee - Minutes - 21 June 2016
145
3
Multicultural Advisory Committee - Minutes - 27 June 2016
149
4
Disability and Inclusion Advisory Committee - Minutes - 29 June 16
154
Ordinary Meeting of Council - 8 August 2016
Page
Page 67
7.1
7.1
Sealing of Documents
SEALING OF DOCUMENTS
Authors: Frank Salamone - Civil Construction Coordinator, Assets & City Services & Andrea Turville - Property Officer, City Development
RECOMMENDATION That the Common Seal of the Banyule City Council be affixed to the following documents: 1.
Contract No 0873-2016 Construction of Civil Works Projects.
2.
Deed of Renewal and Variation of Lease between Banyule City Council and Ivanhoe Park Croquet Club Inc for the Council-owned land and improvements at 132 Lower Heidelberg Road, Ivanhoe East for the term of five (5) years commencing 1 July 2016 and ending 30 June 2021, with a commencing rental of $114.08 increased annually by CPI.
The following documents require the affixing of the Common Seal of Council: 1
PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:
2
PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD:
Ordinary Meeting of Council - 8 August 2016
D & V Filipovic & Associates Pty Ltd Frank Salamone F2016/280 Contract No 0873-2016 Construction of Civil Works Projects n/a n/a Original Council report incorrectly had the company listed as DJF Enterprises Pty Ltd, the name that the tender documents were downloaded under. The correct company name and the name that the tender was submitted under is D & V Filipovic & Associates Pty Ltd. Banyule City Council and Ivanhoe Park Croquet Club Inc. Andrea Turville F2013/999 Deed of Renewal and Variation of Lease 132 Lower Heidelberg Road, Ivanhoe East Griffin
Page 69
7.1
Sealing of Documents
SEALING OF DOCUMENTS cont’d BRIEF EXPLANATION:
Council is the owner of the land and improvements at 132 Lower Heidelberg Road, Ivanhoe East. The pavilion and croquet courts (premises) at this location are currently leased to Ivanhoe Park Croquet Club Inc. (Club). The Lease, which expired on 30 June 2016, provided for a further term of five years to be granted to the Club on the same and conditions, save for varying the commencement and ending dates, and the rent. The potential commercial rental income for the premises is valued in the vicinity of $70,000 per annum. In recognition of the community service provided by the Club, the potential commercial rental income is to be waived. The commencing rent will be the most recent rent increased by CPI to $114.08 per annum. A Deed of Renewal and Variation of Lease has been prepared to provide for the further term commencing 1 July 2016. Ratification of the proposal, to renew and vary the Lease, is required by Council resolving to affix Council’s Common Seal to the Deed of Renewal and Variation of Lease.
ATTACHMENTS Nil
Ordinary Meeting of Council - 8 August 2016
Page 70
ATTACHMENTS
4.1
Naming of Reserve in Ironbark Crescent, Ivanhoe Attachment 1
4.2
Construction of a multi-level apartment building at 1 Vine Street, Heidelberg P326/2016 Attachment 1 Attachment 2 Attachment 3 Attachment 4
4.3
Banyule City Council- MAV State Council Motions ........................ 137
Report on property transactions for the six months ending 30 June 2016 Attachment 1
6.2
VCAT Consent Order .................................................................... 113 Proposed permit conditions ........................................................... 116 Original plans ................................................................................ 121
Municipal Association of Victoria (MAV) - State Council Motions 2016 Attachment 1
6.1
Metropolitan Planning Authority's June 2016 Ideas Brochure for the LaTrobe National Employment Cluster ............................... 111
Proposed five to six storey apartment building at 15-17 Livingstone Street, Ivanhoe - P1244/2015 Attachment 1 Attachment 2 Attachment 3
5.1
1 Vine Street HEIDELBERG - Background information ................... 74 1 Vine Street HEIDELBERG - Assessment against Heritage Guidelines ....................................................................................... 83 1 Vine Street HEIDELBERG - Assessment against Clause 55 .................................................................................................... 85 1 Vine Street HEIDELBERG - Plans................................................ 93
LaTrobe National Employment Cluster Attachment 1
4.5
Ivanhoe Development Site - Community Update - June 2016.......... 72
List of Land and Property acquired, transferred, exchanged or sold by Council between 1 November 2012 and 31 December 2015............................................................................. 139
Items for Noting Attachment 1 Attachment 2 Attachment 3 Attachment 4
Aboriginal and Torres Strait Islander Advisory Committee Minutes - 9 June 2016 ................................................................... 141 LGBTI Advisory Committee - Minutes - 21 June 2016 ................... 145 Multicultural Advisory Committee - Minutes - 27 June 2016........... 149 Disability and Inclusion Advisory Committee - Minutes - 29 June 16 ......................................................................................... 154
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 71
Attachment 1: Ivanhoe Development Site - Community Update - June 2016
Attachment 1
4.1
Item: 4.1
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 72
4.1
Attachment 1: Ivanhoe Development Site - Community Update - June 2016
Attachment 1
Item: 4.1
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 73
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 3 1
4.2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 74
4.2
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 1
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 75
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 3 1
4.2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 76
4.2
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 1
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 77
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 3 1
4.2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 78
4.2
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 1
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 79
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 3 1
4.2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 80
4.2
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 1
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 81
Attachment 1: 1 Vine Street HEIDELBERG - Background information
Attachment 3 1
4.2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 82
4.2
Attachment 2: 1 Vine Street HEIDELBERG - Assessment against Heritage Guidelines
Attachment 2
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 83
Item: 4.2
Attachment 2: 1 Vine Street HEIDELBERG - Assessment against Heritage Guidelines
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 84
4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
Attachment 3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 85
Item: 4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 86
4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
Attachment 3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 87
Item: 4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 88
4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
Attachment 3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 89
Item: 4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 90
4.2
Attachment 3: 1 Vine Street HEIDELBERG - Assessment against Clause 55
Attachment 3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 91
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 93
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 94
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 95
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 96
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 97
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 98
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 99
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 100
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 101
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 102
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 103
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 104
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 105
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 106
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 107
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 108
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.2
Attachment 4: 1 Vine Street HEIDELBERG - Plans
Attachment 4
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 109
Attachment 1 4
4.2 4.3
Item: 4.2
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 110
Attachment 4: 1 Vine Street HEIDELBERG - Plans
4.3
Attachment 1: Metropolitan Planning Authority's June 2016 Ideas Brochure for the LaTrobe National Employment Cluster
Attachment 1
Item: 4.3
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 111
Item: 4.3
Attachment 1: Metropolitan Planning Authority's June 2016 Ideas Brochure for the LaTrobe National Employment Cluster
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 112
4.5
Attachment 1: VCAT Consent Order
Attachment 1
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 113
Attachment 1
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 114
Attachment 1: VCAT Consent Order
4.5
Attachment 1: VCAT Consent Order
Attachment 1
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 115
Attachment 2
4.5
Item: 4.5
Attachment 2: Proposed permit conditions
DRAFT CONDITIONS REQUIRED BY PLANNING AND ENVIRONMENT LIST PRACTICE NOTE NO. 2 VCAT REFERENCE NO.
