Banyule City Council Minutes 4 April 2016 by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 4 April 2016 commencing at 7.45pm

MINUTES

PRESENT ..............................................................................................................................3 APOLOGIES AND LEAVE OF ABSENCE ............................................................................3 CONFIRMATION OF MINUTES.............................................................................................3 DISCLOSURE OF INTERESTS .............................................................................................3 1. PETITIONS......................................................................................................................4 1.1

Sherwood Road, Eaglemont - Petition for the review of Paid Parking .....................4

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ......................................5 3. PLANET – ENVIRONMENTAL SUSTAINABILITY .........................................................5 3.1

Chandler Highway widening....................................................................................5

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT...............................6 4.2

North East Link - Quarterly Report ..........................................................................6

1.2

Petition in relation to proposed amendments to Planning Permit P101/2014 for a performing Arts centre at Loyola College, 325 Grimshaw Street, Watsonia.................................................................................................................7

4.4

Amendment to Planning Permit P101/2014 for additional days and hours at Loyola College Performing Arts Centre, 325 Grimshaw Street, Watsonia ...............8

4.5

Leith Walk, Macleod - Recieve submissions on proposed permanent road closure ..................................................................................................................10

4.6

Consent Order for Planning Application 6/67-75 The Mall, Heidelberg West (P194/2015) ..........................................................................................................11

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ...................13 6.1

14-18 Livingstone Street, Ivanhoe - Proposed Sale of Land..................................13

6.4

One Flintoff Benefits Realisation ...........................................................................14

7.1

Sealing of Documents...........................................................................................16

8.1

Level Crossing Removal Consultation...................................................................17

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

8.2

Defence Force School of Signals (DFSS) Exercising Freedom of Entry Ceremony to Banyule ...........................................................................................17

8.3

Use of Ethical Paper .............................................................................................18

2.1

Review Advocacy Approach to Bullying ................................................................18

2.2

VetRide - Consideration of support .......................................................................19

4.1

Signing the International Charter for Walking ........................................................20

4.3

Construct a second double storey dwelling adjacent to the existing dwelling at 5 Stone Court, Viewbank ..................................................................................21

5.1

50th Anniversary of Long Tan ...............................................................................28

6.2

Kindergartens - Proposed Leases.........................................................................29

6.3

Special Meeting for Councillor Code of Conduct Review.......................................29

6.5

Assembly of Councillors........................................................................................30

7. SEALING OF DOCUMENTS .........................................................................................32 8. NOTICES OF MOTION..................................................................................................32 8.4

Olympic Village 60th Anniversary History Project..................................................32

9 . GENERAL BUSINESS ..................................................................................................32 9.1

Attendance at Recent Events................................................................................32

9.2

Public Participation at Council Meetings ...............................................................34

4. URGENT BUSINESS.....................................................................................................34 CLOSURE OF MEETING TO THE PUBLIC.........................................................................34

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

EXTENSION OF PUBLIC FORUM Resolution (CO2016/73) That the Public Forum be extended until 8pm. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

The Meeting opened at 8.09pm.

Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland. Apologies and Leave of Absence Nil

Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 7 March 2016 Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

Disclosure of Interests Cr Jenny Mulholland declared an indirect interest in item 2.1. Cr Mark Di Pasquale declared a conflicting personal interest in item 2.2. Cr Tom Melican declared a conflicting personal interest in item 2.2.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

PROCEDURAL MOTION Resolution (CO2016/74) That items with speakers being items 1.1, 3.1, 4.2, 4.4, 4.5, 4.6, 6.1, 6.4, 7.1, 8.1, 8.2 and 8.3 be considered before all other items listed on the Agenda. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

1. PETITIONS 1.1

SHERWOOD ROAD, EAGLEMONT - PETITION FOR THE REVIEW OF PAID PARKING

Mr Peter Camilleri spoke to the item. EXECUTIVE SUMMARY A petition with 65 signatures has been received from residents of Eaglemont and Ivanhoe, requesting the review of the need for the paid parking system introduced in Sherwood Road, Eaglemont, in February 2016. The petition prayer is as follows: “We, the undersigned, as local ratepayers, would like to request that Council review the need for, and cancel, the planned introduction of Paid Parking [from the unrestricted parking currently in place] for the13 car spaces adjacent to the Eaglemont Railway Station. The following reasons are offered in support of this position: •

•

The Paid Parking is understood to be a Council Initiative passed at the ordinary Council Meeting of 22 June 2015. which was not accompanied by any Resident Consultation either before or after the Council Meeting. The first some of the local residents became aware of the proposal was in a Council letter to “the Occupier –Sherwood Road”, dated 8 January 2016, others, only recently, when they noticed small signs positioned on tall steel poles. From past experience on Studley Road, the most likely result of introducing Paid Parking [or even just parking restrictions] at those 13 parking spaces will be for the 13 cars to seek parking on Studley Road which is the nearest unrestricted parking location. There is Insufficient available parking on Studley Road in the neighbourhood of the pathway between #54 and #56 Studley Road to absorb 13 additional cars from the Park and Ride group understood to be using those parking spaces on Sherwood Road. This will result in increased congestion in Studley Road and underutilized[sic] spaces on Sherwood Road.”

It is considered appropriate that a parking investigation be undertaken in six months to assess the parking occupancy rates for Sherwood Road and Studley Road, and determine whether modifications to the parking arrangements are necessary.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/75) That Council: 1.

Receive and note the petition.

Commence to monitor and investigate the parking levels in Sherwood Road, Eaglemont, and Studley Road, Ivanhoe, and determine whether modifications to the parking arrangements in the area are appropriate.

A further report be presented to Council on the outcome of the parking investigation in the area in six months from the date of this resolution.

Advise the primary petitioner accordingly.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT Order of Business altered, item 2.1 considered later in meeting.

