Page 1

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 5 May 2014 commencing at 7.45pm Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

The Mayor’s Acknowledgement of the Wurundjeri People “Our Meeting is being held on the traditional lands (country) of the Wurundjeri people and I wish to acknowledge them as the traditional owners and pay my respects to their Elders.” Apologies and Leave of Absence Confirmation of Minutes Ordinary Meeting of Council held 14 April 2014 Disclosure of Interests 1. Petitions 1.1 Constructed Carpark within Banksia Street Reserve ............................................... 3 1.2 Proposed Development (19 units) at no. 59 Cape Street, Heidelberg .............................................................................................................. 6 REPORTS: 2. People – Community Strengthening and Support 2.1 Indigenous Participation Project .............................................................................. 9 3. Planet – Environmental Sustainability 3.1 Environmentally Sustainable Development Local Policy ...................................... 13 3.2 Banyule Environment Advisory Committee (BEAC) Nominations 2014 ..................................................................................................................... 17


AGENDA (Cont’d) 4. Place – Sustainable Amenity and Built Environment 4.1 1-3 McKenzie Court, Greensborough, & 3 Somerleigh Crescent, Greensborough - Proposed Sale of Land .............................................................. 19 4.2 New Residential Zones ......................................................................................... 30 4.3 Northern Horizons ................................................................................................. 35 4.4 Saxam Homestead - Planning Scheme Amendment C94 ..................................... 38 5. Participation – Community Involvement in Community Life 5.1 Preparation of Banyule's City Plan 2013 - 2017 (Year 2) ...................................... 41 6. Performance - Use Our Resources Wisely 6.1 Preparation of Budget for period 1 July 2014 to 30 June 2015 ............................. 57 6.2 Draft Planning and Building Enforcement Framework ........................................... 74 6.3 Community Information and Support Services Review .......................................... 81 6.4 Assembly of Councillors ........................................................................................ 85 7. Sealing of Documents Nil 8. Notices of Motion 8.1 Prospective Candidate - State Election 2014 ........................................................ 89 8.2 Olympic Village Learning Hub ............................................................................... 90 9. General Business 10. Urgent Business Closure of Meeting

Ordinary Meeting of Council - 5 May 2014

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1.1

CONSTRUCTED CARPARK WITHIN BANKSIA STREET RESERVE

Author:

Kerryn Woods - Executive Assistant/Project Officer, City Development

Ward:

Griffin

File:

F2014/36

SUMMARY A petition with seven signatures has been received. The petition prayer is as follows: “REQUEST FOR APPROVAL OF PARKING DECISION IN SHERWOOD LAND EAGLEMONT We the undersigned present this petition to Council to appeal the decision made at the Ordinary Meeting of Council on March 3,2014 to remove the car park recently constructed at the side of the Reserve in Sherwood Lane' The residents in this small area, with homes and garages facing onto this lane are greatly disadvantaged by this decision:

Unlike other ratepayers in Eaglemont and surrounds, we have insufficient alternative parking available for any purpose.



Other residents in the community have the option of Street Parking in addition to their private off-street parking'

Like them, we need to be able to stop for a short time to drop something off, or pick someone up. We have tradesmen to our homes who need to be close to their vehicles, and we have deliveries made. It is not practicable for these purposes to use either Banksia Street or Studley Road as those entrances are a very long distance from our doors. And totally useless for tradesmen' Council has seen fit to allow high-density development in this small area with little consideration for parking needs:

The parking space in dispute has proven to be extremely useful and has eased constriction in the laneway.

Previously, people simply stopped their cars in the middle of the lane for some minutes while attending to deliveries or urgent short-term matters' There is no resident at tire Reserve-end of the lane who does not use this disputed parking space frequently, and very few in the entire lane who have not taken advantage of this space.

Ordinary Meeting of Council - 5 May 2014

Page 3

1.1

Petitions


Petitions

CONSTRUCTED CARPARK WITHIN BANKSIA STREET RESERVE cont’d

1.1

We all value the Reserve and all agree that we would not want to see this green space further compromised:

But the reality is that we need the parking space that is in dispute and wish there were more spaces available to us.

We all appreciate that that the parking space was constructed without a permit:

However, if this space is removed, we will be petitioning Council to create the space again'

Could Council please consider the advantage of having this space already in existence, without Council having to pay for it? 

It has saved money for the tax payers of Banyule.

Parking and other traffic issues and hazards in Sherwood Lane will need a great deal of Council consideration as new residents continue to move in and live around this narrow lane:

The, increase in traffic is becoming an increasing danger for children and dogs. Many people use the lane as a short-cut from Banksia Street to Studley Road to avoid the intersection.



Many cars speed along the lane.

The following would greatly alleviate the traffic jams caused by two-way traffic, speeding, and lack of parking: 

A One-Way sign at the Banksia street end to prevent entry at that end



Speed humps will reduce the speeding



Retention of the disputed parking space will assist with a chronic shortage of casual Parking needs.

The two existing spaces outside 115A & B are used full-time by the residents of those homes due to the poor construction of their driveways that make them near impossible to use. Other parking is available further down the lane to Studley Road, but this is never available for residents from Monday to Friday' The lane is filled all day from early in the morning by people from outside the area working at the hospital. This laneway parking down to Studley Road should be Permit Parking Only. Finally, we hope we have made a clear case for the retention of the disputed Car Space. We sincerely hope council will review its decision as a matter of urgency. Please consider the needs of the increasing numbers of ratepayers in Sherwood Lane and vote to retain this useful, safe, and well-constructed parking space.”

Ordinary Meeting of Council - 5 May 2014

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Petitions

CONSTRUCTED CARPARK WITHIN BANKSIA STREET RESERVE cont’d

The carparking space in question was constructed on Council owned land by a developer of an adjoining property. The carpark was constructed unlawfully and without Council approval. The developer was requested to remove the carparking space as the appropriate approvals had not been sought. The land is owned by Council and partly zoned within the Public Park and Recreation Zone. The developer subsequently sought approval to retain the carparking space on the basis that it added valuable carparking to the laneway.

1.1

OFFICER COMMENT

As a result of the developer’s request a report went to Council on 3 March 2014 to consider whether it was appropriate to retain the carparking space. It was resolved that: “1.

Action is taken against the developer who unlawfully constructed the car parking space with the issuing of infringements under the Local Law where applicable; and

2.

The car parking space be removed and land reinstated to its previous use and costs borne by the developer.”

Following the Council Resolution a Notice to Comply was issued to the developer requiring the space to be removed and the land reinstated as parkland. Infringements have also been issued pursuant to the Local Law. An inspection of the reserve on Tuesday 22 April 2014 revealed that the land has been reinstated to its previous use. This complies with (2) of the resolution of Council on 3 March 2014. The infringements are yet to be paid however are not due until a future date. At this stage no further action is required by Council. RECOMMENDATION 1.

That Council receives and notes the petition.

2.

Council’s position as per the resolution of 3 March 2014 is maintained.

3.

The primary petitioner is advised accordingly.

ATTACHMENTS No.

Title

1

Cover Letter and Petition

Ordinary Meeting of Council - 5 May 2014

Page 92

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1.2

PROPOSED DEVELOPMENT (19 UNITS) AT NO. 59 CAPE STREET, HEIDELBERG

Author:

Henry Wood - Development Planner, City Development

Ward:

Griffin

File:

P1073/13

1.2

Petitions

SUMMARY A petition with 168 signatures has been received objecting to the application for a planning permit for an apartment building at 59 Cape Street, Heidelberg. The primary petitioner is Saint John’s Catholic Parish of 52 Yarra Street, Heidelberg. The petition prayer is as follows: “Petition to object to the building permit for 59 Cape Street, Heidelberg, 3084 Permit Application Number: P1073/13 I/we hereby wist to register my/our objection to the building permit application, P1073/13 for the following reasons:   







The western side of the dwelling has windows and balconies that will overlook and have an impeded view of the schoolyard / school sports ground, and gardens; this will of course mean that children can be easily observed. The height of the building will create quite extensive shadowing in the mornings, especially in Winter. This is a student well-being concern. Currently traffic congestion in this vicinity is a major concern; this dwelling will contribute further to this and therefore, increase the safety concerns for both children of St John’s and students attending Our Lady of Mercy College, and their parents. This will also further impact on the activities of St John’s Catholic Parish as it will make it increasingly difficult to find a car park to participate in religious services. The proposed development has limited parking (sixteen for nineteen dwellings – which assumes each tenant only has one car). There is no visitor parking which therefore means an overflow of cars seeking parking in an already limited parking zone. The scale of the building is clearly not in keeping with the surrounding environs – the Church of St John’s, the school, properties at 57 and 59 Cape Street. The proposed building will be approximately one and a half times higher than the buildings on the southern and northern side of the proposed development. The scale of the building overlooking the school yard also a concern.”

The petition has been received from residents primarily from Heidelberg and Rosanna, and to a lesser extent Eaglemont, Ivanhoe, Viewbank and Watsonia. A small number of other petitioners reside further afield at Balwyn, Bulleen and East Doncaster. OFFICER COMMENT A detailed assessment of the application against the relevant sections of the Banyule Planning Scheme will be undertaken in due course by Council Officers.

Ordinary Meeting of Council - 5 May 2014

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Petitions

PROPOSED DEVELOPMENT (19 UNITS) AT NO. 59 CAPE STREET, HEIDELBERG cont’d

1.

That Council receives and notes the petition.

2.

Concerns raised in the petition be considered by officers in assessing the merits of the application.

3.

The primary petitioner is advised accordingly.

1.2

RECOMMENDATION

ATTACHMENTS No.

Title

1

Petition to Proposed Development at No. 59 Cape Street, Heidelberg

Ordinary Meeting of Council - 5 May 2014

Page 96

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2.1

INDIGENOUS PARTICIPATION PROJECT

Author:

Ella Hinkley - Cultural Services Team Leader, Community Programs

Ward:

Olympia

File:

BS36/015/008

2.1

People – Community Strengthening and Support

Previous Items Councillor Briefing on 06 Feb 2014 - (Item 2014/9 - Indigenous Particpation Project, Heidelberg West) SUMMARY This report is to provide an update on the development of an Aboriginal Gathering Place at Fred Howe Annex in Heidelberg West. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction of “celebrate and promote Banyule’s diversity and heritage”. BACKGROUND Over the last ten years Banyule Council has implemented a range of small, one-off projects that aim to engage and support our local Indigenous community. This has included community arts projects, hiring Indigenous groups to coordinate activities and supporting groups with access to spaces. In 2009, Council published a Statement of Commitment to Indigenous Australians, followed in 2012 with the launch of the 2013 – 2017 Statement of Commitment to Indigenous Australian Plan. For the last year two Indigenous art groups in Heidelberg West have been using Fred Howe Annex, Olympic Park to run their programmes. Since the beginning of this temporary arrangement the site has become an important place for this community to meet and engage and is being used more frequently than was originally anticipated. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. The Indigenous Participation Project is particularly related to four rights in the Charter. In developing the plan these rights were addressed in the following ways:

Ordinary Meeting of Council - 5 May 2014

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People – Community Strengthening and Support

2.1

INDIGENOUS PARTICIPATION PROJECT cont’d Your right to taking part in public life By developing an Aboriginal Gathering Place, Council will provide isolated and excluded Indigenous community members with the tools required to build community connection. This forum for communication will address some of the significant barriers that our Indigenous population face in utilising more traditional forms of interaction with community and government. Your right to freedom of thought, conscience, religion and belief Council has carefully ensured that no aspect of this project will restrict the participation of or discriminate against any community members based on thought, conscience, religion or belief. Council values and appreciates the diversity of our community and actively encourages the participation at all levels of people from all faiths, groups and walks of life. The Aboriginal Gathering Place will provide a space for our Indigenous community but will also be open to the broader community as a place to learn about local and national Indigenous heritage, knowledge and issues. Your right to freedom of expression Through this project Council is actively pursuing avenues for our community to express themselves and their beliefs. The Aboriginal Gathering Place will be a physical reflection of the values, culture and heritage of our Indigenous people. Community members will be invited to participate actively in the design, beautification and development of the space. A public art project will also form part of the proposal. Cultural rights Banyule is a diverse and multi-cultural community and Council welcomes and values the rich cultural tapestry that this brings to the area. The Indigenous Participation Project seeks to encourage, promote and respect this diversity. Council is committed to developing strong relationships with, and working in partnership with, the Wurundjeri Land Council, local Indigenous elders and the local Aboriginal population. The Indigenous Participation Project does not limit, restrict or interfere with any other rights in the Victorian Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues, rather, this project aims to provide human rights to some members of our community who experience isolation and social exclusion. CURRENT SITUATION In 2013, Council’s Indigenous Participation Project Working Group recognised that the first step to respond to challenges faced by the local Indigenous community was to address the issues of self-esteem and community resilience by looking at connection to land. Fred Howe Annex was identified as the most appropriate site for the local Indigenous community to establish connection to country and to form a sense of belonging and build self-esteem. The concept of an Aboriginal Gathering Place was explored and the following vision and goals developed:

Ordinary Meeting of Council - 5 May 2014

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People – Community Strengthening and Support

INDIGENOUS PARTICIPATION PROJECT cont’d VISION:

2.1

A locally run Aboriginal Gathering Place at Fred How Annex in Heidelberg West. GOALS:      



To engage the local Indigenous community in the design and planning of the space To consult with and create connections to other users of the area (Cricket and Soccer clubs, other local community groups) To support local people to conduct landscaping and beautification works To complete capital works on site as per ‘community agreed to’ plans To provide cultural training and skills training at the space that will lead to greater community ownership of, and investment in, the space For Council to acknowledge publicly that this is a space our Indigenous community can invite us to, as opposed to having to ask Council’s permission each time they wish to use the site (within agreed limits and timeframes) To set up a local Indigenous Advisory Group to assist in the running and future planning of the space

The Indigenous Participation Project Working Group will coordinate the capital works required at the space in order to create the Aboriginal Gathering Place at Fred Howe Annex. Banyule Community Health has agreed to facilitate a Reference Group to be made up of local community members and will also administer this group. The IPPWG and the Reference Group will work together to engage local community in landscaping and decoration of the spaces. COMMUNICATION To ensure the project is widely publicised throughout the local community officers are planning to promote the project by:   

Installation of 1-2 real estate sign billboards at Olympic Park that outlines the concept and advertises the project. A media release and invitation to local media to attend the launch or interview some of the key stakeholders and community members. Invitations to attend the Welcome to Country and launch event have been sent to local community groups and key stakeholders.

Officers also intend to feature the project in the Banyule Banner, in the Arts e newsletter and also promote the project via social media. CONSULTATION Local community members have contributed to the development of the Aboriginal Gathering Place plans through community gatherings and individual conversations. Meetings have also been held with the Olympic Colts Cricket Club and the Heidelberg United Soccer Club. Both groups are very supportive of the project and are keen to remain involved in the planning and implementation.

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People – Community Strengthening and Support

INDIGENOUS PARTICIPATION PROJECT cont’d

2.1

A launch of the project is scheduled for 9am on Friday 9 May and further community consultation will be undertaken regarding the details of the project at the launch. Ongoing consultation will occur with the community through the proposed Reference Group that will be facilitated and administered by Banyule Health Service. TIMELINE AND FUNDING ACTIONS

COMPLETION

BUDGET

Community consultation with all stakeholders Phase One capital works including:  Refit kitchen areas  Remove half of the Cyprus trees  New works for Cricket Club  Improve fencing  Internal improvements  Landscaping works  Concrete slab

March 2014

n/a

June 2014

Income BCC Capital Works $35,000 Grant (BCHS) $28,000 In-kind support $8,500 Total $71,500 Expenditure Capital Works $71,300

Further phases/stages of the project will be considered in the future Council deliberations. POLICY IMPLICATIONS This project is linked with the ongoing development and implementation of the Banyule 2013 – 2017 Statement of Commitment to Indigenous Australians Plan. The Aboriginal Gathering Place project will grow and develop in line with the aims of this plan. CONCLUSION The Aboriginal Gathering Place at Fred Howe Annex, Olympic Park, will deliver a culturally appropriate communal space to our local Indigenous community. This will increase the community’s visibility within our municipality, build their capacity and resilience and promote Indigenous heritage, culture and issues within the broader community. RECOMMENDATION That Council continue to support the future development of the Aboriginal Gathering Place and continue to consult with the Indigenous Participation Project Working Group. ATTACHMENTS Nil

Ordinary Meeting of Council - 5 May 2014

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3.1

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT LOCAL POLICY

Author:

Fae Ballingall - Strategic Planner, City Development

File:

F2014/512

3.1

Planet – Environmental Sustainability

SUMMARY To update Council on the recommendations given in the Panel and Advisory Committee Report for the Environmentally Sustainable Development Local Policy and to outline the steps required to complete Amendment C73 to the Banyule Planning Scheme. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is progressing Council’s City Plan key direction to “maintain and improve Banyule as a great place to live” with a key initiative to “complete planning for environmentally efficient design guidelines in the planning scheme”. BACKGROUND The Cities of Banyule, Moreland, Port Phillip, Stonnington, Whitehorse and Yarra (the “Joint Councils”) have prepared planning scheme amendments to introduce a new Environmentally Sustainable Development (ESD) local policy into the Local Planning Policy Framework of their respective planning schemes. The proposal also includes revisions to the Municipal Strategic Statement (MSS) to reference the local policy proposal. A combined Panel and Ministerial Advisory Committee (PAC) was appointed to consider the submissions in late 2013 and make recommendations to the Minister on a state wide approach to ESD. The Panel hearing was held over six (6) days, between 25 November and 9 December 2013. The Panel was appointed by the Minister for Planning and included Nick Wimbush (Chair), Ian Coles, Gaye McKenzie and Sue Porter. The Joint Councils were represented by Juliet Forsyth and called four (4) expert witnesses and two (2) Council witnesses. Submissions were also made by the Department of Transport, Planning and Local Infrastructure, Building Designers Association of Victoria, Council Alliance for a Sustainable Built Environment, Housing Industry Association, Urbis, Colonial First State, Salta Properties, GIW Environmental Solutions, Australand Holdings, Ark Resources, Office of the Victorian Government Architect, Cities of Darebin, Kingston and Mornington Peninsula Shire Council.