P258/2016
APPLICANT
Kincaid Projects
RESPONSIBLE AUTHORITY
Banyule City Council
DATE OF HEARING
20th July 2016
Plans 1 Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the application plans drawn by Kincaid Projects, Project No.1612 Revision D dated 6th July 2016 but modified to show: (a) Vehicular access to the site to the satisfaction of the Responsible Authority; (b) Built form to be compliant with Standard B17 – Side and rear setbacks of Clause 55.04-1 of the Banyule Planning Scheme unless otherwise agreed by the Responsible Authority (c) The height of the ground level of the building to be raised to address any flooding concerns to the satisfaction of the Responsible Authority; (d) Overlooking to be compliant with Standard B22-Overlooking of Clause 55.04-6 of the Banyule Planning Scheme (e) Allocation of car parking to specific apartments within the development (f) Basement access ramp designed and car parking laid out in accordance with Clause 52.06-8 – Design standards for car parking of the Banyule Planning Scheme (g) Number of bicycle parking spaces reduced to a maximum of 14 and designed in compliance with Clause 52.34 – Bicycle facilities of the Banyule Planning Scheme (h) Details of external facing materials, colours and finishes (i) Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i) The use of an On-site Stormwater Detention (OSD) system; (ii) The connection to the Council nominated legal point of discharge; (iii) The specified flood level for the property. (iv) Flood modelling to prove that flooding of neighbouring properties will not be increased (vi) The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan and STORM report and include drainage details as a result of landscaping.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 116
Attachment 2: Proposed permit conditions
Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.. The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.
Landscape Plan 3 Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show: (a) a survey (including botanical names) of all existing vegetation to be retained and/or removed; (b) buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary; (c) details of surface finishes of pathways and driveways; (d) a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant to be planted throughout the site including four medium sized canopy trees within the front setback and three medium sized canopy trees within the rear setback (mature height of at least 10 metres) planted at a semi-advanced state (minimum pot size 16 litres); (e) All species selected must be to the satisfaction of the responsible authority. (f) The landscape plan must also include an in-ground irrigation system provided to all landscaped areas. (g) Before the use/occupation of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. (h) The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced. Residential Noise 4
The operation of fixed plant and equipment (spa pump/pool pumps/airconditioning unit/ vacuum unit etc.) must not cause a Nuisance (as defined under the Public Health and Wellbeing Act 2008). A Nuisance may include noise, odour or any other thing deemed a “nuisance� under the Act. It is recommended that fixed plant is not located within close proximity to neighbouring residential properties and where practicable, enclosed.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 117
Attachment 2
2
4.5
Item: 4.5
Attachment 2
4.5
Item: 4.5
Attachment 2: Proposed permit conditions
Urban Design / External Appearance 5
All external materials, finishes and paint colours are to be to the satisfaction of the Responsible Authority.
6
Any air-conditioning or cooling units, condensers and the like must not be located on external walls or on balconies without the prior written consent of the Responsible Authority.
7
All pipes (except down-pipes), fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from external view to the satisfaction of the Responsible Authority.
Car Parking / Access 8 Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority. 9
Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.
10
Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and nature strip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.
11
The boundaries of all car spaces, access and egress lanes and the direction in which vehicles should proceed along the access lanes must at all times be clearly indicated on the ground to the satisfaction of the Responsible Authority.