3. PLANET – ENVIRONMENTAL SUSTAINABILITY 3.1

CHANDLER HIGHWAY WIDENING

Mr Dennis O’Connell spoke to the item. EXECUTIVE SUMMARY The State Government made an announcement on 28 January 2016 that it will adopt VicRoads’ recommendation on widening Chandler Highway, Alphington which includes a new six lane bridge over the Yarra River on the west side of the existing bridge. Council has received letters from both Yarra City Council and Darebin City Council advising of their respective Council resolutions against the proposal. The scope of the project appears to be inconsistent with the objectives of the Transport Integration Act (2009) and Banyule’s Integrated Transport Plan, as such it is considered reasonable to request a review of the project scope and an investigation of the concerns raised by both the Yarra City Council and Darebin City Council. Resolution (CO2016/76) That item 3.1 be deferred to a future meeting of Council. Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.2

NORTH EAST LINK - QUARTERLY REPORT

Mr David Mulholland and Mr Dennis O’Connell spoke to the item. EXECUTIVE SUMMARY There has been no indication by the State Government and VicRoads of any progress on planning for the proposed North East Link in the three months since last reported to Council. Infrastructure Australia has identified the North East Link as a priority initiative to reduce congestion and improve connections in the north east. RACV and the Victorian Transport Association are calling on the State Government to build the North East Link as a matter of urgent priority. Resolution (CO2016/77) 1.

That Council note that the State Government and VicRoads have not progressed planning for the proposed North East Link.

Once the safety review on the intersection of Banyule Road and Rosanna Road is completed, that a meeting be organised with VicRoads and all Councillors, to discuss the outcome and possible solutions to any issues raised.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti

CARRIED

PROCEDURAL MOTION Resolution (CO2016/78) That item 1.2 which is related to item 4.4 be considered prior to item 4.4. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

1.2

4 APRIL 2016

PETITION IN RELATION TO PROPOSED AMENDMENTS TO PLANNING PERMIT P101/2014 FOR A PERFORMING ARTS CENTRE AT LOYOLA COLLEGE, 325 GRIMSHAW STREET, WATSONIA

Sam Forsyth spoke to the item. EXECUTIVE SUMMARY A petition with 87 signatures has been received from residents located in the surrounding area to the south, east and west of the Loyola College School grounds. The petition prayer is as follows: “We, the undersigned, petition or request Council in its consideration of Loyola College’s application for amendments to Planning Permit P101/2014, to exclude from its consideration any and all information, however learned, from Loyola College’s online petition, which is, in any case, formally inadmissible under Council’s guidelines for petitions and joint letters. We further petition the Councillors to reject Items b) and d) of the Application for an Amendment, which seeks to amend Conditions 13 (a) and 14 of the above planning permit. Accordingly, we petition Council to base its consideration of Loyola College’s application on factual matters. These include but are not restricted to: 1.

Loyola College’s pre-existing knowledge that its “existing use right” did not extend to the use of the land for a Place of Assembly.

Loyola College did not appeal the Notice of Decision to Grant a Permit for the construction of the Performing Arts Centre (PAC).

Loyola College commenced construction of the PAC following the granting of the planning permit. (A reasonable interpretation of points 2 and 3 is that Loyola College had accepted the planning permit conditions.)

The amendments sought by Loyola College to Conditions 13 (a) and 14 of the Planning Permit would, if granted, allow almost unrestricted after hours use of the PAC – a potential level of use inconsistent with that of an Education Centre. What has changed in the period between the initial permit and the application for amendment to justify such a significant change?

Loyola College’s request to extend weekday after hours use to 11pm is not supported by the industry practice of professional performing arts companies. A review of current professional theatre, ballet and opera events in Melbourne found that none finish later than 10.40pm, with most finishing before or about 10pm.

The permission to seek approval for additional, event-specific use of the PAC outside school hours is, in any case, available through Condition 13 of the current planning permit.

Increased “after hours” use of the PAC would exacerbate already unacceptable traffic problems in Bungay Street and other nearby streets – a matter that is not adequately covered by the current planning permit and which would require further community consultation. It would also result in a significant negative impact on the amenity of the residents living in these adjoining streets with frequent, late evening movements of PAC patrons.”

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

The petition requests Council to take the above comments into account in considering the application. Resolution (CO2016/79) That: 1.

Council receives and notes the petition being 210 signatories in total.

The concerns raised in the petition be considered as part of the assessment of the requested amendment to Planning Permit application (P101/2014).

The lead petitioner be advised of Council’s decision.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

Cr Steven Briffa left the Chamber at 8.50pm, and returned at 8.52pm.

4.4

AMENDMENT TO PLANNING PERMIT P101/2014 FOR ADDITIONAL DAYS AND HOURS AT LOYOLA COLLEGE PERFORMING ARTS CENTRE, 325 GRIMSHAW STREET, WATSONIA

Cr Jenny Mulholland left the Chamber at 8.59pm, and returned at 9.03pm. Sam Forsyth, Chris Rapson, Ron Whitmore, Lorenzo Rigoni, Ezio Costa and Anne Marie Cairns spoke to the item. EXECUTIVE SUMMARY Planning permission was granted on 20 January 2015 for a purpose built Performing Arts Centre and associated car parking and vegetation removal. A number of conditions were attached to the planning permit to limit the potential for adverse impact upon the neighbouring residential area, including traffic generation. These conditions included restricting the frequency of the use of the building and operating hours, restricting use of a public address system outside the building, limiting the use of the Performing Arts Centre and main School Hall at the same time and limiting the number of seats within the centre. The school are now seeking planning permission to vary these conditions. It is considered that the application should be supported in part as follows: • •

Support use of the Performing Arts Centre from 4pm to 11pm one evening a week from Monday to Friday Support minor amendments relating to public address systems and the number of seats available for patrons of the Performing Arts Centre

The proposed amendment to permit use of the Performing Arts Centre from Monday to Friday up to three nights a week until 11pm and permit use of the School Hall and Performing Arts Centre at the same time for a singular event are not supported.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/80) PART A: That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P101/2014 to Amend Planning Permit P101/2014 to vary operating hours and confirm the intent of permit conditions relating to use of a public address system, Saturday operating hours and the total number of seats available for the audience at the Performing Arts Centre at Loyola College, 325 Grimshaw Street, Watsonia, as follows: 1.