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Planet – Environmental Sustainability

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT LOCAL POLICY cont’d

3.1

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION The PAC Report (Attachment 1) has now been received by the Joint Councils and the Minister for Planning. This report discusses the broader issues around sustainable development in the planning and building systems and detailed comments on the Amendments as exhibited by the Joint Councils. In summary the PAC considers that a Statewide approach is the best way to facilitate the increased focus on sustainability. In the interim, the PAC is supportive of the six Amendments. As stated in the report on page 50: “The Committee acknowledges that the Amendment Councils have developed these policies in response to a lack of Statewide approach and are to be commended for their vision and commitment” and goes on to note “even if a Statewide policy is introduced, local policies may still be appropriate where municipalities seek to ‘raise the bar higher’ either in specific locations, or where the community has higher sustainability expectations”. The report outlines 26 findings on page 201, including: 

There is a strong legislative and policy framework that supports the need for sustainable development and which recognises that both planning and building have a significant role to play in achieving it.



The range of tools available is appropriate to assist in assessing the environmental impact of residential and commercial development.



Achieving sustainability in planning and development should be undertaken using the most efficient mechanisms to minimise cost to consumers and industry.



There is a role and statutory obligation for planning to advance sustainability.



Whilst the existing State Planning Policy Framework and Victoria Planning Provisions provide a good starting point for the inclusion of sustainability, there are clear areas for improvement.



There are clear positive economic, social and environmental benefits to be gained through improved sustainable development outcomes in planning.



There is a clear need for an integrated planning and building approach to achieve sustainable outcomes.



The proposed Local Policies are unlikely to impose an unreasonable regulatory cost burden on applicants.

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Planet – Environmental Sustainability



The consideration of ‘affordability’ should extend beyond construction and consider ongoing servicing costs.



The approach to sustainability in planning schemes be further reviewed to provide a more coherent, strengthened approach to implementation. This should be based on a Statewide approach and include stronger, higher guidance in the State Planning Policy Framework and Clause 65, as a minimum, with consideration of a range of options.



The use of Local Policies until such time as a Statewide approach is developed should be supported, with the inclusion of a sunset clause.

The Committee also comments on the increasing success of Councils participating in the voluntary Sustainable Design Assessment in the Planning Process (SDAPP), and the need to move beyond being a voluntary initiative. The report gives ten (10) recommendations on page 103, which include: 

Adopting each Council’s proposed Amendment as exhibited with some changes to the wording of the policy, the inclusion of a ‘Best Practice’ definition and changing the policy title to ‘Environmentally Sustainable Development’. These changes are given in Appendix D of the report, and included in Attachment 2.



Including the Sustainable Design Assessment in the Planning Process (SDAPP) Fact Sheets in the local policies as reference documents.



Including a definition of ‘Best Practice’ in the local policies, as proposed by the Amendment Councils.

Banyule has prepared a set of SDAPP Fact Sheets (Attachment 2) to inform decision making for sustainable design. These are based on those currently in use by the other Councils participating in SDAPP. As well as including existing Fact Sheets as Reference Documents, the PAC also recommends that development of a single consistent set of Fact Sheets be considered. The Joint Council ESD Working Group will consider this at its next meeting. The six respective Councils released the PAC report simultaneously to the public on Thursday, 17 April. This was done by advising all submitters and objectors to the Amendment that the report had been received and giving a copy of the recommendations. The full report is available on Council’s website. Large Non-Residential Development The PAC Report also considers the threshold of requirement for a Sustainability Management Plan for non-residential development, particularly in the case where there is an existing sustainability framework. This issue was contested strongly in the hearing between Stonnington City Council and Colonial First State the owners of Chadstone Shopping Centre.

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3.1

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT LOCAL POLICY cont’d


Planet – Environmental Sustainability

3.1

ENVIRONMENTALLY SUSTAINABLE DEVELOPMENT LOCAL POLICY cont’d In considering this issue the Committee found that if a shopping centre or other large non-residential development has in place an approved site specific sustainability framework, then it is reasonable that expansion or redevelopment within the framework need not be subject to the particular requirements of the ESD Policy. The Committee has recommended that the suggested text provided by Colonial be included. Stonnington does not accept this recommendation and is seeking further legal advice. The cities of Moreland, Port Phillip, Yarra and Whitehorse have indicated they will amend their Policies to reflect any changes made by Stonnington for consistency and support. However, by not accepting the full recommendations given by the Advisory Committee and Panel there could be consequences for a timely and successful approval by the Minister. This is the only point of difference regarding the Committee’s recommendations between Banyule and the other Councils. CONCLUSION The PAC has recommended that Amendment C73 be adopted with the recommended changes. This C73 proposal is shown in Attachment 3. This recommendation is a significant milestone in a process first initiated in 2009 by the Joint Councils to improve ESD in the planning system. With the support of the PAC, Council is now well positioned to seek approval from the Minister for Planning, and pave the way for Statewide planning reform. RECOMMENDATION That Council: 1.

Note the key findings and recommendations given in the Advisory Committee and Panel report in Attachment 1, dated 7 April 2014;

2.

Adopt the Environmentally Sustainable Design (ESD) Local Planning Policy and Municipal Strategic Statement (MSS) updates in Attachment 2, in line with the recommendations made by the Panel and Advisory Committee;

3.

Adopt the Sustainable Design Assessment in the Planning Process (SDAPP) Fact Sheets in Attachment 3;

4.

Submit Amendment C73 to the Minister for Planning for approval, and advise that an alternate threshold for non-residential development put forward by the Joint Councils would be acceptable; and

5.

Support concurrent requests for approval by the Joint Councils which include the Cities of Banyule, Moreland, Port Phillip, Stonnington, Whitehorse and Yarra.

ATTACHMENTS No.

Title

1

Panel & Advisory Committee Report ESD Local Policies

2

SDAPP Fact Sheets

265

3

C73 ESD Local Policy & MSS updates

309

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3.2

BANYULE ENVIRONMENT ADVISORY COMMITTEE (BEAC) NOMINATIONS 2014

Author:

John Milkins - Enviromental Sustainability Co-ordinator, City Development

File:

F2014/710

SUMMARY To consider the appointment of new members to Council’s Environment Advisory Committee for a two year term. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “act as environmental stewards”. BACKGROUND Every year, applications are sought to replace retiring and resigning members of Banyule City Council’s community-based Environment Advisory Committee (BEAC). The Terms of Reference for BEAC state that: “The Committee will consist of up to 10 representatives:  

Eight community representatives reflecting a balance of conservation interests One Councillor, or nominee One Council Officer (ex officio)

Term of appointment for community representatives shall be for a two (2) year period (maximum of two terms).” BEAC’s current membership is shown in the following Table. Table 1: Current BEAC membership Name Matthew Hall John D’Aloia Alan Leenaerts Jonathan Thom David Slaney Troy Powell Andrea Videion Kirstyn Lee

Ordinary Meeting of Council - 5 May 2014

Continuing not up for nomination √ √ √ √

Due to Retire at end of term

× × × ×

Page 17

3.2

Planet – Environmental Sustainability


Planet – Environmental Sustainability

BANYULE ENVIRONMENT ADVISORY COMMITTEE (BEAC) NOMINATIONS 2014 cont’d

3.2

Nominations and Selection Criteria: A total of six new nominations were received from community members, and four are needed to be appointed. The applicants were ranked against the selection criteria stated in the Terms of Reference (Attachment 1). The recommended applicants represent a cross-section of the community and environmental interests. They are considered to be of very high calibre and would be an asset to Council’s Environment Advisory Committee. CONCLUSION Given their breadth of knowledge, key interests and experience, Council and the Banyule community would benefit from the appointment of the 2014 nominees to the Banyule Environment Advisory Committee. RECOMMENDATION That Council: 1.

Appoint four new community members (to be appointed at the Council Meeting) to the Banyule Environment Advisory Committee to join the existing mid-term BEAC members.

2.

Thank retiring members Troy Powell, Andrea Videon, David Slaney and Kirstyn Lee for their services as members of Banyule Environment Advisory Committee.

3.

Inform the unsuccessful applicants and thanks them for their interest.

4.

Announce the make-up of Banyule Environment Advisory Committee 2014-15 in The Banner.

ATTACHMENTS No.

Title

1

BEAC Terms of Reference

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Page 334

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4.1

1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND

Author: Daniel Kollmorgen - Manager Strategic & Economic Development, City Development Ward:

Bakewell & Beale

File:

F2013/1095 & F2013/1091

SUMMARY To consider submissions and determine whether or not to sell the Council-owned land known as 1-3 McKenzie Court, Greensborough, and 3 Somerleigh Crescent, Greensborough. BACKGROUND At its Meeting on 3 February 2014 Council made the following resolution (CO2014/5): “1.

That Council, being of the opinion the Council-owned land known as:

  

33-35 Elwers Street, Watsonia North 1-3 McKenzie Court, Greensborough 3 Somerleigh Crescent, Greensborough

are surplus to Council’s and the community’s needs, now directs that the statutory procedures be commenced under Section 189(2) and section 223 of the Local Government Act 1989 by obtaining valuations and giving public notice in the “Diamond Valley Leader” of Council’s intention to sell:   

33-35 Elwers Street, Watsonia North 1-3 McKenzie Court, Greensborough 3 Somerleigh Crescent, Greensborough

2.

A further report be presented to Council following the completion of the statutory procedures referred to in Item 1, but in any event not less than 28 days after public notice is given, following which, Council will determine whether to sell or retain the Council-owned land referred to in Item 1.

3.

The residents in the surrounding streets be notified of Council’s intention to sell the above land as surplus to Council’s needs and requirements and be given an opportunity to respond.

4.

Such advertising to include onsite notice.

5.

Investigate and undertake all necessary actions to ready the properties for sale.”

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4.1

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Place – Sustainable Amenity and Built Environment

4.1

1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d The actions outlined in the above resolution have now taken place and submissions in regard to Council’s notice of intention to sell have been received. This report is in response to Item 2 of the resolution for the 1-3 McKenzie Court, Greensborough, and 3 Somerleigh Crescent, Greensborough, properties. A report regarding 33-35 Elwers Street was considered at a Council Meeting on 14 April 2014. HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is, in any way, limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. LEGAL CONSIDERATION STATUTORY PROCEDURES – LOCAL GOVERNMENT ACT 1989 PUBLIC NOTICE In accordance with Section 189 of the Local Government Act 1989 (the Act) public notice of Council’s intention to sell the subject land was given in the Diamond Valley Leader on 12 February 2014. Submissions on the proposal were invited from members of the public in accordance with Section 223 of that Act. The submission period closed on 12 March 2014. Submissions Received A summary of all submissions received is included in Attachment 1. A total of seven (7) submissions were received objecting to the sale of 3 Somerleigh Crescent, Greensborough, including a joint letter on behalf of 39 residents. The joint letter was presented to the Council Meeting on 31 March 2014 with Council resolving to consider it as a submission in response to the Notice of Intention to Sell the property. A total of 17 submissions were received during the period of public notice objecting to the sale of 1-3 McKenzie Court, Greensborough, including a petition with 166 signatures. The petition was presented at the Council Meeting on 3 March 2014 with Council resolving to consider it as a submission in response to the Notice of Intention to Sell the properties. The majority of signatories in the petition reside in Greensborough, some are from neighbouring suburbs and a few from outside the municipality. The following information summarises the location of the signatories to the petition.

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1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d Table 1: Summary of Locations of Petitioners for 1-3 McKenzie Court Signatories 136 9 5 4 3 2 2 1 1 1 1 1 166

4.1

Location Greensborough Watsonia Macleod Rosanna Research Eltham Diamond Creek Heidelberg West Yallambie Doreen Epping Croydon Hills Total

A further submission was received after the closing date objecting to the sale of the land on grounds that the park is used by local children and that traffic will increase if the land is developed. The submission was incomplete with no details of who sent the letter. Where two letters have been received from the same person it has been treated as a single submission. Letters received on the proposed sale of the land prior to the public notice period have also been considered as a submission in the interest of full consultation. Issues The issues raised in the Somerleigh submissions are generally as follows: Table 2: 3 Somerleigh Crescent, Greensborough # Issue 1 Land was gifted or given to Council as public open space and should remain for that purpose.

2 A Section 173 would not provide adequate protection for the trees on the site.

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Comment The land was transferred to Council for municipal purposes. It has however now been determined as being surplus to Council requirements and there is no legal impediment to the sale of the land. The disposal of the land would be in line with Council’s Open Space Strategy. A Section 173 is a restriction on title and is legally binding. In addition the trees on the site are currently protected by planning controls under the Vegetation Protection Overlay – Schedule 1 and the Design and Development Overlay - Schedule 8.

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1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d 3 The trees and birdlife are best protected if the land remains under Council management.

4 Trees add to the amenity and character of the surrounding residential area.

5 The land is used by children to play in.

6 Council maintenance of the land has been minimal

Protection of trees would be achieved by a Section 173 prohibiting any development on the land. In addition the trees on the site are currently protected by planning controls under the Vegetation Protection Overlay – Schedule 1 and the Design and Development Overlay - Schedule 8. The trees will remain in place. Protection of trees would be achieved by a Section 173 prohibiting any development on the land. In addition the trees on the site are currently protected by planning controls under the Vegetation Protection Overlay – Schedule 1 and the Design and Development Overlay - Schedule 8. Retention of the land for open space would be inconsistent with our Open Space Strategy as it is ineffectual as a playground and other places serve the community better for this purpose. The land is not considered as viable open space due to:  Lack of size  Slope of the land  Limited access to site  Limited level of natural surveillance  Low level of community use This is true, minimal maintenance is required for the land. Notwithstanding, no maintenance would be required by Council if the land were to be sold.

The issues raised in the McKenzie submissions are generally as follows: Table 3: 1-3 McKenzie Court, Greensborough Issue 1 Concern that open space would decrease as population increases

2 The land was donated to Council many years ago for recreation purposes

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Comment Council’s Open Space Strategy divides the municipality into precincts to ensure the needs of local residents and any local character which is unique to a particular area can be taken into account in the planning of open space. The site falls within the Greensborough Precinct. This precinct provides ample open space, both in quality and quantity, particularly in terms of playgrounds. Open space in Greensborough is well above the standard quantitative benchmark of 1 hectare for every 1,000 residents. This was not the case in regards to 1-3 McKenzie Court. Land transfer documents show that the former City of Heidelberg purchased the land in 1961 for £675.

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3 Central Park is not an alternative play option for many as it is isolated and tucked away 4 The park is well used

A Masterplan for Central Park has been developed that includes plans to:  Improve the existing playground  Create a natural playground  Improve pathways and infrastructure It is accepted that the immediate community surrounding the land enjoys the use of the playground equipment and open space that the land offers. The disposal of 1-3 McKenzie Court would not necessarily be consistent with the open space strategy as the park is well used and thus performs an effective community function:  for informal play, including visits on route to the preschool  for social interaction on a casual and organised basis (including parties)  promotes health and wellbeing in the community

5 The park is an evacuation point for Grace Park Pre school

6 Maintenance costs would be minimal

However the site also needs to be considered with regard to the close proximity of other playgrounds in the area. The President of the preschool was contacted and she confirmed the preschool used the park as an evacuation point. She also mentioned that they had children at the preschool with additional needs that would find it difficult to walk any further. Council leases the land & buildings to the preschool to manage preschool services including emergency evacuation sites. Evacuation meeting points are the responsibility of the licensee. If the land is sold alternative evacuation points will need to be sought and Council could provide some assistance to the preschool with this. Maintenance costs include ongoing maintenance of the playground and replacing the playground equipment when scheduled as part of Council’s annual replacement program. Notwithstanding, no maintenance would be required by Council if the land were to be sold.