Rubbish Collection 12 Prior to the commencement of the use, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include: (a) Dimensions of waste areas. (b) The number of bins to be provided and capacity. (c) Details on method and frequency of cleaning and maintenance of waste areas. (d) Details of ventilation. (e) Details of unwanted goods storage. (f) Method of waste and recyclables collection including the need to provide for private services. (g) Hours of waste and recyclables collection. (h) Measures to minimise impact upon residential amenity. (i) Method of presentation of bins for waste collection.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 118
(j)
Strategies for how the generation of waste and recyclables from the development will be minimised. (k) Details as to how prospective purchasers will be advised that all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land. When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. ESD Report and Plan 13 Unless otherwise agreed in writing by the Responsible Authority, prior to commencement of the development hereby approved, a Sustainability Management Plan must be submitted to and approved to the satisfaction of the Responsible Authority. Such a plan may consider an implementation plan for measures such as: (a) An average Energy Rating of 6 Stars (b) Central solar gas boosted hot water system (c) Double Glazing. (d) Energy efficient glazing. (e) Energy efficient Heating and Cooling. (f) Reduction of car park mechanical Ventilation including CO2 sensors installed throughout the two car parking areas and connected to mechanical exhaust equipment to lower operational time while maintaining good air quality. (g) Storm water control. (h) Rainwater storage and grey water recycling. (i) Indoor Environment Quality. (j) Ceiling fans to create air movement for warmer winters and cooler summers without air conditioning (k) Light roof colour to help reduce the material heat gains to top floor apartments by reflecting suns rays. (l) Solar roofing panels installed to power all shared lighting systems and car park lighting. (m) Provision of indigenous and/or drought tolerant plants in landscaping areas. Prior to Occupation 14 Unless otherwise agreed in writing by the Responsible Authority the proposed development must not be occupied until:(a) The parking area(s) shown on the endorsed plan(s) have been constructed to the requirements and satisfaction of the Responsible Authority; (b) The garden and landscape area(s) shown on the endorsed plan(s) have been planted to the requirements and satisfaction of the Responsible Authority; (c) Drainage works have been undertaken and completed to the requirements and satisfaction of the Responsible Authority; and (d) The submission and approval of a Waste Management Plan in accordance with condition (12) of this permit.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 119
4.5
Attachment 2: Proposed permit conditions
Attachment 2
Item: 4.5
4.5
Item: 4.5
Attachment 2: Proposed permit conditions (e) (f) (g)
The bicycle parking area is made available for residents and commercial tenants. Basement and under croft lighting is installed in accordance with the relevant Australian Standards. At least one replacement street tree has been replanted within Cape Street.
Attachment 2
VicRoads 15 All discussed or redundant vehicle crossings must be removed and the area reinstated to kerb and channel to the satisfaction of the Responsible Authority and at no cost to the roads Corporation prior to the commencement of the use hereby approved Please note that the proposed development requires reinstatement of disused crossovers to kerb and channel. Separate approval under the Road management Act for this activity may be required from VicRoads (the Roads Corporation). Please contact VicRoads prior to commencing works. Time Limits 16 In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: • The development is not commenced within two years of the date of this permit; •
The development is not completed within four years of the date of this permit;
In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a) Before the permit expires, or (b) Within six months afterwards, or (c) Within 12 months afterwards if the development started lawfully before the permit expired.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 120
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 121
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 122
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 123
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 124
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 125
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 126
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 127
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 128
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 129
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 130
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 131
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 132
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 133
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 134
Attachment 3: Original plans
4.5
Attachment 3: Original plans
Attachment 3
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 135
Attachment 3
4.5
Item: 4.5
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 136
Attachment 3: Original plans
Attachment 1: Banyule City Council- MAV State Council Motions
MAV State Council Meeting – 9 September 2016 To submit a motion for consideration by State Council on 9 September 2016, please complete this form and email to State Council, no later than 12 August 2016. Please note, motions received by 4 August will be distributed to all MAV representatives on 5 August. Submitters may amend their own motions up to 5pm on 19 August 2016.
5.1
Item: 5.1
MOTION INDIAN MYNA BIRD CONTROL Submitted by: Banyule City Council
‘That the Municipal Association of Victoria advocates to the State and Federal Government to ensure the Indian Myna Bird is classified as a pest species in relevant legislation and advocates to establish a coordinated Indian Myna bird control strategy.’
RATIONALE:
Banyule City Council, like numerous other municipalities, has significant numbers of Indian Myna birds. The large numbers can have negative impacts on native bird species due to competition for nesting hollows and territorial behaviour. At a Federal and Victorian Government level there is no program or process to address the population growth of the species or undertake coordinated eradication.