Replace existing Condition 11 to read: Except with the further consent of the Responsible Authority no form of public address system shall be used as part of the Performing Arts Centre building so as to be audible outside the building.

Amend Condition 13 to read: Except with the prior written consent of the Responsible Authority, the Performing Arts Centre permitted by this permit may only operate outside school hours (8am to 4pm) between the following times: (a)

(b) (c)

Monday to Friday: 4pm-10.30pm up to one evening per weekday comprising 10pm for event finish, 10.15pm for patron/audience departure and 10.30pm building closed. Saturday: 8.30amâ&#x20AC;&#x201C;12am up to two days a month comprising 11pm for event finish, 11.30pm for patron/audience departure and 12am building closed. Sundays: 9am-10pm up to two days a month comprising 9pm for event finish, 9.30pm for patron/audience departure and 10pm building closed.

New Condition 13 (d) as recommended is not to be included. 3.

Amend Condition 15 to read: The total number of seats available for patrons within the Performing Arts Centre premises (including outdoor seating) during performances must not exceed 500 except with the written consent of the Responsible Authority.

PART B: Council formally writes to Loyola College to offer technical advice from its engineering and traffic department to assist the College with onsite signage, parking and traffic design considerations to optimise the use of available onsite parking by patrons/audience members for Performing Arts Centre events and thereby mitigate parking and traffic impacts for local residents. PART C: Council notes that this decision would not inhibit Loyola College from seeking amendments to the conditions of use of the Performing Arts Centre in the future once the facility has been in use for a reasonable time period. This would enable the College, in consultation with local residents, to better understand the nature and scale of any adverse impacts associated with the usage of the facility and to seek appropriate amendments to the condition of use that would mitigate any adverse impacts to residents. In this regard Council notes the College's written correspondence regarding a willingness to deny patron access to the school via Bungay Street for certain types of Performance Arts Centre events on the basis that other permit conditions are varied. Moved: Cr Rick Garotti Seconded: Cr Tom Melican

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

ADJOURNMENT OF MEETING Resolution (CO2016/81) The meeting be adjourned for 5 minutes. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

The Meeting recommenced at 9.45pm. Cr Rick Garotti, Cr Jenny Mulholland and Cr Wayne Phillips were not in the Chamber at the time of commencement.

Cr Jenny Mulholland returned to the Chamber at 9.46pm. Cr Wayne Phillips returned to the Chamber at 9.52pm. Cr Rick Garotti did not return to the Chamber.

4.5

LEITH WALK, MACLEOD - RECIEVE SUBMISSIONS ON PROPOSED PERMANENT ROAD CLOSURE

Mr Kevin Biaggini and Janine Rizzetti spoke to the item. EXECUTIVE SUMMARY Council’s resolved at its meeting of 21 September 2015 to commence the statutory procedures to give public notice of Council’s intention to implement the permanent closure of Leith Walk Macleod between Munro Street and Braid Hill Road. In accordance with the Local Government Act 1989 – Schedule 11 clause 10(1)(c) and Section 223, comments on the proposal were requested from the Traffic Management Unit of the Victoria Police, the Metropolitan Ambulance Service and the Metropolitan Fire Brigade. No submission or objections have been received. Public notice was given of the consultation period for the road closure proposal via Council letter and public notices published in the ‘Heidelberg Leader’ and the ‘Heidelberg and Diamond Valley Weekly’ on 9 February 2016 with submissions on the proposal invited under Local Government Act 1989 – Section 223. The submission period closed on 9 March 2016. A total of 16 submissions, including two late submissions were received. No submitters have requested to be heard. This report seeks Council’s formal receipt of the submissions received to date and to hear and receive any further submissions. A report assessing and reviewing the written and oral submissions will be presented to Council at a further meeting for a determination to be made on the permanent road closure.

Resolution (CO2016/82) That Council: 1.

Receive and consider 16 submissions, including two (2) late submissions, received in response to the public notice given of Council’s intention to permanently close Leith Walk, Macleod, between Braid Hill Road and Munro Street. These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Receive a further report at its meeting on 18 April 2016, to determine whether to permanently close Leith Walk, Macleod, between Braid Hill Road and Munro Street.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale

4.6

CARRIED

CONSENT ORDER FOR PLANNING APPLICATION 6/67-75 THE MALL, HEIDELBERG WEST (P194/2015)

Mr Philip Dalton spoke to the item. EXECUTIVE SUMMARY Planning application P194/2015 was refused on 27 August 2015. The application proposed development of a mixed use three-storey building and was not supported by the Development Planning unit due to issues associated mass, bulk and scale as well as safety and vehicle access. The refusal has been appealed by the applicant and the matter has been scheduled to be heard before the Victorian Civil and Administrative Tribunal (VCAT) on 14 April 2016. The applicant has submitted discussion plans (Revision B Received 1 March 2016) seeking Councilâ&#x20AC;&#x2122;s consent to an alternative proposal. The alternative proposal addresses the concerns which resulted in the original application being refused however, the matter is being reported to a Council meeting with respect to a statutory car parking shortfall of seven car parking spaces. Resolution (CO2016/83) That having considered the amended schematic plans dated Council resolved to advise the Permit Applicant and the Victorian Civil and Administration that it agrees to enter into a consent order 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 amended schematic plans (Revision B Received 1 March 2016), but modified to show: (a)

Waste storage areas for each Shop;

(b)

All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA). Where sustainable design features outlined in the SDA 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)

(c)

Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i)

The use of an On-site Stormwater Detention (OSD) system;

(ii)

The connection to the Council nominated legal point of discharge;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

(iii)

4 APRIL 2016

The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided. General 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.