TECHNICAL CONSIDERATION ZONING The subject sites are both included within the Residential 1 Zone (R1Z). The purpose of the Residential 1 Zone is:

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1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d


Place – Sustainable Amenity and Built Environment

1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d

4.1

   

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

VALUATION A valuation will be obtained for both properties in accordance with the provisions of the Local Government Act 1989. The valuations will remain ‘commercial in confidence’ until after the subject land has been sold. POLICY IMPLICATIONS OPEN SPACE STRATEGY The Banyule City Council Open Space Strategy 2007-2012 provides guidance for the disposal of open space. It states that “consideration should be given to disposing of Council land classified as open space where it cannot service the community effectively as viable public open space where one or more of the following reasons exist:      

Lack of size; Inappropriate topography, eg. steep, swampy etc; Poor access to the site; Poor location and orientation from a community safety perspective, eg. lack of natural surveillance, etc; Low levels of community use; Unreasonably difficult and/or costly to maintain.”

Discussion Despite the fact the subject sites are located within the Residential 1 Zone (R1Z) and are not reserved for open space purposes, the sites were nevertheless individually assessed against the Open Space Strategy as they are perceived publicly as parks. 3 Somerleigh Crescent, Greensborough The land at 3 Somerleigh Crescent, Greensborough cannot service the community effectively as viable open space due to:     

Lack of size; Slope of the land; Limited access to site; Limited level of natural surveillance; Low level of community use.

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1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d

Notwithstanding 3 Somerleigh Crescent is heavily treed with a mixture of high, medium and low retention values. To this end it is considered that the site would not be suitable for development per se. As such any potential sale of the land should consider prohibiting development through an agreement on title which would be available through s173 of the Planning and Environment Act. Such a restriction will limit the value of the land. 1-3 McKenzie Court, Greensborough Like many of Council’s stand alone public open spaces, 1-3 McKenzie Court, Greensborough, does not meet the preferred minimum size of 7,500 square metres. This alone would not be sufficient to recommend its disposal. There are other sections of the Open Space Strategy 2007-2012 which provide the following guidance for the planning, acquisition and disposal of public open space against which 1-3 McKenzie Court can be assessed. “A benchmark, or planning guide used for public open space, is to endeavour where ever possible, to have a local neighbourhood park within 500 metres of any residential address (Council’s Public Open Space Strategy 1997). 400 metres is the distance suggested by the Melbourne 2030 Strategy as equating roughly to 5 minutes walking distance. (p90) Local open space is perhaps the most important level of open space provision for local communities. However, often this type of open space has been provided as very small uniform blocks. These are generally difficult to develop and maintain. It is also difficult to sustain a range of opportunities on them. They also often relate poorly to neighbouring backyards and hence are poorly patronised. Where appropriate land of this type should be considered for disposal. (p140) Where playground catchments over lap, and spaces are of a sufficiently large size, there could be community benefit in relocating playgrounds from smaller less viable sites and consolidating them on larger sites as neighbourhood parks, with a broader social family recreation focus. (p140)” As shown in Figure 1 below there are a number of parks within a relatively short distance to the site including Central Park which is located 250 metres to the south east of the subject site. The disposal of 1-3 McKenzie Court would then be partly consistent with Councils strategy of consolidating ineffectual smaller playgrounds into more effective larger neighbourhood sites.

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4.1

Accordingly its disposal is consistent with the Open Space Strategy.


Place – Sustainable Amenity and Built Environment

4.1

1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d

Figure 1: Playgrounds nearby to 1-3 McKenzie Court, Greensborough

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However the park at McKenzie Court meets many of the positive attributes of a local park and thus would not necessarily be characterised as ineffectual. The park is easily accessible and open to the street on two sides providing for open site lines and natural surveillance into the park. The park is relatively level with flat grassed areas surrounding the playground equipment suitable for passive recreation. It is understood to be reasonably well used by the immediate local community as evidenced in the majority of the submissions. Anecdotal evidence provided by Council’s parks maintenance team supports this. With the benefit of community feedback provided through the submissions, the disposal of 1-3 McKenzie Court may not necessarily be consistent with the Open Space Strategy as the park is well used and thus performs an effective community function:   

for informal play, including visits on route to the preschool; for social interaction on a casual and organised basis (including parties); promotes health and wellbeing in the community.

Nevertheless the retention or sale of 1-3 McKenzie also needs to be considered with regard to its proximity to Central Park. A Master Plan for Central Park has been developed that includes plans to improve existing playgrounds, create a natural playground and improve pathways and infrastructure. Larger parks and playgrounds provide for a greater diversity of uses which in turn meet the needs of a wider section of the community. The ongoing cost of maintaining a large number of small local playgrounds also needs to be considered. Another possibility for the site would be to relocate the playground equipment to the southern parcel of land on the site and retain it while disposing of the northern parcel. This option would allow for the local playground to be retained, responding to the submissions received, albeit with a smaller amount of surrounding land. While maintenance costs would still be incurred going forward the sale of the adjoining site could offset this and still provide an opportunity to fund to some extent improvements in Central Park. Ongoing use of the facility could also be monitored for future consideration. On balance, the sale of the McKenzie Court land wholly and in part could be supported. GUIDELINES FOR THE SALE AND EXCHANGE OF COUNCIL LAND The Guidelines for the Sale and Exchange of Council Land adopted by Council in April 2009 (Guidelines) provide that the sale of Council-owned land should be conducted through a public process, unless circumstances justify an alternative method of sale. Any sale of Council land should be in the best interest of the community and provide the best result, both financial and non-financial for Council and the community. FUNDING IMPLICATIONS The subject sites are zoned residential (R1Z) and are not designated on title as reserves. As such there are no obligations on how funds generated by any sale of this land are spent under section 20 of the Subdivision Act.

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Place – Sustainable Amenity and Built Environment

1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d

4.1

Nevertheless it’s considered appropriate that a portion of funds from the sale of 1-3 McKenzie Court, Greensborough, be considered for allocation to improving facilities in neighbouring parks including Central Park. CONCLUSION The proposal to sell the subject sites has been considered in regard to current and potential future uses, the Guidelines and the Open Space Strategy. In respect of 3 Somerleigh Crescent, Greensborough, there appears to be no strategic or long term purpose for retaining ownership of the subject site. It does not fulfil any useful Council or community function nor does it support “best practice” service delivery. For all intents and purposes this parcel is a stand-alone residential allotment which is unsuitable for residential development due to the large number of trees present. To protect the trees any sale should include an agreement on title in accordance with section 173 of the Planning and Environment Act prohibiting development on the site. This will the land value and any sale will need to be considered in the best financial interest of Council and the community. The proposal to sell the subject site is consistent with the Open Space Strategy. In respect to 1-3 McKenzie Court, Greensborough, while the site is well used as a playground, it is small and there are neighbouring playgrounds and parks in the area. The sale of this parcel would create an opportunity to direct resources to the implementation of the nearby Central Park Masterplan. The sale of 1-3 McKenzie Court could, on balance, be supported. RECOMMENDATION That Council: 1.

Having considered the submissions received and, having complied with the provisions of Section 189 and Section 223 of the Local Government Act 1989, by giving public notice of Council’s intention to sell:  

3 Somerleigh Crescent, Greensborough; 1-3 McKenzie Court, Greensborough;

and being of the opinion that the subject sites are surplus to Council’s and the community’s needs for the following reasons: a.

b. c.

In respect of 3 Somerleigh Crescent, Greensborough, the subject site cannot service the community effectively as viable open space due to:  Lack of size;  Slope of the land;  Limited access to site;  Limited level of natural surveillance;  Low level of community use. In respect of 1-3 McKenzie Court, Greensborough, the subject site is small and constrained for a park and there are neighbouring playgrounds and parks in the area which would serve the broader community better; the subject sites are included in the Residential 1 Zone (R1Z) under the Banyule Planning scheme;

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1-3 MCKENZIE COURT, GREENSBOROUGH, & 3 SOMERLEIGH CRESCENT, GREENSBOROUGH - PROPOSED SALE OF LAND cont’d the disposal of the sites are consistent with the Banyule City Council Public Open Space Strategy 2007-2012;

now request that valuations be obtained and that the subject sites be individually sold at public auction. The McKenzie Court properties are to be sold as two separate lots. 2.

The contract for sale of 3 Somerleigh Crescent, Greensborough, include a condition that the purchaser be required to enter into an agreement pursuant to section 173 of the Planning and Environment Act 1987 to prohibit the building of any dwellings, structures or the like on the land.

3.

Authorises the removal of the playground equipment from 1-3 McKenzie Court, Greensborough, prior to the sale of the land.

4.

Directs the net proceeds from the sale of 1-3 McKenzie Court, Greensborough, towards the funding of the Central Park Master Plan.

5.

Write to each submitter advising of Council’s decision and the reason for the decision.

6.

Authorises the signing and sealing of the necessary documentation to effect the sale and transfer of the subject sites at the appropriate time.

4.1

d.

ATTACHMENTS No.

Title

1

Summary of Submissions

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4.2

NEW RESIDENTIAL ZONES

Author:

David Cox - Strategic Planning Co-ordinator, City Development

File:

F2014/439

4.2

Place – Sustainable Amenity and Built Environment

Previous Items Council on 18 November 2013 (Item 4.3 - New Residential Zones) Council on 3 February 2014 (Item 4.1 - Plenty Road Precinct Development Opportunities) SUMMARY To give an update on the Victorian Government’s new residential zones, for public consultation that has been done after Council sent its Amendment C100 proposal for using the new zones to the Minister for Planning. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is progressing Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”, which includes a focus area to “promote the preferred character of neighbourhoods and preferred places for development”. BACKGROUND In 2013 the Victorian Government released three new residential zones into the Victorian planning system. They are called the Neighbourhood Residential Zone (NRZ), General Residential Zone (GRZ) and the Residential Growth Zone (RGZ). The Government has asked all Councils to give their local, tailored proposals for introducing these zones, before the Government’s July 2014 deadline for making a decision. On 18 November 2013 (CO2013/388) Council adopted its approach, including mapping, so a new residential zones proposal could be prepared and sent to the Minister for Planning (the Minister), for a decision to be made. The proposal, known as C100, was sent on 8 January 2014. The proposal uses existing planning scheme information and Council’s adopted strategies to describe a local, tailored response to the Government’s new zones. Public notices for C100 then occurred, giving an opportunity for people to attend information sessions. Invitations were also sent to interested parties who contacted Council with queries about the new zones. On 3 February 2014 (CO2014/2) Council resolved to expand its consultation for introducing the new zones, to include discussion about future residential development opportunities for properties near Plenty Road in Bundoora.

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NEW RESIDENTIAL ZONES cont’d

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. CONSULTATION Public notices about the Government’s new zones and information for Council’s C100 proposal included:         

Half-page notices in the Heidelberg Leader on the 14 January, 4 and 18 February 2014 and Diamond Valley Leader on the 15 January, 5 and 19 February 2014. Public notices also in the Heidelberg Leader and Diamond Valley Leader on the 18 and 19 February 2014 respectively. Initial notice in the Banyule Banner’s November/December 2013 edition, followed by a half-page notice in the February edition. Council’s website, with details about the new zones and C100 included Council’s Facebook page. Council’s ‘on hold’ messages for incoming telephone calls. Recent Ward newsletters. Information at the Ivanhoe, Rosanna and Greensborough Service Centres. Drop-in information sessions at Watsonia and Ivanhoe.

These notices informed that further detail was available and prompted people to contact Council if they had any queries. Through January, to the end of March, Council officers received enquiries and had various meetings with interested parties. Local residents with properties near Plenty Road also received an invitation to a session in Greensborough on the 9 February 2014. This was supported by further notices in the Heidelberg Leader and Diamond Valley Leader, for information sessions at Watsonia and Ivanhoe on the 18 and 19 March 2014. In addition to the above notices, and because the Government is asking all Councils to consider the new zones, there has also been some raised community awareness to the Government’s new zones from media and other sources of information. Collectively the above notices, enquiries, meetings and information sessions enabled receipt of written comments from 32 interested parties. Their feedback is summarised in Attachment 1 and is discussed below. FEEDBACK RECEIVED The following summary comments were received from local residents, landowners, organisations, peak industry bodies, developers, developer consultants and other stakeholders:  

The broad mapping application for the different zones was reasonably balanced. Some locations may warrant a change, to either allow more development or place greater restrictions.

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NEW RESIDENTIAL ZONES cont’d

4.2

 

The details in the zone schedules, particularly the NRZ, may overly constrain development or adversely affect future housing growth, diversity and affordability. Public notice for C100 should have happened before it was given to the Minister.

Within this feedback, some local residents were concerned that the new zones would affect their future development aspirations. Also, property developers and their consultants commented that:   

Alternative zones should have been considered for larger sites. The details in zone schedule may not promote good outcomes. The strategic justification for C100 should be clearer.

Other interested parties considered that:   

A simpler approach to applying the new zones would have been preferred. Greater flexibility is needed for schools and other larger non-residential uses. Special consideration is needed for significant locations and key sites.

Residents near Plenty Road considered that the preferred location for future residential growth should be along Plenty Road. Collectively, all of the above comments were for different parts of Banyule. The areas of interest included, but were not limited to:    

Ivanhoe and areas east of the Plenty River, for reviewing the NRZ. Heidelberg, for considering more areas for the RGZ. Heidelberg West and Bellfield, for reviewing the GRZ. Bundoora, for reviewing the GRZ.

CONSIDERING THE FEEDBACK The C100 proposal responds to the Government’s direction for applying the new zones. It leverages off past consultation for completed Council strategies and planning scheme changes. Public notice for C100 happened after it was sent to the Minister, because Council wants to achieve a timely outcome for the new zones translation of key directions already in the Banyule Planning Scheme and Council strategies. Achieving this delivers certainty for planning scheme changes and Council’s existing City Plan commitments. The comments received have raised various issues. Whilst there were common themes, there were also different opinions on similar issues. Notwithstanding this, as 32 submissions were received, it does not appear that the C100 proposal is a major concern across the municipality’s residential areas. Council’s ability to effectively review and refine the new zones is best done after C100 is in the Banyule Planning Scheme. This is because property markets, local investment decisions and landowner aspirations are dynamic and informed by changing local and regional planning provisions. For example, The Victorian Government’s planned roll-out of a new metropolitan planning strategy in 2014 will also have an influence. Similarly the introduction of new zones in other parts of Melbourne will have a bearing on investment patterns and decisions.

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NEW RESIDENTIAL ZONES cont’d Arising from the consultation done, priorities for refining the zones in the future can be done under three broad categories, these are: Managing Housing Growth by creating residential design frameworks for housing growth around shopping streets and other accessible places. Achieving this can test options and would include further consultation for expanding the RGZ and revising the GRZ.

2.

Protecting Neighbourhoods by doing a future review of Council’s 2013 Neighbourhood Character Strategy for targeted locations, where revisions to the NRZ may be appropriate.

3.

Considering significant locations and key sites: By reviewing past mapping for significant landscapes and identifying more key sites across the City.

4.2

1.

On the basis that Council has recently reviewed its Neighbourhood Character Strategy and has some past mapping for significant locations and key sites, the priority can go to Heidelberg West and those parts of Bellfield and Heidelberg Heights where housing regeneration is preferred in an accessible area. This priority will have synergy with Government priorities for investment in the emerging LaTrobe Employment Cluster. The proposed location of this cluster is shown in Attachment 2, which is an extract from the Government’s draft metropolitan planning strategy, Plan Melbourne. CONCLUSION Public consultation about the Victorian Government’s new residential zones has been done. Council’s C100 proposal, to introduce these new zones, has been discussed with interested parties and written comments have been considered. There are opportunities to refine the new zones. This is best done after an outcome is achieved for Council’s C100 in the Banyule Planning Scheme. Consequently any priorities should be considered for future annual budgeting. The recommended priority is to review the zones for Heidelberg West and those parts of Bellfield and Heidelberg Heights that are part of the emerging LaTrobe Employment Cluster. In the short-term Council can restate, to the Minister, that C100 should be approved as soon as possible. Doing this will support Council’s City Plan priorities and improve certainty for the local community and those involved in the residential development sector. RECOMMENDATION That Council: 1.