Attachment 1
MOTION:
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 137
5.1
Item: 5.1
Attachment 1: Banyule City Council- MAV State Council Motions
MAV State Council Meeting – 9 September 2016 To submit a motion for consideration by State Council on 9 September 2016, please complete this form and email to State Council, no later than 12 August 2016. Please note, motions received by 4 August will be distributed to all MAV representatives on 5 August. Submitters may amend their own motions up to 5pm on 19 August 2016. MOTION APPOINTMENTS TO THE VISION SUPER BOARD Submitted by: Banyule City Council
Attachment 1
MOTION:
‘That the Municipal Association of Victoria establish a formal and structured application process to nominate and appoint members to the Vision Super Board and that all Victorian Councillors and Executive Officers (ie. CEO and Directors) be encouraged to apply as part of this process.’ RATIONALE: The Vision Super Board requires two members to be nominated by the Municipal Association of Victoria (MAV). Historically the MAV has nominated its own Board members for the positions. A review of the MAV’s process of nominations for the Vision Super Board would enable a more transparent method and allow for a number of qualified individuals from Local Councils to be given an opportunity to sit on the Board.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 138
6.1
Attachment 1: List of Land and Property acquired, transferred, exchanged or sold by Council between 1 November 2012 and 31 December 2015
Attachment 1
Item: 6.1
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 139
Attachment 1: List of Land and Property acquired, transferred, exchanged or sold by Council between 1 November 2012 and 31 December 2015
Attachment 1
6.1
Item: 6.1
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 140
Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee - Minutes - 9 June 2016
Aboriginal and Torres Strait Islander (ATSI) Advisory Committee Minutes from committee meeting 9/6/16, 3-5pm Location: Council Chambers, 275 Upper Heidelberg Rd Ivanhoe
6.2
Item: 6.2
1. Attendances & Apologies
Apologies: Daria Atkinson, Madison Connors, Stephanie Clark, Prue Stewart, Nicole Bloomfield, Mark Mann, John Price, Allison Beckwith 2. Welcome and Introductions Cr Craig Langdon opened the meeting and acknowledged the Wurundjeri as the traditional owners of the land in which we met. Previous Minutes from our meeting on 14th April 14th April: adopted 17/5/16 & noted by Council on 30/5/16 3. Feedback on Reconciliation week activities The Advisory Group noted the great success of this year’s Reconciliation Week. Much of the success was due to the Nhaliggu Bagung art exhibition and also the work of Natashia Corrigan in engaging with the local community. A total of 20 events were held over a six week period. Council is currently writing an evaluation report to reflect on achievements, areas for improvement and assist planning for next year. Reconciliation Week activities included: • Sorry Day Flag raising, smoking ceremony & morning tea at Hatch on 26th May – attended by 200 people including 100 primary school children who then went to see the Film Babakueria in •
Two screenings of the film Putaparri and the Rainmaker hosted by Reconciliation Banyule
•
Activities were scheduled in all three libraries, the most successful was at Ivanhoe library. This was an evening talk on Aboriginal Languages by the Victorian Aboriginal languages Corporation.
•
Aboriginal Cultural Walks in Heidelberg. The two walks were booked out within days of promotion and further walks will be organised
•
Warrior Games Demonstration at Babarrbunin Beek on Mabo Day, June 3, was very successful. We are currently recruiting for 10 men to sign up to the program for 6 months and compete in a demonstration event at Malahang
4. Nhalinggu Bagung (Come Gather) Art Exhibition and workshops around Reconciliation week 2016
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 141
Attachment 1
Attendees: Cr Craig Langdon (Chair), Uncle Colin Hunter, Sharyn Lovett, Cr Jenny Mulholland, Paula Russell, Terry Makin, Theonie Tacticos, Natashia Corrigan, Charles Pakana, Kelvin Onus, Charley Woolmore, Lisa Raywood, Monique Gaskin
Attachment 1
6.2
Item: 6.2
Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee - Minutes - 9 June 2016
It was noted that the launch of the exhibition on 20th April, well-attended by Aboriginal and wider community. This exhibition has now finished and Steph Neoh (Council’s Art Curator) is organising the logistics for the Telstra extension of the exhibition. This is being held in two sites: a chapel gallery at the Abbotsford Convent (which is the home of the Wurundjeri Land Council) and the foyer of the Telstra head office in Exhibition St (CBD) 5. Barrbunin Beek Update– work is progressing well in reinvigorating community activities Natashia Corrigan provided an update. Work is progressing well reinvigorating community activities • Sista Circle women’s group – meets weekly on Tuesdays • Yuloo Kids dance group – following the 14th May workshop held as part of Nhalinggu Bagung activities, a kids dance group has been established that meets Saturdays • Storyline artwork – this is the commitment from the Council Arts grant to tell the story of Barrbunin Beek through artwork panels on the building. Work is on track to have this completed in August • Warrior Games Demonstration – this is the precursor to re-establishing a men’s group • Foodshare continues on a Friday • Community Planting day has been organised with the Bushland crew for 17/6/16 6. Correction to name Barrbunin Beek. It was reported that at the Ivanhoe Library Aboriginal languages corporation talk on 6 June, Many Nicholson highlighted that name of the Gathering Place was being written and pronounced incorrectly. The correct spelling is Barrbunin Beek. The Advisory Group recommended that this be updated in all our documentation – including the sign at the gathering Place. We will need to investigate the process and costs associated with this – i.e. whether a whole new sign is needed or whether some correction can be made?
Action: Amend the spelling of the Gathering Place to its correct spelling of Barrbunin Beek in all documentation, including the signage at the Gathering Place. Responsibility: Council officer.
7. Progress on other Council Activities Council approves three years of funding for positions Members were informed of Council’s decision on the May 30th Council meeting to approve funding for three years for to support our activities with and for Aboriginal communities. • 16 hours Barrbunin Beek Cultural Project Officer • 4 hours Aboriginal Cultural Educator to work with Council service units on staff cultural education, partnerships & changes to service delivery. This is being done in collaboration with Banyule Community health Early Years Partnership with Banyule Community Health Aboriginal Health Team Council’s partnership with the Aboriginal Health Team at Banyule Community Health is continuing in Councils five Child Care Centres, and is now being extended with the Maternal & Child Health nurses Swimming & Lifesaver scholarship program ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 142
Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee - Minutes - 9 June 2016
Banyule’s Aquatic training scholarships will soon commence. An information session is scheduled for 22/7/16.
6.2
Item: 6.2
Open Space Strategy Due to our full agenda, we were not able to accommodate a 20 minute presentation and discussion about the Open Space Strategy. Copies of the Open Space Strategy were available at the meeting and Members were encouraged to provide feedback directly. It was noted that there was no mention of Aboriginal Heritage overlay and that this omission should be rectified.
Action: Feedback that the Aboriginal Heritage Overlay should be noted in the Banyule Open Space Strategy Responsibility: Council officer.