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).

Urban Design / External Appearance 4.

The walls of the development must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

Car Parking / Access 5.

Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

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.

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 Councilâ&#x20AC;&#x2122;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.

Time Limits 8.

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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

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.

Moved: Cr Jenny Mulholland Seconded: Cr Wayne Phillips

CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 6.1

14-18 LIVINGSTONE STREET, IVANHOE - PROPOSED SALE OF LAND

Mr Roger Fyfe, Mr Brian Grace, Mr Dennis O’Connell and Ms Gilda May spoke to the item. EXECUTIVE SUMMARY Council is the owner of a two level car park at 14-18 Livingstone Street, Ivanhoe, (land), which was constructed in association with the Ivanhoe Plaza Shopping Centre, and is subject to a 30 year lease to the current owner, Seacrest Pty Ltd (Seacrest), which expired in January 2013. Seacrest is currently over holding under the expired lease and protracted negotiations to enter into a new lease have been undertaken between Council and Seacrest. Ultimately Council’s senior legal advisors indicate that the negotiations are at an impasse and that litigation may not resolve the stalemate. Legal advice suggests that, in the interest of both parties, an alternative arrangement should be negotiated involving the sale of the land to Seacrest, subject to certain conditions being agreed and Council fulfilling its statutory obligations under the Local Government Act 1989 (Act) prior to the sale of the land. Together with legal expenses, continued ownership of the land may result in Council being entirely liable for all outgoing expenses including maintenance, currently costed at $75,000 annually, potentially with no leasing income depending on the outcome of litigation. Public notice of the Council’s intention to sell the land was given in the Heidelberg Leader” on 19 January 2016, with submissions on the proposal invited in accordance with Section 223 of the Act. The submission period closed on 16 February 2016, with 10 (ten) submissions, including one (1) late submission, being received. At its Ordinary Meeting on 7 March 2016, Council considered the written submissions received, and heard from four (4) of the five (5) submitters who had requested to be heard in support of their written submission, with one submitter not attending the meeting. This report seeks Council’s decision in relation to whether or not to sell the land and, if so, the preservation of 117 public car parking spaces on the land in perpetuity regardless of whether the land continues to remain in its current state or if the land is redeveloped in accordance with the Ivanhoe Structure Plan at some stage in the future.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/84) That: 1.

Having complied with Sections 189 and 223 of the Local Government Act 1989: a. b. c. d.

by giving public notice in the “Heidelberg Leader” on 19 January 2016; and by recording that ten (10) submissions, including one (1) late submission, were received; and by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 7 March 2016 to be heard at that meeting; and by noting the submitters’ concerns;

Council agrees to sell the Council-owned land and improvements known as 14-18 Livingstone Street, Ivanhoe (land) to Seacrest Pty Ltd for the following reasons: • • • •

it resolves the impasse in renegotiating the lease; it provides an opportunity for the land to be redeveloped in the future in accordance with the Ivanhoe Structure Plan; it protects Council from potential ongoing costs associated with owning and maintaining a public car park; and it preserves in perpetuity the retention of 117 public car parking spaces on the land.

The submitters be advised of Council’s decision and the reasons for that decision.

The contract of sale include a provision obligating Seacrest to enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987 requiring the owner of the land from time to time to, amongst other things, provide 117 fully maintained car parking spaces on the land for public use, with such car parking spaces having a minimum time limit of 2 hours and a maximum time limit to be agreed between Council and the owner.

The necessary documentation to effect the sale of the land be signed and sealed at the appropriate time.

Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland

6.4

CARRIED

ONE FLINTOFF BENEFITS REALISATION

Mr Brian Grace spoke to the item. EXECUTIVE SUMMARY The construction of the office development at One Flintoff, above WaterMarc, progresses the realisation of the vision for Greensborough as a place that is economically vibrant and values community and individual wellbeing. It is expected that the construction will be completed in December 2016, with Council staff currently located across three main offices at Rosanna, Greensborough and Ivanhoe moving into the new office in January 2017.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

The One Flintoff project provides a broad range of benefits to the Banyule community that will be realised in the coming years once One Flintoff is completed. These benefits can be broadly categorised as: Community • Substantially improved community facilities in Greensborough. • Provision of a “One Stop Shop” for Council services. • The move of Council operations out of the Ivanhoe office provides the opportunity to revitalise the Ivanhoe Civic Precinct by providing a redeveloped library and community hub. • The move of Council operations out of the Rosanna office provides the opportunity for a redevelopment of a new commercial development and new anchor to the Rosanna commercial area. Environmental • The proposed building will be designed to be highly environmentally efficient. • The leadership shown by Council in the development of such an environmentally sustainable building will become a demonstration project for the development industry in Banyule and should influence further environmentally sustainable development in the municipality. Economic • The construction of One Flintoff in Greensborough provides broader economic benefits to the Banyule community from the construction of the building and the addition of the commercially leased floor that provides the opportunity to attract an estimated additional 150 enduring jobs to Greensborough. • The redevelopment of the Ivanhoe Town Hall as the proposed Ivanhoe Community Hub and the Rosanna office as a proposed supermarket will provide further economic benefit to the Banyule community from the construction activity. • The sale of 9-13 Flintoff Street to Australian Unity will result in a further 30 medical services related jobs in the community. Financial benefits • The commercial floor consists of 2,200 square metres of floor space which is anticipated to have a net rent in excess of $500,000 per annum. • Estimated savings from elimination of travel time, productivity savings and reduction in utility cost/year are projected to be up to $1M per year. • The construction of the meeting facilities frees up space in Watermarc to expand the gym thus providing a greater financial return to Council. Since 2001 Council has consulted with the community extensively on the development of the Greensborough Structure Plan, the construction of WaterMarc and the construction of the One Flintoff office building. This has included community meetings, information sessions, festival stands, business breakfasts, Banyule Banner articles, website information, information in local papers, fact sheets and direct mail outs to stakeholders, traders and adjoining properties. Consultation meetings have also continued with Greensborough traders, the Greensborough Consultative Committee and the operator of WaterMarc facility during the detailed design stage and construction of the project. A detailed Consultation Plan has also been developed and will be progressively rolled out during the construction of the project.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/85) That Council: 1.