Writes a further letter to the Minister for Planning requesting a meeting with the Mayor and interested Councillors, and informing that: 1.1 1.2

Public consultation about the new residential zones and Banyule’s C100 proposal has been done; Received comments will assist Banyule’s preparation of future priorities for refining the new zones, after a ministerial outcome is achieved for the C100 proposal;

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NEW RESIDENTIAL ZONES cont’d

4.2

1.3

Council continues to seek the Minister’s approval to C100, as soon as possible.

2.

Contacts all interested parties who gave written comments, to inform on the above resolution and thank them for their contribution.

3.

Consider future 2016/17 budget allocation for a residential design framework across Heidelberg West and those parts of Bellfield and Heidelberg Heights in the LaTrobe Employment Cluster. This consideration should be progressed by the preparation of a Strategic Planning work program and budgeting of appropriate funds.

4.

Write to the Minister for Planning, to request funding support to create a design framework for Banyule’s residential land in the LaTrobe Employment Cluster.

ATTACHMENTS No.

Title

1

Summary of Feedback Received

342

2

Map of LaTrobe Employment Cluster

363

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Page

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4.3

NORTHERN HORIZONS

Author:

Ben Smith - Economic Development CoOrdinator, City Development

File:

F2014/683

Previous Items Council on 2 December 2013 (Item 4.6 - Northern Infrastructure Report) SUMMARY The release of the Northern Horizons report is a significant milestone in raising the profile of infrastructure needs and priorities in Melbourne’s North. The report provides Council with a clear advocacy agenda to leverage support, both locally and regionally, to fund and deliver a range of key initiatives. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction (3.1) to “maintain and improve Banyule as a great place to live”. BACKGROUND On 8 April 2014, Northlink released Northern Horizons: 50 Year Infrastructure Strategy for Melbourne’s North. The report provides a comprehensive assessment of the degree of provision and access to infrastructure within Melbourne’s northern metropolitan area. The eight municipalities of Banyule, Darebin, Hume, Mitchell, Moreland, Nillumbik, Whittlesea and Yarra comprise Melbourne’s North. These municipalities, together with La Trobe University, Northern Melbourne RDA (Regional Development Australia) and North Link contributed to the inception and resourcing of the report. The report provides a comprehensive regional analysis of all aspects of infrastructure in Melbourne’s North over the next fifty years including transport, social, utilities, environment and economic facilities and services. There is a close alignment with the State Government’s draft metropolitan planning strategy, Plan Melbourne, and the land use and transport priorities that are defined within it. Essentially, the Strategy provides a strong case for shared infrastructure priorities in the region based on a robust evidence base and mutual support from key organisations. The Strategy will assist councils (individually and collectively) to pursue funding opportunities and plan and initiate projects across the region. At the heart of the report is a demonstration of collaboration and a consistent approach amongst municipalities, coupled with a focus on mutually beneficial outcomes aligned with State priorities.

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4.3

Place – Sustainable Amenity and Built Environment


Place – Sustainable Amenity and Built Environment

NORTHERN HORIZONS cont’d

4.3

While the report has received broad support from across the region, some councils including Banyule, provided qualifications to their endorsements. At the 2 December 2013 Council meeting, it was resolved that (Resolution CO2103/411): “1.

Council supports the Northern Horizons – 50 Year Infrastructure Strategy for Melbourne’s North report with the qualification that references to the North East Link are amended as detailed in point 2 below.

2.

Council requests that references to the North East Link in the Northern Horizons – 50 Year Infrastructure Strategy for Melbourne’s North report are amended to recognise Council’s position. Council supports a metropolitan ring road solution that provides a freight and traffic direct connection from the M80 to the eastern side of the Mullum Mullum tunnel and East Link.

3.

The Melbourne Metro Rail Tunnel and Airport Rail should be added as priority projects for the region in the 50 Year Infrastructure Strategy for Melbourne’s North.

4.

Council advocates for priority projects in the Northern Horizons – 50 Year Infrastructure Strategy for Melbourne’s North report to State and Federal governments.”

Council’s qualification in point 2 has been addressed in the Northern Horizons report. Point 3 has also been addressed. Following the hierarchy of priorities established by Public Transport Victoria’s Network Development Plan, the Melbourne Metro Rail Tunnel is identified as an immediate priority project. The Melbourne Airport Rail Link features as a medium term priority project. ADVOCACY The Strategy provides a strong opportunity to advocate for a range of priority infrastructure issues for Council and adds significant weight to efforts to raise the profile of: Short Term      

Improved bus services; LaTrobe Austin National Employment Cluster; Improved tram operations; Implementation of the northern Regional Trails Strategy; Community centres; and Increased car parking at railway stations;

Medium Term      

Metropolitan Rail Stage 3; Extended tram network; New aged care facilities; Upgrading bus networks; New child care facilities; Additional hospital beds;

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Place – Sustainable Amenity and Built Environment

NORTHERN HORIZONS cont’d Long Term Metropolitan Rail Stage 4.

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.

4.3



TIMELINES The Strategy was released on 8 April 2014, and has been promoted by North Link to local and national media. The full report and a summary report are available for download at the North Link website (melbournesnorth.com.au). CONCLUSION The release of the Northern Horizons report is a significant milestone in raising the profile of infrastructure needs and priorities in Melbourne’s North. The report provides Council with a clear advocacy agenda to leverage support, both locally and regionally, to fund and deliver a range of key initiatives. RECOMMENDATION That Council: 1.

Supports the final Northern Horizons: 50 Year Infrastructure Strategy for Melbourne’s North report.

2.

Continues to advocate for the priority projects identified within the report.

ATTACHMENTS No.

Title

1

Northern Horizons Summary Report

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4.4

SAXAM HOMESTEAD - PLANNING SCHEME AMENDMENT C94

Author: Daniel Kollmorgen - Manager Strategic & Economic Development, City Development Ward:

Beale

File:

F2013/1386

Previous Items Council on 7 October 2013 (Item 4.4 - Ivanhoe Major Activity Area Planning Scheme Amendment) Council on 3 March 2014 (Item 4.3 - Ivanhoe Structure Plan Planning Scheme Amendments C93, C94) SUMMARY To provide an update on discussions on Saxam Homestead as part of Amendment C94 to the Banyule Planning Scheme and advise on next steps for this place. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND Council has been going through the process to incorporate a number of places conceived to have heritage value into the Banyule Planning Scheme through Amendment C94. Planning Scheme amendments associated with heritage allow for a number of separate places to be processed at one time. As such amendment C94 contains a number of places which are within the Ivanhoe Structure Plan area, and one place, Saxam Homestead, which is separate and located within the Churinga site off Diamond Creek Road. Through the exhibition process two places received submissions, Saxam Homestead and a property within the Kenilworth Parade heritage precinct. At its Meeting of 3 March 2014, Council resolved to separate those places that did not received any submissions and request an approval from the Minister for Planning for incorporation of a Heritage Overlay for those places into the Scheme, and that unresolved submissions be referred to a Planning Panel, as follows:

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4.4

Place – Sustainable Amenity and Built Environment


Place – Sustainable Amenity and Built Environment

SAXAM HOMESTEAD - PLANNING SCHEME AMENDMENT C94 cont’d

1.

Determines that public exhibition of Amendment C93 and C94 is now complete, and no further submissions will be considered for these proposals.

2.

Splits Planning Scheme Amendment C94 into two parts: Part A, those precincts and places where there are no outstanding submissions can be finalised and the Minister’s approval requested and Part B, the unresolved submissions can be referred to a Planning Panel.

3.

Progress the approval of Amendment C94 Part A without a further report to Council.

4.

Continue discussions with submitters to determine final, unresolved submissions and explore beneficial refinements to the exhibited proposals with discussions to be completed by 30 April 2014 and any unresolved submissions be referred to a Planning Panel.”

Following the resolution on 3 March 2014 a meeting has been held with representatives of the future owners of the Saxam Homestead site to understand whether the submission can be resolved. The essence of the submissions regarding Saxam Homestead relate to two things: 1.

The treatment of the Saxam Homestead building; and

2.

The effect of a Heritage Overlay on VicRoads’ Public Acquisition Overlay on the Churgina site.

DISCUSSION It is considered appropriate to come to an understanding on how the building and heritage values of the Saxam Homestead site are appropriately treated and then to formally and legally agree on this treatment and thus avoid the need for a heritage overlay as its objective would have been substantively met. To this end officers are in the process of reaching a consensus on the appropriate treatment of Saxam Homestead. Expert heritage advice is being sought to guide the appropriate treatment of the place. Once this is reached the future land owner has agreed to enter a s173 agreement under the Planning and Environment Act to enshrine this treatment on title. As a consequence of an agreement on title a Heritage Overlay and panel hearing is not necessary, which would also resolve VicRoads’ submission. The submission on the Kenilworth Parade property also remains outstanding, and while officers have met with the submitter it does not appear to be able to be resolved at this time. If this continues to remain the case a panel hearing will be required for this site.

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4.4

“That Council:


Place – Sustainable Amenity and Built Environment

SAXAM HOMESTEAD - PLANNING SCHEME AMENDMENT C94 cont’d

4.4

WHERE TO NEXT A directions hearing for Amendment C94 Part B has been set down for Friday, 9 May 2014. It is anticipated that a final resolution of the treatment of Saxam Homestead will not been achieved by this time, however it would be appropriate to indicate to the planning panel that a hearing on the merits of Saxam Homestead may not be necessary. There would still likely be an unresolved submission regarding a property in Kenilworth Parade which would require consideration by the planning panel, however for one site the panel may seek to consider the matter on the papers rather than have a formal hearing. CONCLUSION Resolution on the heritage matters associated with Planning Scheme Amendment C94 has progressed, whereby heritage overlays have been requested to be placed over properties that have not received a submission in the exhibition process, and discussions are being held to resolve outstanding submissions on Saxam Homestead and the Kenilworth Parade property. There is an opportunity to achieve the objective of a Heritage Overlay, to appropriately respect the heritage values of a place, for Saxam Homestead, and to have such a treatment captured on title through an agreement in accordance with section 173 of the Planning and Environment Act. Consequently there is not likely to be a need for a planning panel associated with Saxam Homestead. RECOMMENDATION That Council: 1.

Continues to negotiate for an appropriate and respectful treatment of Saxam Homestead which is to be enshrined on title through an agreement in accordance with s173 of the Planning and Environment Act.

2.

Advise the Planning Panel at the Directions Hearing on 9 May 2015 of the above resolution and that a planning panel on the merits of Saxam Homestead as a part of Amendment C94 may not be necessary.

3.

Formally notify the Planning Panel of withdrawing Saxam Homestead from Amendment C94 once an agreement on its treatment is reached and an agreement lodged with the Titles Office.

4.

On withdrawing Saxam Homestead from Amendment C94, request that the planning panel consider the individual Kenilworth Parade site ‘on the papers’ rather than the formal in person hearing.

ATTACHMENTS Nil

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5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2)

Author:

Peter Utri - Manager Organisational Performance, Corporate Services

File:

F2014/647

SUMMARY To provide public notice of Council’s intention to adopt Banyule’s City Plan for 20132017 (Year 2) at a Council Meeting on Monday, 23 June 2014, and strive to achieve Council’s Vision for its community: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. To provide an opportunity for additional formal feedback on the proposed City Plan. To fulfil our compliance with sections 125 and 126 of the Local Government Act 1989, and consider public submissions to the exhibited draft plan at a Council Meeting on Monday, 23 June 2014. This Council Plan is based on information gathered from extensive community consultation, legislative context and evidence of industry best practice. The plan outlines the strategic intent and direction for Banyule City Council and focuses on outcomes significant to our community. It incorporates key initiatives, many of which will occur in 2014-2015. All initiatives outlined are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this plan. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction of ‘plan and engage with our community’.

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5.1

Participation – Community Involvement in Community Life


Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d An Overview from the Mayor & Chief Executive Officer

5.1

PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT One of Council’s vital roles is to promote and support good health for people of different ages, life stages and backgrounds. Community feedback continually reaffirms the need for Council to offer accessible health services and support programs. Banyule's Home and Community Care Program (HACC) provides services to over 4,500 clients and delivers approximately 63,000 meals each year. The services are designed to support eligible frail older people, people with disabilities and their carers to live actively and independently in their homes. Council provides free primary health services for all Banyule families with children aged birth to school age. We support families in the areas of parenting, health and development, wellbeing and safety, as well as provide referrals to support groups. Council directly manages three childcare centres and two kindergartens, and also manages 4-year-old enrolments for 29 community-managed kindergartens. Banyule Youth Service offers information, activities, resources and support for young people and their families. All of these services are regularly reviewed and updated to ensure we keep delivering quality outcomes. Council manages a range of activities for all ages that provide opportunities for diversity, encourage connectedness, enhance individual wellbeing and allow people to develop skills. Feedback from the community supports the need to offer such programs to keep older people active and engaged, as well as provide more resources and outlets for young people and families to access. We will continue to provide these essential initiatives services that help connect our community and bring many positive benefits. Council is committed to making Banyule a healthier and more resilient community. PLANET – ENVIRONMENTAL SUSTAINABILITY Council recognises the importance of managing the natural environment with upmost care, focusing on long-term sustainability. Preserving Banyule’s extensive parklands and native bushlands is a shared goal by Council and community. We are increasingly adopting ways to reduce our environmental impact on the planet with many local initiatives. Our stormwater harvesting will save $300,000 or the equivalent of 45 Olympic swimming pools of drinking water alone each year. We constantly seek to avoid and reduce waste, encourage recycling and promote environmentally friendly practices within our organisation and in partnership with businesses and community groups. Council is also determined to respond to climate change and this year has focused on delivering its street light program, which will result in long-term environmental and economic benefits. It is committed to implementing a solar energy program before the end of its term in 2016 that will harness power from the sun from the roofs of its Council’s facilities. Banyule’s Environmental Sustainability Grants continue to encourage individuals and groups to adopt eco-friendly practices.

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Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

Maintaining Banyule’s identity and neighbourhood character is something Council and Banyule residents feel strongly about. We have aimed to strike a reasonable balance between growth and protecting our built and natural environment. As always, we look to retain the liveability of Banyule by protecting our open space and significant trees. Council is improving the quality of buildings and infrastructure, and revitalising local shopping strips, which all helps to encourage a sense civic pride. Not only does Council continue to provide direct services and manage extensive infrastructure, it continues to advocate on behalf of its community to maintain our quality of life in Banyule. Improving transport, addressing traffic congestion and doing more for sustainable transport are big issues among the community. We will continue to work with other levels of government, state agencies and community groups to ensure Banyule is well represented and accesses as much funding as we can to address such issues. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE Participation in community life remains an important objective for Council. We are committed to providing opportunities for the community to engage with us and help shape the City. We are improving ways you can access information, provide input and take part in decision making processes. We continue to improve our communication through newsletters, press articles and the Banyule Banner, as well as becoming more active on social media. Advocating on your behalf is one of our key roles and we are always looking at ways to bring benefits and deliver services for our residents. Council works on many initiatives and programs, from combatting discrimination, graffiti and racism to offering diversion programs for the very young through to the elderly. We actively support local businesses, providing a range of services from helping new business to start and achieve success. Banyule continues to see the importance of bringing people together, promoting community spirit and diversity, and fostering community cohesion. We sponsor, run and participate in popular community events and activities, ranging from our benchmark Banyule festivals, Malahang Festival, Carols, through to local events such as Movies in the Park. These activities have been an enormous success throughout the year and we will continue to support these occasions that help celebrate community, as well strengthen ties. PERFORMANCE – USE OUR RESOURCES WISELY Underpinning everything we do at Council will continue to remain strong in governance, financial management and efficient service delivery. We remain transparent and accountable as an organisation. Council continues to become more representative as it listens to and responds to the needs of the community, evaluating its services to ensure they remain relevant. We do, however, receive disparate views about reducing or expanding services depending on people’s direct use of services and the value they perceive in these. Our role is to balance these divergent views and differing priorities in order to provide the best outcomes for the long-term sustainability for the community.