8. NAIDOC Week 3-10 July
Action: Provide feedback on the Banyule Open Space Strategy Responsibility: Advisory Group members.
8. NAIDOC Week Given the extent of other NAIDOC events, it was decided not to organise a Barrbunin Beek event. Council will still fly the flag for the week. 9. Update from the Wurundjeri Land Council Uncle Colin Hunter gave an update about some of the ongoing work of the Wurundjeri Land Council, including treaty discussions in response to recent changes. This is still being clarified, and Uncle Colin Hunter will provide further information when it is available. There was some concern expressed that the Victorian State government had convened meetings to discuss Treaty issues on May 26th, when many of the Traditional Owners had pre-existing Sorry Day Commitments. It was also suggested that it would be useful to have a presentation from the Victorian government to provide clarification.
Action: Invite a representative from the State Government to our next Advisory Committee to discuss the progress, issues & next steps regarding Treaty Responsibility: Council officer
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 143
Attachment 1
Acknowledgement of Aboriginal soldiers Cr Landgon discussed the proposed work to acknowledge Aboriginal soldiers who served in the Australian Armed forces
6.2
Item: 6.2
Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee - Minutes - 9 June 2016
Charley Woolmore also provided an update on the unsuccessful Wurundjeri crowdsourcing campaign to purchase historically and culturally significant Wurundjeri artwork. Instead, Uncle William Barak’s 1897 painting ‘Ceremony’ was bought by a private collector at the 7th June auction. This is a disappointing result for all Victorians, that this significant historical artwork is in a private collection rather than on public display.
Attachment 1
10. Emerging advocacy issues & Other Business 10.1 Municipal Association of Victoria (MAV) discontinuing Aboriginal Employment Advisor position It was noted with concern that the MAV was discontinuing funding their position of Aboriginal Employment Advisory as of 30th June 2016. This position had been held by Lidia Thorpe. The Advisory Committee noted the considerable progress made through having this dedicated position support and encourage Councils to promote and provide services for and with Aboriginal communities. Concern was expressed that this progress would falter without the support of a dedicated position within the MAV. It was also noted that this could be raised at the MAV Council meeting.
Action: Recommendation that Council write to the Municipal Association of Victoria (MAV) to commend their work over the past three years supporting Aboriginal employment and inclusion, and encourage the MAV to continue funding for their 11. NAIDOC Week 3-10 July Aboriginal Employment Advisory position Responsibility: Council officer.
10.2
Reconciliation Banyule letter for Yarra Plenty Regional Library (YPRL) to adopt a Reconciliation Action Plan (RAP)
This was delayed until the next Advisory Committee meeting as the meeting between Reconciliation Banyule and the new the CEO of the Yarra Plenty Regional Library was yet to occur. 11. Review of meeting times As members have different availability, it was agreed to keep the current arrangement of alternating meeting times and venues. As meetings are every two months, this will still allow a range of viewpoints to be heard: 3-5pm for meetings at Council Chambers – 275 Upper Heidelberg Rd Ivanhoe 6-8pm for meetings Barrbunin Beek, Olympic Park, off Catalina St West Heidelberg
12. Thank you and next meeting Cr Craig Langdon concluded the meeting at 6.15pm. Next meeting: 6-8pm Thursday 11th August 2016 at Barrbunin Beek, Olympic Park, off Catalina St West Heidelberg
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 144
Attachment 2: LGBTI Advisory Committee - Minutes - 21 June 2016
6.2
Item: 6.2
Minutes 21 June 2016, 5.30pm-7pm LGBTI Advisory Committee Tom Robert Room, Ivanhoe Town Hall
1. Attendances & Apologies
Cr Jenny Mulholland (Chair), Karen Joy Mccoll, Vita Catalano, Nicole Coad, Sharelle Rowe, Karen Bain, Thomas Conley, India Mortlock, Theonie Tacticos, Allison Beckwith
Apologies:
Cr Craig Langdon (Chair), Meaghan Holden, Samantha Soggee, Jane Grace, Rachel Jovic, Paul Wiseman, Rhett Mcphie
Welcome and Introductions Councillor Mulholland opened the meeting and welcomed Committee members.