Note the benefits provided by the One Flintoff (WaterMarc) initiative.

Note recent concerns raised by the State Member for Bundoora, Colin Brooks MP, in the media and in a direct letter correspondence with local residents regarding One Flintoff.

Write to Colin Brooks MP and Parliamentary Services Victoria seeking details on the costs to Victorian tax payers associated with Mr Brooks' direct letter correspondence with local residents. Further clarification whether the actions by Mr Colin Brooks with the above letter falls within Parliament guidelines.

Authorise the Mayor to write on behalf of Council to all residents and ratepayers clarifying Council's services and finances noting the range of benefits that One Flintoff provides. This letter should include a statement from Council calling on Local, State and Federal Government representatives in Banyule to work together to deliver quality services and infrastructure and to cease political bickering in what is a Federal and Local Government election year. The letter to be followed up with a fact sheet distributed to residents and ratepayers. Council to utilise existing communication channels to clarify the intent of this resolution.

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa

7.1

CARRIED

SEALING OF DOCUMENTS

Mr Roger Fyfe spoke to the item. Resolution (CO2016/86) That the Common Seal of the Banyule City Council be affixed to the Deed of Assignment for Private Parking Agreement at 72-84 Upper Heidelberg Road, Ivanhoe. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

8.1

4 APRIL 2016

LEVEL CROSSING REMOVAL CONSULTATION

Cr Steven Briffa submitted a Notice of Motion.

Cr Jenny Mulholland left the Chamber at 11.14pm.

Mr Kevin Biaggini spoke to the item.

Cr Jenny Mulholland returned to the Chamber at 11.16pm.

Resolution (CO2016/87) That this item be deferred to a future Meeting of Council. Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland

8.2

CARRIED

DEFENCE FORCE SCHOOL OF SIGNALS (DFSS) EXERCISING FREEDOM OF ENTRY CEREMONY TO BANYULE

Cr Craig Langdon submitted a Notice of Motion.

Mr Kevin Biaggini spoke to the item and also spoke to Item 5.1.

Resolution (CO2016/88) That: 1.

Council invite the Defence Force School of Signals (DFSS) to exercise its right to march in Banyule City by Granting of Freedom of Entry (FOE).

A report be presented to Council on the costs associated with the event.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

8.3

4 APRIL 2016

USE OF ETHICAL PAPER

Cr Craig Langdon submitted a Notice of Motion:

Mr Roger Fyfe and Ms Mary Anne Boyd-Squires spoke to the item.

Resolution (CO2016/89) That a report be presented to Council regarding the use of ethical office paper in its operations and any implications of signing the Wilderness Society of Victoriaâ&#x20AC;&#x2122;s Ethical Paper pledge. Such a report is to include advice from Councilâ&#x20AC;&#x2122;s Environment Advisory Committee. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

2.1

CARRIED

REVIEW ADVOCACY APPROACH TO BULLYING

Cr Jenny Mulholland declared an indirect conflict in item 2.1 Review Advocacy Approach to Bullying, due to conflicting duties on the basis that her employer will be holding a fundraiser for the promotion of the anti-bullying video. Cr Mulholland left the Chamber at 11.36pm. EXECUTIVE SUMMARY Bullying is generally defined as the repeated verbal, physical, social or psychological aggressive behaviour by a person or group directed towards a less powerful person or group that is intended to cause harm, distress or fear. There is well documented evidence and data in Australia and internationally that show the prevalence and impact of bullying on children and young people. 1.

Council receive a report on the 4 April 2016 regarding promotional opportunities to schools and the wider community in the documented affects associated with bullying. 2. The report identifies locally produced documentaries based on the impacts of bullying in the community. 3. Council receive advice on the best approach to advocate on the issues associated with bullying. Bullying is a complex and multipronged issue and requires sensitive and diverse strategies accordingly. While bullying happens across the country every day, educators and parents are working together to do what they can to eliminate bullying both at home and school. This reports highlights work undertaken at a National, State and local level to address the issue of bullying and raise awareness and provide support. Schools are supported to develop strategies within their school communities. There are excellent resources available both online and in print through government departments, peak bodies, community based organisations and foundations for schools, individuals and parents on how to deal with bullying. Many programs have also been created locally to tackle the problem.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Banyule also delivers a range of initiatives that directly and indirectly address the issues associated with bullying. These will continue to be reviewed and further developed through evaluation and continuous improvement. Resolution (CO2016/90) 1.

That Council note the information contained in this report and continue to support initiatives that raise the awareness of bullying in the community.

That Council again places this issue of bullying to the next Youth Summit and the various Council committees.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

CARRIED

Cr Jenny Mulholland returned to the Chamber at 11.38pm.