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5.1

PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT


Participation – Community Involvement in Community Life

5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d The City Plan is a direct response to deal with ageing infrastructure that without investment will continue to deteriorate and exacerbate what is called a ‘renewal gap’. Although such costs are substantial in the short term, the long term benefits for the community, in terms of physical improvements and financial savings make it a necessary and prudent decision. The City Plan Year 2 continues to make vast inroads in reducing this gap with an emphasis on investing in infrastructure, which will help safeguard our future. The most recent Auditor General’s Report (February 2014) on Council Asset Management and Maintenance raised concerns that without appropriate Council action, asset management could become more difficult and less affordable in the future and adversely affect services to communities. Banyule is seeking to continue to address this issue to ensure our assets remain in good condition for future generations. Across Australia, increased cost shifting, reduced funding and changes in regulation from both State and Federal Governments has put local Councils under financial strain. We continue to advocate both levels of government for grants relating to sporting facilities, new infrastructure and service initiatives that will reduce the burden upon Councils and rate payers. Council realises rates are only one source of revenue and as such is concluding its sale of the former Haig Street school site in order to return important assets to the community in the form of a state-of-the-art sports facility. Our Councillors continue to listen to our community and have identified several key areas for Council to focus on: nurturing our environment; focusing on asset renewal; ensuring fiscal responsibility; continuing good governance; enhancing planning processes; developing community partnerships and increasing the effectiveness of Council communication. These themes are firmly embedded in our City Plan (20132017). Council wants to remain as accessible as possible to its community and we are always happy to hear differing views. We welcome your input and actively encourage your participation. The City Plan is just one example how we continue to involve the community in shaping the City’s direction. We look forward to continuing this collaboration and ensuring Banyule’s bright future. BACKGROUND The City Plan is Banyule City Council’s Plan as required by Section 125 of the Local Government Act 1989. The Plan forms Council’s key strategic platform for the delivery of services and areas of focus for advocacy to its Community. The Plan also contains Council’s response to the section 126 of the Local Government Act 1989, in so far that it incorporates Council’s Strategic Resource Plan 2014/2015–2017/2018. This is the second year of Council’s four year City Plan 2013-2017, prepared following the Council election in October 2012.

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Participation – Community Involvement in Community Life

The development of the City Plan 2013-2017 (Year 2), attached to this report, has been formed by the information gathered through an extensive community engagement and planning process. The framework is developed and supported by current policy and responds in a strategic sense to the expressed needs of our community. The process included Councillor Planning Workshops during November-December 2013 and February 2014, to review progress being made against the City Plan 20132017, identify challenges, and review focus areas and priorities. The Plan articulates the key strategic intent of Council and responds to newly identified challenges and opportunities presented to Council and the community over the life of this plan. CONSULTATION AND RESEARCH Community Engagement – An Overview of Consultation Approach Council’s four year City Plan (2013-2017) was developed last year after extensive community consultation. Each year we review and modify our four year City Plan. Accordingly we designed this year’s consultation approach so that we could include community feedback into our City Plan review process. As part of the development of our four year City Plan, in late 2012 and early 2013 we asked the community about Council’s Key Directions and Focus Areas within the City Plan, and whether they could suggest changes and additional priorities. People were also asked more open-ended questions such as: “what do you like most about your neighbourhood?” and “what would you like to see in your neighbourhood?” We also included the findings of other research and consultation conducted with the Banyule community. This adds to the variety of voices and views on how we can make Banyule an even better place. The community consultation we have undertaken this year was designed to feed into the Year 2 City Plan review process. Separate surveys were developed for each of four key City Plan objectives (the fifth objective of ‘Performance’ mainly relates to the way in which we support the delivery of services and the mechanics of how we arrange our financial resources). We highlighted examples in our consultation of what has been achieved and asked for feedback about whether people thought Council was on track and asked for suggestions for improvement. More than 1,000 people told us their ideas through many means including online, at events and through targeted community consultation. Our community was given the opportunity to complete surveys on one or more areas of our work:    

People - supporting and strengthening the health and wellbeing of the Banyule community. Planet - environmental sustainability and protecting Banyule’s natural environment. Place - maintaining and enhancing Banyule’s public spaces and infrastructure Participation - community engagement and involvement in community life.

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5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d


Participation – Community Involvement in Community Life

5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d Results There was overwhelming support for Council’s activities. We provided examples of the work completed within the last 12 months and asked if people feel that we are on track with reaching our goals. The results are as follows:    

73% of people agreed or strongly agreed that we are on track in the area of Place. 78% of people agreed or strongly agreed that we are on track in the area of Planet. 79% of people agreed or strongly agreed that we are on track in the area of People. 79% of people agreed or strongly agreed that we are on track in the area of Participation.

We also asked for comments and suggestions for improvement and collated these into four summary documents. Some of the issues identified in the consultation relate to specific actions or complaints. Where appropriate, these have been fed into the Customer Request Management (CRM) system for action by the relevant area of Council. More than 30 requests for follow up action have been made. Some people also commented that it was difficult to answer if they thought we were on track without further information on benchmarks, indicators, or some sort of comparison. This is an area we have taken on board and strengthened in this plan. The extended series of themes and issues raised in the most recent community engagement program are as follows: PEOPLE THEMES



Promoting and supporting good health for people of different ages, life stages and backgrounds Activities for young and old in the community

  

Graffiti and community safety Events and community activities Local shops and supporting small business

 

Affordable, good quality leisure facilities Planning and preparing for emergency events



PLANET THEMES       

More tree maintenance and planting Working together to eliminate rubbish from our waterways, parks and streets Conserving water and reusing stormwater Taking action on climate change Avoiding and reducing waste Working with the community to manage fire hazards Acting as environmental stewards

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Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

   

Maintaining Banyule’s identity - neighbourhood character and managing growth Improving transport - addressing traffic congestion problem areas and doing more for sustainable transport Retention and protection of open space Local services, facilities and shops

PARTICIPATION THEMES     

Having a range of ways to consult and receive community feedback Community events, volunteering and activities Combatting racism and discrimination, and community education Advocacy to State and Federal government Improving ways to get information from Council

Phase two - feedback As a result of the comments received from the consultation process we produced two sets of documents which were made available to the community via the web, Council Service Centres, libraries and Neighbourhood Houses during mid to late April: 

Council’s Draft City Plan 2013-2017 (Year 2) A clearer link to the outcomes of how we have responded to the community engagement findings is articulated in the Year 2 City Plan through the inclusion of key initiatives. These initiatives reflect the intent of Council to provide a comprehensive suite of services to its community and are highlighted to clearly demonstrate the actual manifestation of the strategic intent. This allows our community to comment in detail on whether Council has fairly represented the priorities and needs of its community.



Community Consultation Results This group of documents includes a summary of the approaches Council used to consult and engage with the local community, and four reports detailing the communities’ feedback and examples of how Council is addressing community feedback under the headings of Place; Planet; People; and Participation. These documents assist the community to see Council’s response to the themes they raised by showing links with the Draft City Plan 2013–2017 (Year 2).

Evaluation and improving the consultation process Each year we evaluate the consultation process to look for ways to improve how we consult and engage with our community. This information also feeds into the review of cross-Council consultation resources and guidelines to assist with future consultation and engagement activities, and have a consistent and co-ordinated approach.

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5.1

PLACE THEMES


Participation – Community Involvement in Community Life

5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d Cumulative and historic consultation information and research processes Extended consultation adds to the robustness of information gathered and aids in how decisions are made. This data mining and research widens the ways that we can hear from and represent people’s views. This is especially true for those who do not like going to meetings or completing surveys. Other research included in the consultation findings are the following:             







Banyule City Council Household Survey, 2011 Banyule Municipal Early Years Plan consultation, 2012 City of Banyule Local Area Community Safety Profile, 2012 Demographic data, Australian Bureau of Statistics, 2011 Heidelberg West Neighbourhood Renewal – 2011 community survey summary Multicultural policy and Action Plan, Banyule City Council, 2011 Older Persons’ Consultation, 2011 Parent/Guardian Survey Analysis - Banyule Municipal Early Years Planning, 2013 Seniors Forum Report, 2011 Top twenty data sources for describing community wellbeing in Victoria, Victorian Department of Planning and Community Development, 2012 Youth Fest Youth Services Survey Results, 2012 Customer Service Expectations Survey, 2011 The Banyule Community Plan - It involved extensive community consultation and input (during the period July 2008 to December 2009) from individuals and local community groups – more than 2,000 people participated in the development of this Plan. The purpose of a Community Plan is to identify the community’s vision for its city as we move towards 2020. In doing so, it seeks to articulate the things that need to change to achieve that preferred future, as well as the things the community values now that should be retained for the future. An important feature of the Community Plan is its ownership and development by the community, and that the community accepts responsibility for its implementation. Local government can contribute to an important advocacy or linking role in this regard. A review of the corporate Communications Plan – this involved internal consultation with staff, and a desktop review of strategic documents, customer research (survey) reports and on-line presence. This will assist with future communications, consultation and community engagement. A review of the Customer/Community Charter – this involved consultation with our community (residents and businesses) via telephone and focus group meetings, and is currently undergoing internal consultation across the organisation. The charter sets out our commitments and customer service standards, and also details feedback mechanisms for the community to provide comment or suggestions on service improvement. A comprehensive Household Survey conducted in April 2008 and 2011, which has added to our knowledge of our Community.

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Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

Banyule was amalgamated in December 1994 and as such it has a rich history of services provided to its community. Each new City Plan draws on this knowledge of the community. Council’s understanding of what the community needs and expects is based on community feedback and a broad range of other key inputs such as regular surveys, research, socio economic data and the experience of our professional staff. Council uses a variety of methods for involving our community in the decisions we make. These include public forums such as workshops, advisory committees, surveys, focus groups, and community comment mechanisms, email feedback via our website and individual feedback such as formal submissions. Regular Community Consultation In addition to specific community consultation projects undertaken as part of individual Best Value service reviews, Banyule also conducts community consultation and stakeholder forums prior to developing or revising corporate policies and strategic plans. We also draw on other current community consultation data sources such as:  

 





State Government Annual Community Satisfaction Surveys. Key Council plans and strategies (e.g. People: Health and Wellbeing Policy and Strategy, Planet: Environmental Sustainability Policy and Strategy, Municipal Strategic Statement, Arts Plan and the Recreation Plan). Demographic information on residents and businesses. Culturally and Linguistically Diverse (CALD) communities; in conjunction with the Migrant Resource Centre, focus groups were held with identified community groups to better understand particular needs and the delivery of Council’s services. Ivanhoe Structure Plan - extensive consultation and information sessions conducted in relation to assessing and developing this project with community input and feedback. Industry benchmarking exercises to compare Council services with best practice standards. Many of these comparators will become readily available to our community through the office of Local Government with their LGPRF indicator program.

Customer requests are a key source of information to assist in improving our services. We are committed to providing excellence in customer service and communications, to ensure our community and stakeholders have access to quality information about Council services, activities, processes and systems. Council continues to deliver an ‘Out & About’ program to foster better links and information flow with the community. Under this program, members of the customer service team (supported by service unit staff) attend community centres and events to promote Council and community programs and services, as well as educate the community on how to best access the services and opportunities available to them. This program is very successful and has a particular focus on groups who have difficulty in accessing Council information or services, for example senior citizens groups.

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5.1

Additional sources of data that inform Council decision making


Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

5.1

Demographic resources Much of our decision making is based upon demographic information and forecasting tools which enable us to look forward and plan appropriately for our community. These include   

ABS census data ID data analysis of 2011 Census information for the Banyule census collector districts Community Indicators of health and wellbeing from the Department of Health.

Local Government Planning and Accountability Framework During February-March 2014 the State Government’s Department of Transport, Planning and Local Infrastructure released a Regulatory Impact Statement (RIS). The RIS was prepared to facilitate public consultation on the proposed Local Government (Planning and Reporting) Regulations 2014 (the proposed Regulations). The legislation has now been authorised by the Governor and commenced operation on 18 April 2014. The Regulations replace the Local Government (Finance and Reporting) Regulations 2004 and contain some significant changes, including a performance reporting framework. The Regulations support the operation of the new planning and reporting framework for Councils under the Local Government Amendment (Performance Reporting and Accountability) Act 2014. Banyule City Council adheres to the ‘Local Government Planning and Reporting Better Practice Guide’ in the development of its strategic planning process. This guide is designed to assist Councils to best meet requirements under the Local Government Act 1989 as they relate to the planning and accountability framework. It provides councils with relevant and practical information to assist in the development of key planning and reporting documents required under the Local Government Act 1989 and as prescribed in the Local Government (Planning and Reporting) Regulations 2014 (the Regulations). These include the Council Plan (City Plan), Strategic Resource Plan, Annual Budget and Annual Report. The guide also outlines the role of the Victorian Auditor-General and highlights the benefits of a relationship with a community plan. Consultation on the Initial Draft City Plan 2013-2017 (Year 2) The draft of the new City Plan 2013-2017 (Year 2), including the Strategic Resource Plan 2014/2015–2017/2018, has been available for community consideration via Council’s website and Service Centres, and at local libraries and neighbourhood houses, during 9-23 April 2014. The draft plan has also been promoted through The Banner newsletter and via advertisements in local papers. CITY PLAN 2013-2017 (YEAR 2) Council’s City Plan 2013-2017 (Year 2) outlines priorities and helps guide the services that we provide to the community. The City Plan is informed by and used by Councillors, Council staff, community members, relevant stakeholders, agencies, the State Government, and residents.

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Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d The Strategic Objectives as described in Banyule’s City Plan 2013-2017 (Year 2), being Banyule’s Council Plan, are:

5.1

People – Community strengthening and support Planet – Environmental sustainability Place – Amenity and built environment Participation – Community involvement in community life Performance – Use our resources wisely The People, Planet and Place objectives are central. Their success is dependent on how well we succeed with the Participation and Performance objectives. A four year City Plan has been developed through extensive community engagement and feedback. The foundation of this work has led Council to include significant areas of emphasis in its planning, including:         

The building of a strong and vibrant community Improving communication with our community so we are better informed as to things that matter. Identifying opportunities that bring social and economic benefits to the community Developing local activity centres in an appropriate and sustainable way. Making land-use planning more consistent and see that it improves local neighbourhood character Ensuring comprehensive transport planning and advocacy on transport and congestion issues. Continuing a strong focus on delivering quality, value for money services Ensuring our financial sustainability and making sure we continue to deliver our services to the levels expected. Advocating to other levels of government on important community issues, even where it is not Council’s direct delivery role, and ensuring that this is done in the strongest terms to affect change for the betterment of Banyule.

On an annual basis Council reconsiders the areas of emphasis outlined for its four year plan. On the basis of the information available this year, Council has considered the following as the key themes to be incorporated within our current plan framework: 

Environment – protecting our environment and becoming even more sustainable



Communication – continuing to effectively engage and communicate with our community



Infrastructure – renewing and maintaining infrastructure, from drains to buildings Fiscal responsibility and reporting – maximising return to the community Good governance – sound decision making that is timely and based on facts Planning – a thorough and thoughtful planning framework and process Community partnerships – strengthening existing partnerships and identifying new ones.

   

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PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

5.1

These views have been considered to develop City Plan key initiatives for 2014/15. We have continued our program of extensive community engagement and feedback, with a concentrated and targeted effort over the period November 2013 to March 2014, and have further strengthened the areas of focus in our City Plan 2013-2017 (Year 2). This will also be reflected in our Budget initiatives for 2014-2015. We have also ‘closed the loop’ by showing our community how we have directly responded to what they have said during our community engagement process. This has been captured through a series of key summary papers that showcase ‘What you said’, and ‘How we are using what you said’. This includes a summary of how the information links with the City Plan objectives. It is part of our ongoing program and commitment to communicating and engaging with our community, and responding to community needs. The extended series of themes and issues raised in the most recent community engagement program are as follows: The full reconciliation of community themes and initial responses promoted to the community can be found at http://www.banyule.vic.gov.au In conjunction with these themes developed with our community, a strong governance and efficiency base underpins the areas of emphasis for our Performance Objective. These themes are more inwardly and structurally based to ensure the right performance outcomes for our community. PERFORMANCE THEMES The following are themes related to the City Plan’s Performance objective, based on analysis and extrapolation of the feedback received through the various consultation and research processes:        

Efficiency Effectiveness Best Value quality for our services Prudential financial management Secure information Stable industrial environment Transparency Accountability

A clearer link to the outcomes of how we have responded to the community engagement findings is articulated in the City Plan through the inclusion of key initiatives. These initiatives reflect the intent of Council to provide a comprehensive suite of services to its community and are highlighted to clearly demonstrate the actual manifestation of the strategic intent. This allows our community to comment in detail on whether Council has fairly represented the priorities and needs of its community.

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PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

A further formal opportunity for community consideration exists in the form of written submissions, which are now invited to be submitted by 4 June 2014, prior to the City Plan being presented for final adoption at a Council Meeting on Monday, 23 June 2014. Advertisements are to be placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period. A copy of the City Plan will be available on Council’s website and at the Ivanhoe, Rosanna and Greensborough Service Centres from Tuesday, 6 May 2014. It was also available at local libraries and neighbourhood houses, together with the proposed Budget 2014-2015. The required statutory notice advertisement is to appear on Council’s website on Tuesday, 6 May 2014, and in ‘The Age’ on Wednesday, 7 May 2014. In accordance with the provisions of Section 223 of the Act, submitters will be provided with the opportunity to address Council in support of their submissions. The public notice informs the community of Council’s intention to adopt Banyule’s City Plan 2013-2017 (Year 2) in accordance with Sections 125 and 126 of the Local Government Act 1989, at a Council Meeting on Monday, 23 June 2014. CONSIDERATION OF SUBMISSIONS All submissions to the City Plan received in the statutory advertising period will be put forward to Councillors for consideration. A summary of the issues will be presented to Council. 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 of the City Plan does not raise any human rights issues but enhances the human rights of our community. As a part of Council’s community engagement program for the City Plan, the plan has been developed through extensive consultation and engagement. This process of community involvement has promoted and facilitated specific rights outlined in the Charter, namely the right to take part in public life and the right to freedom of expression. FUNDING IMPLICATIONS The attached City Plan contains the Strategic Resource Plan for Banyule City Council for the next 4 year period. The Strategic Resource Plan outlines how Council will manage our financial and nonfinancial resources, including human resources, over the next four years to achieve our strategic objectives.