2. Previous Minutes Previous minutes were noted by Council on 30 May
3. Business Arising 3.1 Review of Inclusive Toilet Policies Council officers provided an update on this item. At the previous committee meeting, the committee recommended that Council change the language around toilets from disabled to accessible. Council officers checked internally with Buildings maintenance and the language used for signage is ‘accessible’ however often the signage is without explanatory text and just has the symbol of a person in a wheelchair and a male and female symbol. This signage is heavily regulated. Council will shortly start the process of developing a public toilet strategy. The committee agreed that it would be good to provide input into the strategy to advocate for toilet design that is inclusive of LGBTIQ communities. The Committee also agreed that it would be important to have input from transgender community members. Action: Monitor the development of the public toilet strategy and notify the committee when the consultation begins Responsibility: Council Officer
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 145
Attachment 2
Attendees:
6.2
Item: 6.2
Attachment 2: LGBTI Advisory Committee - Minutes - 21 June 2016
3.2 Review of IDAHOT Events The Committee reviewed the three events for International Day Against Homophobia, Biphobia and Transphobia (IDAHOBIT). There was an overall discussion about the need to change the term from IDAHOT to IDAHOBIT in order to incorporate the ‘biphobia’. The Flag Raising Ceremony
Attachment 2
The feedback from the committee included: •
The speaker, a representative from Transgender Victoria, was really excellent. Her speech was long but really informative and she clearly put a lot of effort in. The committee recommended trying to find a younger speaker next year but recognised that this can be difficult to find
•
The minute’s noise worked well again
•
The turnout was less than last year because Ivanhoe Girls grammar only sent a handful of students rather than a whole year group. However there were more community members, representatives from other organisations and politicians than previous years
•
The muffins were not good. Consider a rainbow cake for next year
•
Also consider flying the transgender flag next year
•
Also consider hosting the ceremony at twilight as this may mean more people can attend
•
Also consider reaching out to traders association to get their involvement in the flag raising ceremony. Note that Council will have moved to Greensborough next year so it is yet to be decided where the flag raising ceremony would take place
IDAHOBIT Party in Montmorency The feedback from the committee included: •
The event had a completely different feel to previous years. It had a great atmosphere. It didn’t feel insular, it felt like a community event. It needs to remain a community event in future years and we should continue to partner with a traders association to host the event
•
There could have been more directions and instruction about how the event worked; including where the toilets were, where drinks could be purchased from and what was free and what wasn’t, and which venues were included in the event.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 146
•
It was also quite hard to manoeuvre throughout the restaurant as it was very packed at certain points
•
There was not enough food early on and it would have been good if food had labels on it and info about the ingredients
•
The comedian Tom Ballard was great, very funny although some of the language was a bit too rude. However no complaints were received about this
•
It was great that the Gender and Sexuality Discrimination Commissioner was able to come
•
There was also a suggestion to invite a community radio station to attend the event next year
Inclusion: What Makes a Family photography exhibition This project was led by the Montmorency Traders Association. It aimed to celebrate diverse families. Twenty three entries were submitted and then displayed at hair and body works for one week. Despite efforts to engage schools, no schools got involved in the competition The feedback from the committee included: •
One barrier could have been the requirement for hard copy entries
•
There could have been a stronger link between the exhibition and the IDAHOBIT party
•
If a similar project is done next year, the Arts team could provide assistance by connecting with schools
All this feedback about all of the events will be incorporated into the evaluation report of the events.
New Business: 4.1 LGBTI Plan 2016-17 A Council officer presented the draft 2016-17 LGBTI Plan. There are 19 actions overall. The committee discussed the actions where the committee would have a role. These actions will now be entered into Council’s internal monitoring system and the Committee will have an opportunity to review progress on the actions throughout the year. ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 147
6.2
Attachment 2: LGBTI Advisory Committee - Minutes - 21 June 2016
Attachment 2
Item: 6.2
6.2
Item: 6.2
Attachment 2: LGBTI Advisory Committee - Minutes - 21 June 2016
4.2 New Mind Australia LGBTI Service A representative from Mind Australia presented to the committee about the new LGBTI mental health service that Mind is opening. The service will be in Fitzroy North based out of Northside Clinic and will open in February 2017. The service will include group work, peer work and 1:1 counselling.
Attachment 2
4.3 Gayby Baby Schools Resource A council officer reported that the Gayby Baby franchise has launched two resources; one for year 5 and 6 students and one for years 7-10. The resources have been mapped against the school curriculum in health and physical education. It was launched by the Minister for Equality so it has the State Government’s support. Council has shared the resources with youth services and will continue to promote it to schools.
5 Other Business A council officer reported to the Committee that Council raised the rainbow flag at half mast on Wednesday 15 June to express solidarity with the victims of the Orlando shooting. A committee member also raised that there would be a marriage equality rally in the Melbourne CBD on Saturday 25 June.
6 Thank you and next meeting The next meeting will be on Tuesday 16 August. This will be the final meeting for this term of the committee.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 148
Attachment 3: Multicultural Advisory Committee - Minutes - 27 June 2016
6.2
Item: 6.2
Banyule Multicultural Advisory Committee (BMAC): Minutes from committee meeting 27/6/16 Nellie Ibbott room – Ivanhoe Town Hall
Attendees: Cr Mark Di Pasquale, Cr Craig Langdon, Cr Steven Briffa, Cr Tom Melican, George Giuliani, Rosemary Crosthwaite, Hussein Haraco, Uma Vijay, Albert Fatileh, Maxine Matthews, Gillian Hirst, Ryoko Williams, Allison Beckwith, India Mortlock, Theonie Tacticos. Apologies: Abdirizak Mohamed, Spectrum Representative, Jane Grace, Beverley Moss, Simeon Yang, 2. Welcome and Minutes of previous meeting Cr Di Pasquale formally opened the meeting and the apologies were noted. Previous minutes were sent to Council for noting on 30/5/16 3. Business Arising 3.1 Engagement with Victorian Multicultural Commission
(VMC)
A council officer provided an update on the engagement with the VMC around the Regional Advisory Councils. Council has requested access to the minutes from the meetings of the North and West Metropolitan Regional Advisory Council (RAC) however the VMC only makes copies of the minutes available to the members of the Council. Instead, the VMC will get the MAV to send out a list of the key issues raised by the relevant RACs. Council has also requested information about when there will be an opportunity to apply for a position on the next term of the North and West Metropolitan Regional Advisory Council. We have been informed that the current term of the Council is due to finish and expressions of interest for the new Council will open in October. A council officer proposed that a member from the community and social planning team will apply to be on the Council as it would provide a link with the multicultural advisory committee. The committee agreed with this proposal. Other committee members are also encouraged to apply as representatives of their communities. Action: When expressions of interest open, apply to be on the North and West Metropolitan Regional Advisory Council meetings Responsible: Council officer from Community and Social Planning team
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 149
Attachment 3
1. Attendances & Apologies
6.2
Item: 6.2
Attachment 3: Multicultural Advisory Committee - Minutes - 27 June 2016
3.2 Northland Faith Room A council officer provided an update on the advocacy around the faith room at Northland Shopping Centre. A letter has been sent to the Marketing Manager of Northland Shopping Centre advocating for a faith room to be established. A response was received acknowledging the letter. Council officers are following up again to request a meeting.