2.2

VETRIDE - CONSIDERATION OF SUPPORT

Cr Mark Di Pasquale and Cr Tom Melican declared a conflicting personal interest in item 2.2 VETRide - Consideration of Support, being that both Councillors participated in the event and both paid a $300 entrance fee personally. In accordance with (s79B) of the Local Government Act 1989, both Councillors sought the Councilâ&#x20AC;&#x2122;s approval to be excused from voting on the item.

That Council consent to Cr Mark Di Pasquale and Cr Tom Melican being exempt from voting on item 2.2 VETRide - Consideration of Support due to a declaration of conflicting personal interest, and notes that both Councillors have paid their own entrance fee of $300 each. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

CARRIED

Cr Tom Melican and Cr Mark Di Pasquale left the Chambers at 11.40pm

EXECUTIVE SUMMARY Council on 7 March resolved to acknowledge its support for the VetRide and the work it does in looking after the welfare of Vietnam Veterans. A report is presented on the consideration of a donation towards the Service and the Sacrifice Tour 2016. Banyule administers requests for grants and donations through its grants program. This request for a donation is outside of the grant rounds. Council needs to determine whether or not to allocate the funds.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/91) That Council determine to allocate $5,000 towards the Sacrifice Tour 2016, the funds be allocated from the current budget. Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland

CARRIED

Cr Tom Melican and Cr Mark Di Pasquale returned to the Chamber at 11.41pm.

4.1

SIGNING THE INTERNATIONAL CHARTER FOR WALKING

EXECUTIVE SUMMARY One of the Banyule Integrated Transport Plan (BITP) objectives is to encourage walking for transport in Banyule. The importance of being active for health benefits is also an underlying principle behind the Banyule Recreation Plan and the Municipal Health and Wellbeing Action Plan. A key action of the BITP recommends that Council sign the International Charter for Walking. The charter identifies the needs of people on foot and provides a set of eight principles to help authorities create a culture where people choose to walk. These are to: 1. 2. 3. 4. 5. 6. 7. 8.

Increased inclusive mobility – ensuring safe and accessible walking infrastructure for all. Well designed and managed spaces and places for people – ensuring streets are designed for people not only cars. Improved integration of networks – connected walking routes and transport links. Supportive land-use and spatial planning – emphasis on walking access. Reduced road danger – slowing traffic and ensuring safe crossings. Less crime and fear of crime – ensure lighting of paths and unobscured visible walking routes. More supportive authorities – commit to a walking plan for the community. A culture of walking – encourage, support and celebrate walking in the community.

The Charter has been signed by municipalities globally. Local signatories include Melbourne, Monash, Manningham and Darebin Council’s. It is recommended that Council signs the International Charter for Walking. Signing the Charter will demonstrate Council’s acknowledgement of the importance of walking and increase walking awareness leading in to the planned development of a Banyule Principal Pedestrian Network and a Banyule Walking Strategy. Resolution (CO2016/92) That Council signs the International Charter for Walking. Moved: Cr Tom Melican Seconded: Cr Wayne Phillips

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4.3

4 APRIL 2016

CONSTRUCT A SECOND DOUBLE STOREY DWELLING ADJACENT TO THE EXISTING DWELLING AT 5 STONE COURT, VIEWBANK

EXECUTIVE SUMMARY This report considers a planning permit application for a multi-unit development (new double storey dwelling adjacent the existing dwelling) at 5 Stone Court, Viewbank. It is considered that the proposal fails to address Councilâ&#x20AC;&#x2122;s Residential Neighbourhood Character local policy and Clause 55 of the Banyule Planning Scheme with particular areas of concern being the proposed front setback, the design and built form of dwelling 2, the lack of opportunity to provide an open front setback with a garden setting and inadequate planting of large canopy trees throughout the site. There are also concerns with sense of address and vehicle manoeuvring. It is recommended that the application be refused. Resolution (CO2016/93) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit Notice of Decision be issued in respect of Application No. P670/2015 for Multi-unit development Construct a new double dwelling adjacent to the existing dwelling at 5 Stone Court VIEWBANK subject to the following conditions: Plans 1.

Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: a)

The crossover providing access to the new dwelling reduced to 3 metres wide;

The driveways to be finished in earthy natural tones such as dark grey or browns to blend with vegetation;

Screening provided to the windows and balconies of the existing dwelling to address the standard B22 of Clause 55;

The turning circle for the existing dwellingâ&#x20AC;&#x2122;s garage modified to comply with Clause 52.06 to provide efficient and safe entry/exit to the garage;

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

f) g)

Landscaping as required by Condition 2 of this permit; 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 outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

Please note the Engineering plans must show all protected and/or retained trees on the These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

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 Tree Preservation Fencing in accordance with Condition 11 of this permit;

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

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

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;

The location of external clothes lines.

The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a)

Details of planting within the site;

(b)

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

(c)

Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

(d)

Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(e)

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

(f)

Provision of replacement planting for vegetation that is to be removed including a minimum of two (2) large canopy trees (mature height of at least 12m) planted at a semi-advanced state (minimum pot size 40 litre) and two (2) medium canopy trees (mature height of at least 8-12m) planted at a semi-advanced state (minimum pot size 16 litre) and two (2) small canopy trees (mature height of at least 5m) planted throughout the site;

(g)

An indigenous and/or drought tolerant planting theme;

(h)

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

(i)

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

General 3.

The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until the tree protection measures required by Condition 11 are installed to the satisfaction of the Responsible Authority.

Unless otherwise agreed in writing by the Responsible Authority the new dwelling permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).

Car Parking / Access 6.

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.

Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

Tree Protection / Landscaping 9.

Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be 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.

10.

Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

11.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones and associated fencing must be established around Trees #1, #2, #3, #4, #5 & #6. At least 7 days prior to the commencement of works you must contact Councilâ&#x20AC;&#x2122;s Development Planning Unit on 9457 9808 so that an inspection of the Tree Preservation Fencing can be carried out.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

12.