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LEGAL CONSIDERATION


Participation – Community Involvement in Community Life

5.1

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d In 2014, the Strategic Resource Plan has been modified to meet the requirements of the Local Government Act 1989 and the Local Government (Planning and Reporting) Regulations 2014, which commenced operation on 18 April 2014. This sits well with Banyule’s objective of ‘Performance – Use our resources wisely’. The Strategic Resource Plan consists of the following:   

The ‘Performance – Use our resources wisely’ objective. This includes key directions for achieving the objective, and focus areas for the next four years The ‘Management of our Human Resources’ section, which includes statements describing the human resources required for the next four years The Financial Resources section, which includes information on financial position, financial statements and commentary on these.

The Plan also takes into account services and initiatives contained in plans adopted by Council, as well as other information prescribed by the regulations. In addition, the Strategic Resource Plan describes how we manage our financial resources in a sustainable manner. Prudent management enables our staffing, physical resources and community services to be maintained in a way that meets our community’s current and future needs. This includes developing sustainable income streams and financial independence, and rates that support the services and infrastructure for our community. Our Linkage between City Plan and Budget The Annual Budget is developed within Council’s overall strategic planning framework. This framework guides the Council with information that aids in identifying community needs and aspirations over the long-term, converting these into medium (Council Plan) and short-term (Annual Budget) objectives, key directions, initiatives, services, and allocates resources in a considered manner with this information. Accountability to our community is ensured through Audited Financial and Performance Statements (containing our key performance indicators) and our statutory annual report to the community. Essential in the planning and application of Council’s resources is the critical link to the community. Council undertakes an ongoing and iterative process of engagement across all parts of our community. We use direct community information along with key demographic data, we provide due reference to the legislative contexts we work within and utilise industry benchmarks to assess the appropriate level of service for our community. We test the management of these services against both national and international standards of quality, efficiency and effectiveness. There are direct and obvious links between the broad range of information we gather and the activities we fund to meet our stated strategic intent. We review this annually and re-assess our activities and areas of emphasis for our community on this annual basis.

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Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

The City Plan is underpinned by a key strategy framework. Each of our strategic objectives is underpinned by comprehensive supporting policies, strategies and plans. Our key policy and strategy documents informing the City Plan are continuously reviewed to ensure relevance and responsiveness to community needs and best industry practice: 

Banyule People: Health and Wellbeing Policy & Strategy – provides the framework to promote good health and wellbeing at all ages within Banyule. The four-year strategy is supported by an annual action plan, and has been developed in partnership with participating agencies and our community. The combination of the relevant sections of the City Plan and the Banyule People: Health and Wellbeing Policy & Strategy represents and satisfies the statutory requirements for a Municipal Public Health and Wellbeing Plan as required by the Victorian Health and Wellbeing Act 2008.



Banyule Planet: Environmental Sustainability Policy & Strategy – provides the framework for achieving environmental sustainability in Banyule. It provides guidance and direction for supporting action plans that are reported in the annual State of the Environment Report.



Banyule Place Policy & Strategy – provides the framework for maintaining and improving Banyule as a liveable and vibrant place.



Banyule Participation Policy & Strategy – provides the framework for Council to support community involvement, by appropriately engaging with our community on issues that affect them, encouraging participation and advocating on behalf of our community



Banyule Performance System: Strategic Resource Plan, Strategic Budget, 10 year Capital Works Plan, Banyule Management System – our ‘Performance’ objective is underpinned by policy context and strategic intent that is informed by a strong legislative framework, using industry best practice guides (eg. Reporting guidelines for local government budgets in Victoria, provided by The Institute of Chartered Accountants in Australia), and our Banyule Management System (BMS). The BMS is based on meeting the Best Value Principles of service delivery to our community, and incorporates a certification program against three key National and International Standards in Quality, Occupational Health and Safety and Environmental Management.

Our City Plan’s Relationship with the Municipal Public Health and Wellbeing Plan The City Plan and the Banyule People: Health and Wellbeing Policy & Strategy also meet Banyule’s obligation for a Municipal Public Health and Wellbeing Plan under the Victorian Public Health and Wellbeing Act 2008.

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POLICY IMPLICATIONS


Participation – Community Involvement in Community Life

PREPARATION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2) cont’d

5.1

CONCLUSION Year 2 of the City Plan has further refined Council’s endeavours to deliver on the expressed needs of our community. Banyule City Council continues to provide its community with a comprehensive framework of integrated objectives, focus areas and key initiatives. These cover a broad range of service delivery areas, internal support activities, important advocacy issues and deliver strong leadership for our community with good open governance. This second year of Council’s 4 year strategic plan refines the blueprint for Banyule City Council to achieve its Vision: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. RECOMMENDATION 1.

That the City Plan 2013-2017 (Year 2) attached, be the Council Plan prepared by Council for the purposes of Sections 125 and 126 of the Local Government Act 1989.

2.

That Public Notice of the preparation of the attached City Plan 2013-2017 (Year 2) be given on Council’s website to appear Tuesday, 6 May 2014, and in The Age newspaper to appear Wednesday 7 May 2014 and local newspapers, and copies of the draft plan to be made available online on Council’s website, at Council’s Service Centres, and at local libraries and neighbourhood houses.

3.

That Council receive formal submissions regarding the proposed City Plan 2013-2017 (Year 2) until the close of business on Wednesday, 4 June 2014.

4.

That Council consider any submissions in regards to the proposed City Plan 2013-2017 (Year 2) in accordance with Sections 125 or 223 of the Local Government Act 1989; at a Council Meeting to be held on Monday, 23 June 2014.

ATTACHMENTS No.

Title

1

Draft City Plan 2013-2017 (Year 2)

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6.1

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015

Author:

Keith Yeo - Director Corporate Services, Corporate Services

File:

F2014/712

6.1

Performance - Use Our Resources Wisely

SUMMARY To give notice of the preparation of Council’s Budget for 2014/2015 (as attached) for the purposes of Section 127 of the Local Government Act 1989. To provide public notice of Council’s intention to adopt Banyule’s Budget for 20142015 (in accordance with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 23 June 2014, and strive to achieve Council’s Vision for its community: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. To provide an opportunity for additional formal feedback on the proposed Budget. To fulfil Council’s compliance with sections 127 and 130 of the Local Government Act 1989, and consider public submissions to the exhibited draft Budget at a Council Meeting on Monday, 23 June 2014. The development of the Budget 2014-2015 is based on information gathered from extensive community consultation, a defined legislative context and evidence of industry best practice. The Budget is developed and supported by current policy and responds in a direct way to the expressed needs of our community outlined in the City Plan. Council’s proposed Budget 2014-2015 responds to the community priorities for Banyule. The Draft City Plan 2013-2017 (Year 2) sets a clear strategic direction for Council and ensures we continue to deliver the right services in the right way in response to the community’s expressed needs. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City. This proposed budget responds to the strategic intent and direction for Banyule City Council over the life of the City Plan 2013-2017. 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.

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d CITY PLAN

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This report is in line with Council’s City Plan key direction of "manage our financial resources in a sustainable manner". BACKGROUND Public Notice Process Notice is required to be given to the public of Council’s intention to formally: i. ii. iii.

Adopt the budget; Declare differential rates, service charges and any municipal charge; and Require interest to be charged on unpaid rates and charges;

It is the declared intent of Council to adopt this Budget at a meeting of Council on Monday, 23 June 2014 starting at 7.45pm. Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2014-2015 will be made available to the public for a four week period commencing Tuesday 6 May 2014 and concluding Wednesday, 4 June 2014. A copy of the budget will be made available for inspection at the Ivanhoe, Rosanna and Greensborough Service Centres and on Council’s website, from Tuesday, 6 May 2014, and will also be made available via local libraries and neighbourhood houses. The public notice and exhibition of the Proposed Budget enables any person affected by the Proposed Budget to make a formal submission to Council. Submissions received by Council in accordance with Section 223 of the Act will be considered by Council prior to the final Council consideration of the adoption of the Budget on Monday, 23 June 2014 A series of public meetings to explain the budget will be held between 6:00pm and 7:00pm on the following dates at the following locations. Date

Venue

14 May, Wednesday 20 May, Tuesday 22 May, Thursday

Macleod Community Hall, Macleod McCubbin Room, The Centre Ivanhoe, Ivanhoe WaterMarc Meeting Room, Greensborough

Budget Development Process The draft Budget has been developed to work to the delivery of the City Plan 20132017 (Year 2) objectives, which sets the overall strategic direction for Banyule. This Proposed Budget has been prepared with a focus on responsible financial management and in accordance with the Local Government Act 1989 (the Act) and Local Government (Planning and Reporting) Regulations 2014 (the Regulations), and Accounting Standards.

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

The annual Budget 2014-2015 reflects the ‘Model budget’ form and has been prepared with reference to The Institute of Chartered Accountants “Victorian City Council Model Budget 2014/2015” a best practice guide for reporting local government budgets in Victoria. The budget provides for the sound provision of financial resources. The 2014/15 budget, which is attached to this report, is for the year 1 July 2014 to 30 June 2015 and is prepared in accordance with the Act and Regulations. The budget includes financial statements being a budgeted Comprehensive Income Statement, Balance Sheet, Statement of Changes in Equity, Statement of Cash Flows and Statement of Capital Works. These statements have been prepared for the year ended 30 June 2015 in accordance with the Act and Regulations, and are consistent with the annual financial statements which are prepared in accordance with applicable Australian Accounting Standards. The budget also includes information about the rates and charges to be levied, the capital works program to be undertaken, the human resources required to deliver Council services, and other financial information Council required in order to make informed decisions about its financial future. In advance of preparing the budget, Officers first review and update Council's long term financial projections. Financial projections for at least four years are ultimately included in Council's Strategic Resource Plan, which is the key medium-term financial plan produced by Council on a rolling basis for consideration. The preparation of the budget, within this broader context, begins with the preparing of the operating and capital components of the annual budget during January, February and March. A draft consolidated budget is then prepared and various iterations are considered by Council at informal briefings during March and April. This iterative process allows councillors to consider changes in areas of the budget and include changes based on ongoing and extensive information received from the community and other contextual drivers. This ‘proposed’ budget has been prepared and is now submitted to Council for ’in principle’ approval. Council is then required to give ’public notice’ that it intends to ’adopt’ the budget. It must give 28 days notice of its intention to adopt the proposed budget it makes the budget available for inspection at its offices and on its internet web site. A person has a right to make a submission on any proposal contained in the budget and any submission must be considered before the final adoption of the budget by Council. It is at Councils discretion whether any submission or submissions affect the final budget outcome.

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Banyule Council wants to fully inform its community as to the important decisions that are being made on the community’s behalf, about its financial and other resources.


Performance - Use Our Resources Wisely

6.1

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d Council endeavours to alert its community as to the development of both the budget and the City Plan. This engagement helps guide the strategic intent of the Budget as early as practicable in the process so our community can have an active say in what is being developed. It also tests the current strategy with our community as to its voracity and fit. Council’s forward intent is generally flagged in the Strategic Resource Plan of the City Plan. In order to assist interested persons to understand the budget and make a submission if they wish, Council officers will undertake a further community engagement process including public information sessions. The final step is for Council to adopt the Budget after receiving and considering any submissions from interested parties. Council endeavours to have its Budget adopted by 30 June each year in order to have all its financial resources in place for the ensuing year of work for the community. BUDGET 2014/2015 CONTEXT The budget focuses on strengthening the long-term financial sustainability of Banyule. During the preparation on this Budget, we have taken great care to ensure we keep delivering relevant services to the community while upgrading and maintaining infrastructure. This has been made more difficult in light of State and Federal government cost shifting. Similarly, rising taxes and reduced funding all continue to impact our Budget; however, our facilities and support services need to be maintained for the future. Banyule manages assets and infrastructure valued at over $1.3 Billion. Council will increase rates by 7.95 per cent and collect a municipal charge which has remained the same as last year. In the 2014/15 financial year, general rates and charges will contribute $85.36 million to address ageing infrastructure, improve the amenity and quality of community assets and deliver vital services across the breadth of the City, ensuring we continue to deliver the appropriate services in response to the community’s needs and expectations. Council continues to manage responsibly and efficiently. Our budget decisions consider the Victorian Auditor-General’s annual sustainability assessment ratios for our underlying result, liquidity, indebtedness, self-financing capacity, capital replacement and renewal gap ratios. We have devised a Budget that will deliver significant capital works over the next four years. It looks to balance competing demands on providing community services, maintaining and renewing infrastructure with the community’s capacity to pay for it. The Victorian Auditor General recently reported that Victorian councils had made relatively slow progress to address the asset renewal gap which had almost doubled since 1998. The report raises concern that without appropriate action, asset management could become more difficult and less affordable in the future and adversely affect services to communities.

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Banyule’s ageing roads, footpaths, drains and buildings require attention, and we have reached a point where significant investment is required. The 2014/2015 Budget also addresses the need to upgrade recreational facilities and maintain a suite of services that most of our residents will rely on or access at some point in their life. Some of our main focus areas and important initiatives include:      

Maintaining and upgrading roads, drains and footpaths Delivering vital social services and support programs across the municipality Protecting and nurturing our open spaces, parklands and street trees Redeveloping recreational centres, sportsgrounds and club pavilions Implementing environmentally friendly practices, including energy efficient street lights, solar power and water saving initiatives Providing engaging community festivals, events and activities

Over an extended period, Council has absorbed significant cost shifts from other levels of Government in a manner that cannot be financially sustained. Council continues to advocate on behalf of the community to reduce this impost. Council continues to seek innovative funding sources to offset its reliance on rate revenues. We also continue to work in partnership with local community groups, agencies and residents to overcome issues that fall outside Council’s direct area of responsibility. At Banyule, we continue to strive for excellence and look at ways for cost saving. By increasingly engaging the community we ensure that we are planning, delivering and enhancing a range of services and programs that are relevant for today and look after tomorrow. The Budget 2014/2015 works in concert with the directives of the City Plan (20132017). Councillors and staff are committed to achieving these medium and long-term objectives that ensure we are building a better Banyule. 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. The preparation and adoption of Council’s Budget actually facilitates the protection of many of our communities Human rights as funding for many Council projects, programs and initiatives is directly related to protecting and enhancing the Human rights of our community. Council continues to work on behalf of its community to ensure the upholding of human rights for all.

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d


Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

6.1

CONSULTATION The Annual Budget is developed within Council’s overall strategic planning framework. This framework guides the Council with information that aids in identifying community needs and aspirations over the long-term, converting these into medium (Council Plan) and short-term (Annual Budget) objectives, key directions, initiatives, activities and allocates resources in a considered manner with this information. Accountability to our community is ensured through Audited Financial and Performance Statements (containing our key performance indicators) and our statutory annual report to the community. Council also presents regular financial reports and updates to the community throughout the year Essential in the planning and application of Council’s resources is the critical link to the community. Banyule undertakes an ongoing and iterative process of engagement across all parts of our community. We use direct community information along with key demographic data, we provide due reference to the legislative contexts we work within and utilise industry benchmarks to assess the appropriate level of service for our community. We test the management of these services against both national and international standards of quality, efficiency and effectiveness. There are direct and obvious links between the broad range of information we gather and the activities we fund to meet our stated strategic intent. We review this annually and re-assess our activities and areas of emphasis for our community on this annual basis. A four year City Plan has been developed through extensive community engagement and feedback. The foundation of this work has led Council to include significant areas of emphasis in its planning, including:         

The building of a strong and vibrant community Improving communication with our community so we are better informed as to things that matter. Identifying opportunities that bring social and economic benefits to the community Developing local activity centres in an appropriate and sustainable way. Making land-use planning more consistent and see that it improves local neighbourhood character Ensuring comprehensive transport planning and advocacy on transport and congestion issues. Continuing a strong focus on delivering quality, value for money services Ensuring our financial sustainability and making sure we continue to deliver our services to the levels expected. Advocating to other levels of government on important community issues, even where it is not Council’s direct delivery role, and ensuring that this is done in the strongest terms to affect change for the betterment of Banyule.