Attachment 3
Action: Follow up with the Centre Manager of Northland Shopping Centre to request a meeting about the faith room Responsibility: Council Officer
3.3 Preparation for the Census A council officer provided an update about work to prepare for the Census. The Census is on 9 August and will be online for the first time and only in English. Council wants to work in partnership with CALD communities to ensure there is a high rate of completion of the census. Committee members were encouraged to consider whether the communities they represent will require special assistance, such as translating key messages or holding a special session to assist people to complete the Census. One session is already planned at Shop 48 in West Heidelberg on Census night. A committee member expressed concern about the barriers that people will face, both in terms of low English proficiency and low IT proficiency and/or access to internet. Council will write to the Australian Bureau of Statistics to register this concern. The committee also recommended that Council seek to promote the Census widely and recommended that Council investigate whether the Leader is planning to write any articles. Action: Write to the Bureau of Statistics to register concern about the Census and investigate whether the Leader is planning any articles around the Census Responsibility: Council officer
4. New Business 4.1 Multicultural Arts Projects for 2016-17 A council officer from the Arts and Culture team provided an overview of the planned arts and culture activities for 2016-17. The team is committed to ensure participation from CALD communities and more celebration of diversity. The planned activities include: -
A multicultural food demonstration tent at Malahang
-
Celebrating cultural diversity through the Grand Parade
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 150
Attachment 3: Multicultural Advisory Committee - Minutes - 27 June 2016
-
A workshop with Multicultural Arts Victoria around collaborating with culturally diverse communities
6.2
Item: 6.2
Action: Send through suggestions of cultural performers to Council’s arts officer Responsibility: Committee members
4.2 Fact Sheets in other languages A council officer provided an update on the fact sheet project. Council has revised nine fact sheets on key council issues and will get these translated into eight languages. The topics are: About Banyule, Animals, Your Home, Leisure, Help for older people, Services for children, young people and families, Parking, Planning and Rubbish and Recycling. They will be translated into eight languages (based on 2011 census results of proficiency in English): Mandarin, Italian, Greek, Cantonese, Arabic, Somali, Vietnamese and Macedonian. The committee suggested a number of other languages and requested that Council consider also translating these fact sheets into those languages. A council officer undertook to look at the number of low English proficiency in these languages. Action: Check the low English proficiency rates for the suggested languages Responsibility: Council officer
4.3 Multicultural Plan 2016-17 A council officer gave an overview of the proposed actions for the 2016-17 implementation of the Multicultural Plan. There are 27 actions in total including a range of staff training, advocacy, projects to improve accessibility and events. A committee member commented that it is important to move cultural events across the municipality in order to reach new audiences. Another committee member also commented that within the multicultural plan they would like to see an emphasis on trying to engage all Australians in multiculturalism because many Australians do not feel that multiculturalism is something that involves them. ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 151
Attachment 3
The committee was positive about the idea of the multicultural food demonstration and suggested some famous chefs who could be approached to be involved. The Arts officer also encouraged the committee to contact her with any suggestions of great cultural performers who could perform in the Grand Parade or in the festivals. The contact details of the arts officer be circulated with the minutes.
6.2
Item: 6.2
Attachment 3: Multicultural Advisory Committee - Minutes - 27 June 2016
This feedback will be captured during the development of the new multicultural plan 201721. 5. Other Business
Attachment 3
A committee member gave an overview of events and Iftars that took place throughout Banyule during Ramadan. These included: - Bell St Mall Iftar - SACOV Iftar - Heidelberg Mosque Iftar It was suggested that Council consider hosting an Iftar dinner in 2017. 6. Thank you and next meeting Cr Di Pasquale closed the meeting. The next meeting will be held on 22 August 2016.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 152
Banyule Multicultural Advisory Committee – Action Progress Sheet – 27 June 2016 Note: The actions in the Action Progress Sheet have come out of the Committee meetings. They are in addition to the actions being progressed through the Multicultural Plan. Item:
Action Required:
Responsibility
Status
Engaging with Victorian Multicultural Commission Regional Advisory Councils Prayer Room at Northland Shopping Centre
When expressions of interest open, apply to be on the North and West Metropolitan Regional Advisory Council meetings
Council Officer
In progress
Follow up with the Centre Manager of Northland Shopping Centre to request a meeting about the faith room Write to the Bureau of Statistics to register concern about the Census and investigate whether the Leader is planning any articles around the Census Send through suggestions of cultural performers to Council’s arts officer
Council Officer
In progress
Council Officer
In progress
Committee members
In progress
Check the low English proficiency rates for the suggested languages
Council officer
In progress
Census 2016
2016-17 Arts projects Fact Sheet Project
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 153
6.2
Attachment 3: Multicultural Advisory Committee - Minutes - 27 June 2016
Attachment 3
Item: 6.2
6.2
Item: 6.2
Attachment 4: Disability and Inclusion Advisory Committee - Minutes - 29 June 16
Banyule Disability and Inclusion Advisory Committee (BDIAC) Minutes Committee Meeting 29/06/2016, 5.30 - 7.00pm Council Offices 44 Turnham Avenue, Rosanna 1. Attendance and apologies
Attachment 4