4 APRIL 2016

Once installed and inspected the Tree Preservation Zones must be maintained until the conclusion of works to the satisfaction of the Responsible Authority, and must meet the following requirements: a)

Extent

Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property. 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.

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

Fencing i.

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 46872007 Temporary fencing and hoardings.

iii.

The fences must not be removed or relocated without the prior consent of the Responsible Authority. 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”.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

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

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

ii.

No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

iii.

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

iv.

Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

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 ‘Air-Excavation’ 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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Tree Pruning Assessment 13.

Prior to the commencement of works, the project arborist must determine the canopy impact on Trees #3 and #4 in regards to any pruning required to enable a clearance from the proposed dwelling (including any temporary scaffolding requirements), and advise council’s development planning arborists on (03) 9457 9808. Following written approval from the Responsible Authority, all tree pruning must then be carried out by a qualified arborist in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority. NOTE:

Any requirement for excessive pruning may trigger the need for a Section 72 Amendment application in regard to the design of built-form.

Time Limits (1)

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: •

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

•

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

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

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

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

PERMIT NOTES (A)

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

(B)

Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. 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 (i.e. Local Law Permit).

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

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. .

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 11 should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: •

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

•

All root excavation be carried out by hand digging or with the use of ‘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 1 (existing) 5 Stone Court VIEWBANK Dwelling 2 (proposed) 3 Stone Court VIEWBANK

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

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 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property). The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) must not cause a Nuisance (as defined under the Health Act 1958). 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. Moved: Cr Steven Briffa Seconded: Cr Wayne Phillips

5.1

CARRIED

50TH ANNIVERSARY OF LONG TAN

EXECUTIVE SUMMARY Council in September 2015 resolved to investigate how best to commemorate the 50th Anniversary of the Battle of Long Tan (Vietnam Veterans Day) on 18 August 2016 within the City of Banyule. The resolution contained a number of suggested initiatives and Council officers have since met with the main stakeholders including the local RSLâ&#x20AC;&#x2122;s and the Diamond Valley Vietnam Veterans Association and for the funding of the proposed commemoration activities to be included in the 2016/17 budget allocations. As a result a number of events and activities are being proposed. Funding is required from the current financial period with a further allocation required from the 2016/17 Budget. This report seeks Council endorsement for the program of events and the approval of funding. Resolution (CO2016/94) That Council commemorate the 50th Anniversary of the Battle of Long Tan during 2016 and that a budget of $24,700 be allocated from the current 2015/16 Budget and a further $28,500 be allocated from the 2016/17 Budget. Moved: Cr Steven Briffa Seconded: Cr Jenny Mulholland

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

6.2

4 APRIL 2016

KINDERGARTENS - PROPOSED LEASES

EXECUTIVE SUMMARY Council owns and leases the land and improvements at 23 kindergartens within the municipality. The leases, which did not provide an option for a further term, have expired (expired leases). It is now proposed that Council enter into new leases with each of the entities that currently offer kindergarten services from the 23 kindergartens (proposed leases). The proposal, which is to enter into new leases with each of the entities that currently offer kindergarten services from the 23 kindergartens, has triggered the need to give public notice under section 190 of the Local Government Act 1989 (Act). In accordance with section 190 of the Act, public notice was given in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00pm on 16 March 2016, with no submissions being received. This report seeks Council’s decision on the granting of leases for a term of five (5) years, with no further term, at the commencing rent of $454.00 per annum plus GST for one room kindergartens and $654 per annum plus GST for two room kindergartens. Resolution (CO2016/95) That the report be deferred to a future Council meeting. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

6.3

CARRIED

SPECIAL MEETING FOR COUNCILLOR CODE OF CONDUCT REVIEW

EXECUTIVE SUMMARY The Local Government Act 1989 section 76C requires each council to adopt a Councillor Code of Conduct. The reforms arising from the Local Government Amendment (Improved Governance) Act 2015 require councils to review and comply with new requirements for the Councillor Code of Conduct by 4 July 2016. A special meeting must be called solely for the purpose of reviewing the Councillor Code of Conduct. The Local Government Act 1989 (Act) provides for the setting of meeting dates and Council is required to give public notice of the special meeting. Resolution (CO2016/96) That: 1.

In accordance with Section 76C(1) of the Local Government Act 1989 (the Act), a Special Council Meeting be set for Monday, 9 May 2016 at 7.00pm to review and adopt the Banyule Councillor Code of Conduct; and

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

In accordance with Section 89(4) of the Act a public notice advising of the Special Council Meeting be published in the local newspapers.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

CARRIED

PERFORMANCE â&#x20AC;&#x201C; USE OUR RESOURCES WISELY

6.5

ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) b)

the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1

Date of Assembly:

7 March 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 7 March 2016 (excluding confidential items) as listed below: 1.1 Petition for Parking Restrictions - Olympic Leisure Centre 2.1 Petrie Park and Rattray Reserve Draft Master Plans 4.1 Heidelberg and Bell Street Mall Parking Plan (Revised Draft) 4.2 Substituted Plans for VCAT hearing for development of five double storey dwellings at 34 - 36 Munro Street, Macleod 4.3 Ivanhoe Grammar School - Transition to Compliance 4.4 Urban Planning and Building Activities Report 4.5 Draft Residential Parking Permit Policy Consultation Timeframes 6.1 Items for Noting 6.2 Councillor Strategic Planning Workshop 6.3 MAV - Provision of a Recruitment Services Contract 6.4 Election Period Policy