On an annual basis Council reconsiders the areas of emphasis outlined for its four year plan. On the basis of the information available this year, Council has considered the following as the key annual themes to be incorporated within our current plan framework:

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      

Environment – protecting our environment and becoming even more sustainable Communication – continuing to effectively engage and communicate with our community Infrastructure – renewing and maintaining infrastructure, from drains to buildings Fiscal responsibility and reporting – maximising returns to the community Good governance – sound decision making that is timely and based on facts Planning – a thorough and thoughtful planning framework and process Community partnerships – strengthening existing partnerships and identifying new ones.

These views have been considered to develop City Plan key initiatives for 2014/15. Our financial resources are utilised to fulfil these initiatives and actions. We have continued our program of extensive community engagement and feedback, with a concentrated and targeted effort over the period November 2013 to March 2014, and have further strengthened the areas of focus in our City Plan 2013-2017 (Year 2). This will also be reflected in our Budget initiatives for 2014-2015. We have also ‘closed the loop’ by showing our community how we have directly responded to what they have said during our community engagement process. This has been captured through a series of key summary papers that showcase ‘What you said’, and ‘How we are using what you said’. This includes a summary of how the information links with the City Plan objectives. It is part of our ongoing program and commitment to communicating and engaging with our community, and responding to community needs. The extended series of themes and issues raised in the most recent community engagement program are as follows: PEOPLE THEMES       

Promoting and supporting good health for people of different ages, life stages and backgrounds Activities for young and old in the community Graffiti and community safety Events and community activities Local shops and supporting small business Affordable, good quality leisure facilities Planning and preparing for emergency events

PLANET THEMES       

More tree maintenance and planting Working together to eliminate rubbish from our waterways, parks and streets Conserving water and reusing stormwater Taking action on climate change Avoiding and reducing waste Working with the community to manage fire hazards Acting as environmental stewards

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d


Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d PLACE THEMES

6.1

   

Maintaining Banyule’s identity - neighbourhood character and managing growth Improving transport - addressing traffic congestion problem areas and doing more for sustainable transport Retention and protection of open space Local services, facilities and shops

PARTICIPATION THEMES     

Having a range of ways to consult and receive community feedback Community events, volunteering and activities Combatting racism and discrimination, and community education Advocacy to State and Federal government Improving ways to get information from Council

The full reconciliation of community themes and initial responses promoted to the community can be found at http://www.banyule.vic.gov.au. In conjunction with these themes developed with our community, a strong governance and efficiency base underpins the areas of emphasis for our Performance Objective. These themes are more inwardly and structurally based to ensure the right performance outcomes for our community. PERFORMANCE THEMES The following are themes related to the City Plan’s Performance objective, based on analysis and extrapolation of the feedback received through the various consultation and research processes:        

Efficiency Effectiveness Best Value quality for our services Prudential financial management Secure information Stable industrial environment Transparency Accountability

LEGAL CONSIDERATION Subject to Council ‘in principle’ approval and in accordance with Section 129 of the Act, the Proposed Budget 2014-2015 will be made available to the public for a four week period commencing Tuesday 6 May 2014 and concluding Wednesday 4 June 2014. Advertisements are to be placed in ‘The Age’ and Leader newspapers at the commencement of the public notice period. A copy of the budget will be available for inspection on Council’s website and at the Ivanhoe, Rosanna and Greensborough Service Centres from Tuesday, 6 May 2014. It was also available at local libraries and neighbourhood houses, together with the draft City Plan 2013-2017 (Year 2). The required statutory notice advertisement is to also appear on Council’s website on Tuesday, 6 May 2014, and in ‘The Age’ on Wednesday 7 May 2014.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

Under the Sections 127 and 130 of the Local Government Act 1989, Council is required to prepare and adopt an annual budget for each financial year. Council will consider public submissions to the exhibited proposed Budget prior to adopting the Budget. The public notice informs the community of Council’s intention to adopt Banyule’s Budget for 2014-2015 (in accordance with Section 130 of the Local Government Act 1989) at a Council Meeting on Monday, 23 June 2014. CONSIDERATION OF SUBMISSIONS All submissions to the budget received in the statutory advertising period will be put forward to Councillors for consideration. In addition a summary of the issues will be presented to Council. PROPOSED RATES AND CHARGES Declaration of Rates, Service Charges and Municipal Charge 2014/2015 1.

Amount Intended to be Raised An amount of $85,080,003 (or such other amount as is lawfully raised as a consequence of this Resolution), be declared as the amount which Council intends to raise by general rates, service charges and the municipal charge as follows: General Rates Municipal Charge

$78,494,356 $6,585,647

The service charges be in the sums as specified in Appendix E of the Council Budget 2014/2015. 2.

General Rates 2.1

A general rate be declared in respect of the 2014/2015 Financial Year.

2.2

It be further declared that, consistent with the City Plan and having regard to the considerations outlined in the Budget for the 2014/2015 financial year, the general rate be raised by the application of differential rates.

2.3

A differential rate be respectively declared for rateable land having the characteristics specified below, which will form the criteria for each differential rate so declared: 2.3.1

Residential Vacant Land Any land on which no dwelling is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes.

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6.1

In accordance with the provisions of Section 223 of the Act, submitters will be provided with the opportunity to address Council in support of their submissions.


Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d 2.3.2

Commercial or Industrial Vacant Land

6.1

Any land on which no building is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes. 2.3.3

Commercial or Industrial Improved Land Any land which is used, designed or adapted to be used primarily for commercial or industrial purposes.

2.3.4

Other Land (including Residential Improved Land) Any land which is not residential vacant land, commercial or industrial vacant land or commercial or industrial improved land.

2.4

Each differential rate will be determined by multiplying the Capital Improved Value (CIV) of each rateable land (categorised by the characteristics described in paragraph 2.3 of this Resolution) by the relevant percentages indicated in the following table: CATEGORY Residential Vacant Land Commercial or Industrial Vacant Land Commercial or Industrial Improved Land Other Land (including Residential Improved Land)

2.5

% 0.330994% (or 0.00330994 cents in the dollar of Capital Improved Value) 0.429067% (or 0.00429067 cents in the dollar of Capital Improved Value) 0.306476% (or 0.00306476 cents in the dollar of Capital Improved Value) 0.245181% (or 0.00245181 cents in the dollar of Capital Improved Value)

It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that: 2.5.1

the respective objectives of each differential rate be those specified in the Schedule of this Resolution; and

2.5.2

the respective types or classes or land which are subject to each differential rate be those defined in the Schedule to this Resolution; and

2.5.3

the respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Resolution; and

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PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d the relevant (a)

uses of;

(b)

geographical locations of; and

(c)

planning scheme zoning of; and

(d)

types of buildings on

6.1

2.5.4

the respective types or classes or land be those identified in the Schedule to this Resolution. 2.6

It be confirmed that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the Municipal district.

2.7

In accordance with Section 4 of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each of the rateable lands to which that Act applies be the amounts fixed hereunder:    

3.

1 Vasey Street Ivanhoe 54 Cleveland Avenue Lower Plenty 8 Main Road Lower Plenty 540 The Boulevard Ivanhoe East

$18,206.16 $15,621.46 $33,364.22 $708.47

Rebates It be recorded that Council grants no rebate or concession in accordance with Section 169(1) of the Local Government Act 1989.

4.

Incentives No incentives be declared as the incentives to be given by Council for the payment of general rates before the dates fixed or specified for their payment under Section 168 of the Local Government Act 1989.

5.

6.

Service Charges 5.1

Service charges be declared in respect of the 2014/2015 Financial Year.

5.2

Service charges be declared for the non-standard collection and disposal of refuse from or in respect of rateable land; and the collection and disposal of refuse from or in respect of non-rateable land.

5.3

The service charges be in the sums as specified in Appendix E of the Council Budget 2014/2015.

Municipal Charge 6.1

A municipal charge of $126.94 be declared in respect of the 2014/2015 financial year.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

6.1

6.2 7.

The municipal charge be declared for the purpose of covering some of the administrative costs of Council.

Interest Rate Council will, subject to Section 172 of the Local Government Act 1989, require a person to pay interest on any rates and charges which: 1. 2.

that person is liable to pay; and have not been paid by the dates specified for their payment.

The penalty interest rate is 11.50% per annum as set by the Attorney-General under the Penalty Interest Rates Act 1983, effective from 1 July 2014. 8.

Payment Options The general rates, service charges and municipal charge must be paid by four instalments on or before dates fixed under Section 167 of the Local Government Act 1989.

9.

Consequential The Revenue Services Co-ordinator of Council be authorised to levy and recover the general rates, service charges and municipal charge in accordance with the Local Government Act 1989.

Residential Vacant Land Objective: To encourage the development of land for residential purposes; and to ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the 1. 2. 3. 4. 5.

Implementation of good governance and sound financial stewardship; and Construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and Development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and Provision of strategic and economic management, town planning and general support services; and Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land on which no dwelling is erected but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above.

6.1

Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Banyule Planning Scheme. Commercial or Industrial Vacant Land Objective: To encourage the development of land for commercial or industrial purposes; and to ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the: 1. 2. 3. 4. 5.

Implementation of good governance and sound financial stewardship; and Construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and Development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and Provision of strategic and economic management, town planning and general support services; and Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land on which no dwelling is erected but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

6.1

Commercial or Industrial Improved Land Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council having regard to the capacity of such land to be used to yield income and the demands such land makes on Council's infrastructure. Those functions include the: 1. 2. 3. 4. 5.

Implementation of good governance and sound financial stewardship; and Construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and Development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and Provision of strategic and economic management, town planning and general support services; and Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land which is used, or designed or adapted to be used, primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2013/2014 Financial Year. Other Land (Including Residential Improved Land) Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, having regard to the relative benefits derived from the carrying out of such functions.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

1. 2. 3. 4. 5.

Implementation of good governance and sound financial stewardship; and Construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and Development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and Provision of strategic and economic management, town planning and general support services; and Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2013/2014 Financial Year. Cultural and Recreational Land Objective: To ensure that the promotion of cultural, heritage and recreational activity occurs within Council’s municipal district and that this is supported in a way that encourages appropriate activity and development. Council has considered the service utilised by the lands and the benefit these lands provide to the community by consideration of their cultural or recreational land use, as required under the Cultural and Recreational Lands Act 1963. Types and Classes: Under the provisions of the Cultural and Recreational Lands Act 1963, Council levies an amount in lieu of rates payable in respect of cultural and recreational lands.

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6.1

Those functions include the:


Performance - Use Our Resources Wisely

6.1

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d This is land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land, which is specifically set aside for the use of cultural and recreational pursuits whereby the members do not derive a financial benefit or profit from the activities. The Cultural and Recreational Lands Act 1963 effectively provides for properties used for outdoor activities to be differentially rated unless it involves land that is being leased from a private landowner. The discretion of whether to provide a cultural and recreational lands rate rests with Council. The amount in lieu of rates payable in respect of each rateable land to which the Cultural and Recreational Land rate applies is determined by multiplying the Capital Improved Value of that rateable land by 0.00205952. CONCLUSION This proposed budget meets the requirements of Section 127 of the Local Government Act 1989 which requires Council to prepare a budget for each financial year. The information required to be in the budget is the budgeted financial statements, a description of services and initiatives funded by the budget as well as a Statement about how they will contribute to achieving the strategic objectives in the City Plan. Further, there are key service performance indicators and targets the declaration of rates and charges, the intention to charge interest on unpaid rates and charges, rates payable on rateable lands in accordance with the Cultural and Recreational Lands Act 1963 as well as other information required under Section 158 of the Local Government Act 1989. The Budget for 20142015 is aligned to the long-term strategies as outlined in the City Plan 2013 – 2017 (Year 2), and is in line with Council's commitment to sustainable budgeting and responsible financial management. Following this meeting will be the publication of a notice that Council has prepared the budget and a period of time for people to view the budget and make submissions regarding the budget. Council will consider any submissions received prior to the planned adoption of the budget on Monday, 23 June 2014. RECOMMENDATION 1.

That the budget attached to this report, be the budget prepared by Council for the purposes of Section 127 of the Local Government Act 1989.

2.

Council give: (a) (b)

public notice for the preparation of such budget in accordance with Section 129 of the Local Government Act 1989; and make available for public inspection the information required to be made available in accordance with the Local Government Act 1989 and Local Government (Planning and Reporting) Regulations 2014.

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Performance - Use Our Resources Wisely

PREPARATION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d Council consider: (a) (b) (c)

any submissions on a proposal (or proposals) related to the draft budget and that are made in accordance with Section 129 of the Local Government Act 1989; and a report to adopt the Budget, declaring differential rates and charges, requiring interest to be paid on rates and charges not paid by the due date; and adoption of the Schedule of Fees and Charges for 2014/2015;

6.1

3.

at a meeting of Council to be held on Monday, 23 June 2014 beginning at 7.45pm. ATTACHMENTS No.

Title

1

Draft Budget 2014/2015

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Page 504

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6.2

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK

Author:

Joel Elbourne - Manager Development Services, City Development

File:

F2014/709

6.2

Performance - Use Our Resources Wisely

SUMMARY A draft Planning and Building Enforcement Framework has been prepared in response to publications by the Victorian Auditor General’s office as well as Council’s auditors, and reflects the fact that areas of non-compliance with the Building Code, Planning Scheme, and associated permits can vary significantly in terms of their potential impact upon people and the environment. The purpose of the document is to provide a framework for a risk-based assessment of enforcement priorities, in order to: 

Carry out our statutory enforcement functions;



Minimise risk to ratepayers, residents, the environment and Council; and



Reduce the level of non-compliance over time.

The Framework seeks to provide guidance in: 

The relative priority to be given to various enforcement matters;



Which Unit is to take the lead in relation to enforcement matters which impact more than one Service Unit; and



The types of enforcement action which are appropriate, based on the priority of the matter.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with a number of the key directions of Council’s City Plan, including: “enable good governance and accountability with minimal risk”; “maintain and improve Banyule as a great place to live”; and “protect and enhance our natural environment”.

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Performance - Use Our Resources Wisely

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d

In November 2008 the Victorian Auditor General’s Office (VAGO) tabled a report in Parliament titled “Enforcement of Planning Permits”. The report discussed the differing planning enforcement regimes at the City of Hume and the City of Ballarat. Recommendations included: Recommendation 3.1 – Hume and Ballarat should develop a documented framework for enforcement action that sets out the enforcement rationale, objectives, priorities and intended outcomes. This framework should indicate how it contributes to achieving the councils’ strategic objectives. Recommendation 3.2 – Hume and Ballarat should conduct an across-theboard risk assessment of all permit categories to set enforcement priorities and resource allocation and to better address their legal obligations to administer and enforce the planning scheme under the Planning and Environment Act 1987. Additional recommendations related to the resourcing of enforcement activities, establishing enforcement guidelines and a complaints-handling system, as well as reviews of the enforcement area to ensure that guidelines are being followed. In December 2011 VAGO tabled the report “Compliance with Building Permits” in Parliament. Its recommendations included: Recommendation 1.6 – The Building Commission should develop and implement a strategy, in consultation with the local government sector, to enable more effective coordination with Councils to monitor the performance of the building permit system and of building surveyors. Recommendation 1.7 – The Building Commission should clarify Councils’ responsibilities for monitoring and enforcing the Building Act 1993 relating to private building surveyors in consultation with the Department of Planning and Community Development (PDCD) and relevant stakeholders. A Working Group was established including representation from the Building Commission, the Department of Planning and Community Development, the Municipal Association of Victoria and the Victorian Municipal Building Surveyors Group and a draft Strategy and implementation plan prepared to address these recommendations. This Strategy, the Building Control Intervention Filter Criteria, was officially adopted by Council on 29 July 2013. The draft Strategy recommends that a Building Control Plan or enforcement policy also be developed and adopted by Council. The Draft Planning and Building Enforcement Framework has been developed in direct response to the VAGO reports and the Building Control Intervention Filter Criteria.

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6.2

BACKGROUND


Performance - Use Our Resources Wisely

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d

6.2

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Municipal Building Surveyor Council is required by section 212 of the Building Act 1993 (BA) to administer and enforce specified parts of that Act and the whole of the Building Regulations ('the Regulations') within its municipal boundaries. As with many other responsibilities, Council has the ability to determine how it will carry out these functions having regard to competing obligations and limited resources. The privatisation of the building permit system means that in practice this administration and enforcement role encompasses:   

  

The issue of building permits where Council is the relevant building surveyor; Inspecting building works where Council is the relevant building surveyor, and carrying out necessary action where non-compliance is identified; Enforcement action where works are undertaken without a building permit. This may include action with respect to the change of use of a property where the new use has different requirements under the Building Act or the Regulations compared with earlier land uses. Referral of enforcement matters to the relevant building surveyor for attention where this is a Private Building Surveyor (including another Council). The issue of emergency orders if the Municipal Building Surveyor is of the opinion that an order is necessary because of a danger to life or property due to the condition or use or proposed use of a building or land. Referring a Private Building Surveyor to the Building Practitioners Board where appropriate.