Attendees: Jeff Walkley, Shawn Neilsen (Social Planner), Barbara Brook, Robert Runco, Lisa Raywood (Manager, Health, Aged Services and Community Planning), Nancy Sadka, Luke Nelson, Louise Pearson, Mick Hollman, Simon Chong, Theonie Tacticos, Janice Castledine, Stephanie Krt. Apologies: Sherridan Bourne, Cr Craig Langdon (Mayor), Anna Constas, Cr Jenny Mulholland (Chair) 1. Welcome and introductions Lisa Raywood opened the meeting and noted apologies. In the absence of a Councillor Representative, Lisa substituted as chairperson for the meeting. Previous minutes The minutes from the April 13th meeting were emailed to the Committee on May 5th and considered adopted on May 9th. The minutes were presented to Council and noted at the May 30th meeting of Council. 2. Member Update Due to this item being deferred from previous meetings it was decided to move this item forward in the meeting to give members time for information sharing. NDIS issues and information Members noted that they are aware of many people who are still unprepared for the NDIS and understand little about the scheme. Members reported positive experiences and feedback related to the programs being run by VALID, including the Parents as Planning Partners program which assists families to be ready for the NDIS. It was reported that one member had been encouraged by a Council HACC worker that they should join the NDIS, despite the member stating that they didn’t necessarily feel that the NDIS was relevant to them. Another member reported that they had been approached by a community member with concern and confusion about Council services in the NDIS. They were under the impression that Council services would cease as at July 1. It was confirmed by Council staff that this is not the case and noted that Council needs to continue to liaise with its staff to ensure communications about the NDIS and Council services are clear and understandable to clients and their families.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 154
Attachment 4: Disability and Inclusion Advisory Committee - Minutes - 29 June 16
Members discussed what systems were being set up to ensure that learnings from the NDIS roll out in NEMA are being recorded and captured. It was also noted that there is a need for independent advocacy to ensure that people and services have opportunities to input and influence the roll out the scheme as learnings are gained.
6.2
Item: 6.2
Members discussed the commencement of Local Area Coordination (LAC) services through the Brotherhood of St Lawrence. One member shared that they have commenced employment with the Brotherhood as a LAC and that staff are currently receiving training and that the specific nature of the role and how it will operate on the ground are still being finalised. Actions: Council to contact VALID about the possibility of hosting a Parents as Planning Partners workshop series in Banyule. Council to invite representatives from the Brotherhood of St Lawrence – LAC service to the next Advisory Committee meeting. Council to ask NDIS about local arrangements for monitoring the roll out and learning from local experiences.
3. Council Update – NDIS Service Provision Update The committee was informed that on May 9 Council made the decision to not register as a NDIS service provider. Council committed to supporting current clients to transition to the NDIS through the employment of a dedicated NDIS transition officer. The role of this officer will be to work with families and individuals who access services from Council and are eligible for the NDIS and to assist them to understand the NDIS and make a smooth transition to the scheme. The transition officer will commence on July 5th 2016. All clients have received a letter informing them of Council’s decision and the role of the transition officer. Council is finalising an updated fact sheet which explains Council’s decision and will be placed on the Council NDIS webpage shortly. Members asked about the future of the MetroAccess program which is currently funded by the Department of Health and Human Services (DHHS). Council informed the Committee that this program is currently funded until July 2016 and that Council had advocated and would continue to advocate for the continuation of this program. LAC The Committee was updated about the Local Area Coordination (LAC) service being delivered by the Brotherhood of St Lawrence (BSL). The BSL has recently completed recruitment of LAC staff and is currently in the process of training them. The LAC staff for Banyule and Nillumbik will be based out of Greensborough at their Main Street office. ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 155
Attachment 4
Concern was raised around the options available for people to participate in community activities. The example of sport was given, where more people may receive funding to support them to participate in sporting activities but sporting clubs and opportunities may not be available or not adequately ready to cope with increasing demand.
6.2
Item: 6.2
Attachment 4: Disability and Inclusion Advisory Committee - Minutes - 29 June 16
Council is represented on a reference group with the NDIA, BSL and others which will meet to discuss and provide input into the delivery of LAC services across the NEMA region.
Attachment 4
4. 2016 CENSUS The committee was informed that in the upcoming August 9th 2016 Census some changes had been made that could affect people’s participation. From this year the default option will be to complete the Census online. People will have the option to request a paper form however they will only be informed of this option and the changes via a posted letter. There is some concern that people may disregard the information letter and thus not participate in the Census. The committee was informed that Council was working with the ABS to deliver an information session locally and was also working with local services who could make available internet and computers for those without these facilities. A committee representative from a local community organisation offered to make their free internet computer service available during this time.
5. Disability Action Plan The Committee was taken presented with the draft actions for Council’s 2016/17 Disability Action Plan. This includes a range of actions to be implemented while Council develops its longer term Disability Plan which is likely to cover the period of 2017 – 2021. A copy of the draft actions will be circulated to the committee for comment before a final versions of the plan is presented at the August meeting.
6. Next meeting The next meeting is scheduled for August 10th. It was noted that this is the last meeting of the term of the current committee. After the Council elections, Council determines which committees it will have and allocates Councillors to serve as representatives of these committees. During August and September Council conduct a review of its Advisory Committees including the Disability & Inclusion Committee and members will have the opportunities to provide feedback. 7. Meeting close and Next meeting: Next meeting is scheduled for Wednesday 10th August 5:30pm – 7:00pm.
ORDINARY MEETING OF COUNCIL ON 8 AUGUST 2016 Page 156