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

6.5 14-18 Livingstone Street, Ivanhoe - Hear submissions on proposed sale of land 6.6 Community Information and Support Services - Shop 48 The Mall, West Heidelberg 6.7 9 John Street, Ivanhoe - Proposed lease to Ivanhoe Bowling Club Inc 6.8 Assembly of Councillors 7.1 Yarra Plenty Regional Library Supplemental Agreement 8.1 Remotely Piloted Aircraft (RPA or Drones)/Unmanned Aerial Vehicles (UAV) and Model Aircraft 8.2 Traffic Investigation - Rushworth Street and Reeves Street, and Watsonia Primary School 8.3 Funding Safe Schools Coalition Australia Program in Schools 8.4 VetRide and its support to the Vietnam Veterans 8.5 Advocacy for vital transport infrastructure in Banyule and the North East of Melbourne 8.6 Review Advocacy Approach to Bullying 8.7 Banyule City Council Procurement Policy 8.8 Sealing of Macleod Park Car Park Councillors Present:

Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present:

Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Marc Giglio – Director Corporate Services Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communication Emily Outlaw – Council Governance Liaison Officer Amanda Cuxson – Development Planning Team Leader Joel Elbourne – Manager Urban Planning & Building Joseph Tabacco – Manager Property & Economic Development Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws

Others Present:

Nil

Conflict of Interest:

Cr Tom Melican – item 8.4 Cr Mark Di Pasquale – item 8.4 Cr Jenny Mulholland – item 8.6

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Resolution (CO2016/97) That the Assembly of Councillors report be received. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

7. SEALING OF DOCUMENTS Refer to Procedural Motion on page 4.

8. NOTICES OF MOTION 8.4

OLYMPIC VILLAGE 60TH ANNIVERSARY HISTORY PROJECT

Cr Craig Langdon submitted a Notice of Motion: Resolution (CO2016/98) That Officers include the following additional initiatives in their investigation and report back to Council on the promotion of the history of Olympic Village in West Heidelberg in the lead up to the 2016 Olympic Games in Rio De Janeiro: • • • • • • • •

Landscaping improvements along the side of the leisure centre in Alamein Road. Lighting of the Olympic rings in Alamein Road. Improvements to stone feature in the Village Green. Improvements to the Southern Road entrance to the City. Reorientate the existing bus shelter so that patrons are facing towards the oncoming bus. Painting/improvement of the metal guards protecting the windows along the side of Olympic Leisure. Development of an urban design plan to document the proposed improvements and to be used for consultation with residents and traders. Event to celebrate the Rio Olympics and the improvement to the Olympic Village.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

GENERAL BUSINESS

9.1

ATTENDANCE AT RECENT EVENTS

CARRIED

Cr Jenny Mulholland noted the following events and meetings that have occurred since the last Council Meeting: Tuesday, 8th March 2016 International Women’s Day Brunch held at Heidelberg Golf Course Cr Mulholland wanted to thank the Mayor Craig Langdon and Cr Tom Melican for attending. 32

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

4 APRIL 2016

Tuesday, 8th March 2016 Girl Rising - International Womenâ&#x20AC;&#x2122;s Day event held at the Watsonia Library. The event featured a young local woman, Nadeesha Fernandez, who volunteered in a community in Sri Lanka, and another local woman, Uma, who is helping to rebuild a school in India. Thursday, 10th March 2016 Women in Business Day Lunch held in the Great Hall. Guest Speaker/Q &A Session was Chyka Keebaugh from The Real House Wives of Melbourne. Cr Mulholland would like to thank Chyka for speaking to every female in the room that approached her and was happy to have her photo with them. Cr Mulholland would also like to thank the Mayor Craig Langdon for his attendance along with the Deputy Mayor Cr Steve Briffa and Cr Tom Melican. Thursday, 10th March 2016 IGS Ridgeway Campus Musical Songs for a New World; a wonderful evening was had by all. Sunday, 13 March 2016 Holi Indian Festival, held in the Streeton Room at The Centre Ivanhoe. The event included international dancers and a great afternoon was had by all. Cr Mulholland wanted to say thank you to the Mayor Craig Langdon for attending, and both Cr Mulholland and Cr Langdon were honoured to each be presented with a plaque. Ministerial visit to Ivanhoe Park This was for the announcement of the $100,000 grant towards the female change rooms. Banyule City Councilâ&#x20AC;&#x2122;s contribution towards the project is around $1.4million. Wednesday, 16th March 2016 Cultural Diversity Week at Rosanna Fire Station Community House. A great evening of music and dance was had by all. Cr Mulholland wanted to thank the Mayor Cr Craig Langdon for attending. Saturday, 19th March 2016 Relay for Life at Willinda Park was a moving experience. Cr Mulholland was honoured to represent the Deputy Mayor Cr Steve Briffa and read out his speech. Cr Mulholland also wanted to thank the Mayor Craig Langdon for attending. Saturday, 19th March 2016 Twilight Sounds at Sills Bend; a wonderful night was had by all. Cr Mulholland wanted to once again thank staff for all their effort, as well as the hard-working volunteers. Thank you also to the Mayor Craig Langdon and also Cr Rick Garotti. Sunday, 20th March 2016 Grand Parade and Kids Arty Farty Fest. The march took place from Mount Street down Burgundy Street, Heidelberg, to Sill Bend. Tuesday, 22nd March 2016 Age in Focus photographic exhibition at The Mall. Cr Mulholland wanted to say thank you to the Mayor for attending.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016

MINUTES ORDINARY MEETING OF COUNCIL

9.2

4 APRIL 2016

PUBLIC PARTICIPATION AT COUNCIL MEETINGS

Cr Wayne Phillips advised that he will discuss with fellow Councillors and staff Councilâ&#x20AC;&#x2122;s current processes for public participation with a view to review the current rules of participation.

4. URGENT BUSINESS Nil

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1 and 11.2. Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

CARRIED

The Meeting was adjourned at 12.06am.

The Meeting was closed to the public at 12.11pm.

DATED:........................... DAY OF ........................... 2016

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 18 April 2016