Volume of building permits and complaints Council currently issues in the order of 540 building permits within the municipality each year, with a total of approximately 1750 building permits issued across the whole municipality each year. As part of its role in enforcing the Building Act Council receives approximately 20 complaints a month to the Municipal Building Surveyor, with investigation and action primarily undertaken by a dedicated Enforcement Officer. Development Planning Unit Council’s Development Planning Unit is the responsible authority for the administration and enforcement of the Banyule Planning Scheme and the provisions of the Planning and Environment Act 1987 within the municipality. As part of this role, the Unit:  

Provides advice with respect to the provisions of the Scheme and the Act; Assesses applications for planning permit;

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Performance - Use Our Resources Wisely

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d Has an obligation to enforce the Banyule Planning Scheme, including permits issued pursuant to it.

Volume of planning permits and complaints Council receives in the order of 1400 applications for planning permit a year, with a total of approximately 1050 planning permits issued by Council each year. As part of its role in enforcing the Planning and Environment Act 1987 and Banyule Planning Scheme, Council receives approximately 30 complaints a month to the Development Planning Unit, with investigation and action primarily undertaken by a dedicated Enforcement Officer and the Arborist – Development Planning. It is anticipated that the introduction of the Neighbourhood Residential Zone to sections of the municipality may result in some reduction in complaints associated with multidwelling development and, to a lesser extent, unauthorised tree removal, in those areas over time. DISCUSSION Each potential breach of planning or building controls brought to Council’s attention is important to the member/s of the public who take the time to contact Council to report them. However, breaches vary significantly in terms of their urgency and impact upon people and the environment. In order to ensure that the most significant and urgent matters are afforded appropriate attention, to provide good value for money for ratepayers, and to recognise staffing and budgetary limitations it is necessary to prioritise enforcement tasks. Accordingly, the Framework outlines that all complaints received and potential breaches identified will be assessed according to a Four-Step risk-based assessment prior to action by Council investigation staff. Action will then be taken in priority order with those considered to be of Very High priority being dealt with first, through to Low priority issues being dealt with as time permits. A risk assessment of the potential breaches in planning and building controls has been conducted, having regard to the number of permits issued for various activities, the impact of any breach, and existing measures utilised to mitigate risk. These are contained in Appendix 1 and Appendix 2 to the Framework, but include: Risk level / Priority Very high

Examples 





Construction of a commercial or industrial building or dwelling without the requisite building permit where a complaint has been received or breach previously noted. Conduct of significant site works without the requisite Planning Permit in an area where a Cultural Heritage Management Plan is required pursuant to the Aboriginal Heritage Act where a complaint has been received or breach previously noted. Significant breach of Planning Permit, Building Permit, Development Plan approval or Section 173 Agreement with respect to construction. For example: o Significant increase in height o Significant modification of built form

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6.2




Performance - Use Our Resources Wisely

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d Failure to comply with the structural requirements of a Building Permit where a complaint has been received or breach previously noted.

6.2

o

High

  



 Medium









Low

Construction of a fence without the necessary Building Permit where a complaint has been received or breach previously noted. A failure to provide or maintain screening as required by a Permit, where a complaint has been received or breach previously noted. Failure to comply with a Planning Permit for use of the premises, including with respect to: o Hours or patron numbers o The provision of on-site parking where a complaint has been received or breach previously noted. The destruction or removal of a tree protected by the Environmental Significance Overlay Schedule 4 (ESO4) or Heritage Overlay (HO) where no complaint has been received or breach previously noted. A failure to install or maintain an appropriate pool barrier where no complaint has been received or breach previously noted. Conduct of reblocking or underpinning works without the requisite building permit where a complaint has been received or breach previously noted.. Construction of a satellite dish without the necessary Planning Permit where a complaint has been received or breach previously noted. Construction of a dwelling, dwelling addition or associated structure (including fence) without the requisite building permit where no complaint has been received or breach previously noted. Landscaping not installed in accordance with approved plans for a planning permit for use or development of land or failure to provide or maintain specific Environmentally Sustainable Design or Liveability measures where no complaint has been received or breach previously noted.



Display of specific temporary signage without a planning permit in excess of the time specified in Clause 52.06 (includes the display of real estate signage more than one week following sale of property) where a complaint has been received or breach previously noted.



Display of signage contrary to planning permit/Scheme on land not affected by the Heritage Overlay or Environmental Significance Overlay Schedule 1 where no complaint has been received or breach previously noted. Minor pruning carried out contrary to a Planning Permit or without the requisite planning permit where no complaint has been received or breach previously noted.



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

Use of land contrary to the specific provisions of the Banyule Planning Scheme, including: Clause 52.11 (Home occupation), Clause 52.27 (Consumption of liquor) and Clause 52.34 (Bicycle parking and associated facilities) where no complaint has been received or breach previously noted.

Recent and new complaints that have been received are currently being assessed against the risk assessments outlined in Appendix 2 to the Framework, in order to both guide the prioritisation of work as well as to seek to validate the relative risks allocated to various breaches. FUNDING IMPLICATIONS The primary purpose of the Framework is to provide a basis for prioritising the workload of existing Planning and Building enforcement staff, and as such the majority of the actions within the Framework can be implemented within existing resources. However it is acknowledged that the enforcement workload within the Development Planning section does not currently allow Council to prioritise proactive and reactive enforcement for particular matters which are deemed a low or medium priority under the framework. Additional resources would be required if it was determined that such activities should be undertaken. The extent of resources required is largely dependent upon the individual situation, with potential scenarios including additional proactive inspections of completed developments and reviewing existing permits. Issuespecific enforcement programs can also be conducted from time to time, such as the proactive enforcement of real estate signage. Council has recently undertaken a program of proactive enforcement of the real estate signage provisions of the Planning Scheme in the Bundoora area. This incorporated an officer undertaking inspections of the area and contacting agents by email and telephone with a total cost (including anticipated cost associated with follow up inspections in coming weeks) in the order of $1,800. The time taken to conduct more of these exercises in future would contribute to a need to engage contractors to assist the Development Planning section. In the recent exercise, matters were resolved through direct contact, with no requirement to issue Planning Infringement Notices or undertake further enforcement action. Costs would be significantly higher should such action have been necessary, although there may have been some cost recovery if Infringements were issued. It is anticipated that expanding this program across the remainder of the municipality would cost in the order of $5,000 - $11,000 per exercise. CONSULTATION Staff from Council’s Development Planning, Building Permits and Inspections and Risk Management Sections have been consulted in formulation of the Draft Framework. Community consultation of the Draft Framework will be conducted following adoption by Council, and will incorporate:  

Notices in the Heidelberg and Diamond Valley Leader Newspapers; A notice in the Banyule Banner; and

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6.2

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d


Performance - Use Our Resources Wisely

DRAFT PLANNING AND BUILDING ENFORCEMENT FRAMEWORK cont’d

6.2



Making the Framework available at Council’s Customer Service Centres, the Council website and at libraries.

Submissions will be invited between 26 May 2014 and 21 July 2014. Once the period of consultation concludes, submissions and further staff feedback will be considered in development of a final Framework document for consideration and adoption by Council. CONCLUSION The draft Planning and Building Enforcement Framework seeks to respond to previous findings of the Victorian Auditor General’s Office and to provide guidance with respect to the relative priority to be given to various enforcement tasks undertaken by the Development Planning and Building Permits and Inspections Sections. The next step is to undertake a consultation process with the Banyule community to ascertain their views on the draft document and following this, a final draft to be formulated and presented to Council for adoption. RECOMMENDATION That: 1.

The Draft Planning and Building Enforcement Framework be placed on public exhibition for consultation and comment between the period 26 May 2014 and 21 July 2014;

2.

During the intervening period the Draft Framework be adopted for use;

3.

A further report be submitted to Council for the purpose of reporting feedback and adopting a final version of the Framework following conclusion of the public consultation period.

ATTACHMENTS No.

Title

1

Draft Planning and Building Enforcement Framework

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Page 741

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6.3

COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW

Author:

Frances Gianinotti - Youth & Community Services Co-Ordinator, Community Programs

File:

BS34/035/003

SUMMARY To advise Council of the Community Information and Support Service Review Final Report. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CITY PLAN This report is in line with Council’s City Plan key direction of “develop and deliver best value services and facilities”. BACKGROUND On the 22nd April 2013 Council resolved to undertake a review of Banyule Support and Information Centre (BANSIC), North East Region Volunteer Centre Inc (NERVC), trading as Volunteers of Banyule (VOB) and Diamond Valley Community Support (DVCS) as part of its accountability both towards the community and for its effective use of resources. The Community Information and Support Service (CISS) review investigated each service’s approach to meeting contemporary demands and standards in the context of best practice models and to identify whether there are any gaps or duplication in services provided. Importantly, the review provided advice to Council in relation to the future direction of information and support services. Two of the services under review, VOB and DVCS, are jointly funded by Banyule City Council and Nillumbik Shire Council (83% and 17% respectively) and their services are provided across the sub region. Accordingly, Nillumbik Shire Council is a partner in this review and has made a financial contribution to its cost. Janine Haddow was engaged in August 2013 as a consultant to conduct the review. The review was based on qualitative data and information including interviews and workshops with key people from each agency, interviews with staff from each Council and local, national and international research of trends and best practice models in the delivery of community information and support services and volunteer agencies. The review has been finalised and the final report was submitted in November 2013.

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6.3

Performance - Use Our Resources Wisely


Performance - Use Our Resources Wisely

COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW cont’d

6.3

HUMAN RIGHTS CHARTER In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION On 29 January and 10 February 2014 respectively, Council officers presented to Councillors the key findings of the review and discussed the possibility of moving to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need. On the 4 March 2014 Councillors and council officers met with the three agencies to present the integrated service model proposal. There was much discussion on the quality of the report by the agencies, in particular commentary on accuracy of information and documented evidence to support recommendations being made. It was subsequently agreed that an opportunity would be made available to all three agencies to provide written feedback regarding the factual information relating to their respective agency contained in the CISS Review report. It was also agreed that this information together with a more detailed rationale in support of the recommendation for an integrated service model, would be included in the final report presented to Council. All three agencies provided written feedback that was considered and applied to the report as appropriate. It is worth mentioning that there were no noted errors that fundamentally impacted the review or observations made from the respective agencies’ written responses that required the initial recommendations to be adjusted. Janine Haddow has now finalised the report which includes the agency feedback and expanded rationale. The Final report was recirculated to the three agencies for their information. Council officer provided a further update to Councillors on the 7 April 2014. OFFICER COMMENT Officers believe an integrated regional service with key satellite points located in the northern and southern parts of the municipality will provide the best outcomes for the community. This model offers the greater efficiency and effectiveness for Council in the long term. It will reduce overheads of agencies, reduce duplication of service, create less competition for scarce resources such as COM members and staff, and generate a much larger more cohesive organisation to deliver services more broadly across the community. It is expected that current geographic locations will continue to receive a service, i.e. Heidelberg and Greensborough in the short term, although not necessarily in the same way. The addition of a community service presence in Heidelberg West is consistent with Council’s commitment to Heidelberg West as a priority area for redevelopment. Community information including volunteer services is also part of a broader community plan post Neighbourhood Renewal. The Community Plan is underpinned by a range of Neighbourhood Agreements signed by key agencies, including Council, to support the development of the community to become more self-sufficient and resilient.

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Performance - Use Our Resources Wisely

Combining three agencies into one will be challenging, particularly for these three agencies, which have such different cultures and current operating and service delivery approaches. A merger cannot succeed without agreement of each agency as each is an independent incorporated association. A merger will mean the end of each agency in its current form and this can only be successful if each agency appreciates the merit of the proposed merger and fully embraces the change which will result in a service that is much stronger in every way than their existing agency. Council officers will work collaboratively with the three agencies to ensure as smooth a transition as possible to the new model. TIMELINES Council officers have undertaken preliminary planning for the proposed integrated regional community information and support service model. The timeline is influenced by the fact that the lease on the current Burgundy Street premises of BANSIC expires in August 2014 and a new location will need to be finalised before that time. In the event that the Heidelberg West community hub proceeds, work will be required to refurbish the building to accommodate the proposed integrated regional community information and support service model, therefore an extension of the current Burgundy Street lease (for approximately four months until December 2014) will be required. CONCLUSION Council undertook a review of Banyule Support and Information Centre (BANSIC), North East Region Volunteer Centre Inc (NERVC), trading as Volunteers of Banyule (VOB) and Diamond Valley Community Support (DVCS) as part of its accountability both towards the community and for its effective use of resources. The review investigated each service’s approach to meeting contemporary demands and standards in the context of best practice models and identification of gaps and duplication in services provided. Importantly, the review provided advice to Council for the future direction of information and support services with the key recommendation to move to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need. RECOMMENDATION That Council: 1.

Move to an integrated regional community information and support service to maximise efficiency, reduce duplication and address priority need and initially retain a service presence in the geographic locations of Heidelberg and Greensborough;

2.

Investigate the options for permanent service locations across the municipality and make recommendations on preferred service sites in the north and south moving forward into the future;

3.

Formally thank the Committees of Management, their staff and volunteers of BANSIC, DVCS and VOB for their commitment and community service over the years in the area of community information and support and formally advise them of Council’s intention regarding future service delivery;

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Performance - Use Our Resources Wisely

6.3

COMMUNITY INFORMATION AND SUPPORT SERVICES REVIEW cont’d 4.

Combine the recurrent funding to BANSIC, DVCS and VOB allocated in operating and capital works budgets and transfer the combined budget to one operating budget line from 2014/15;

5.

In relation to its lease of the premises at 101 Burgundy Street, Heidelberg, currently occupied by BANSIC, give formal notice to the Landlord by mid May 2014, of its intention to extend the lease for a further four months terminating in December 2014;

6.

Work collaboratively with BANSIC, DVCS, VOB and Nillumbik Shire Council to facilitate a merger to one new organisation that will establish an integrated regional community information and support service.

ATTACHMENTS Nil

Ordinary Meeting of Council - 5 May 2014

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6.4

ASSEMBLY OF COUNCILLORS

Author:

Cindy Ho - Governance Officer, City Development

File:

F2014/337

6.4

Performance - Use Our Resources Wisely

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 bea) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1

Date of Assembly:

7 April 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Others Present:

1. Sport and Recreation Victoria (SRV), Community Facility Funding Program 2. Nature strip Planting Guidelines 3. Planning and Building Enforcement Policy 4. New Planning Zones Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips Simon McMillan, Chief Executive Officer Darren Bennett, Acting Director Community Programs Scott Walker, Director City Development Keith Yeo, Director Corporate Services Geoff Glynn, Director Assets & City Services Peter Benazic, Manger Parks & Gardens Jeff Parkes, Open Space Planning Coordinator Ben McManus, Acting Coordinator Leisure and Cultural Services Joel Elbourne, Manager Development Services Nil

Conflict of Interest:

Nil

Date of Assembly:

7 April 2014

Type of Meeting:

Confidential Councillor Briefing

Matters Considered:

Confidential Matters

Councillors Present:

Staff Present:

2

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6.4

ASSEMBLY OF COUNCILLORS cont’d

3

Councillors Present:

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Wayne Phillips

Staff Present:

Others Present:

Simon McMillan, Chief Executive Officer Darren Bennett, Acting Director Community Programs Scott Walker, Director City Development Keith Yeo, Director Corporate Services Geoff Glynn, Director Assets & City Services Shawn Barber, Manager School Site Redevelopment Project Michael Hutchison, Coordinator City Development Projects Joe Said (Oakton)

Conflict of Interest:

Nil

Date of Assembly:

14 April 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Draft Banyule Electronic Gaming Machine Policy

Councillors Present:

Others Present:

Steven Briffa Craig Langdon Tom Melican Jenny Mulholland Simon McMillan, Chief Executive Officer Keith Yeo, Director Corporate Services Michelle Rowe, Community and Social Planner Darren Bennett, Manager Leisure, Recreation and Culture Russell Darling, Manager Operations Nil

Conflict of Interest:

Nil

Date of Assembly:

14 April 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Confidential Matters

Councillors Present:

Others Present:

Steven Briffa Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Simon McMillan, Chief Executive Officer Keith Yeo, Director Corporate Services Darren Bennett, Manager Leisure, Recreation and Culture Russell Darling, Manager Operations Nil

Conflict of Interest:

Nil

Staff Present:

4

Staff Present:

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ASSEMBLY OF COUNCILLORS cont’d Date of Assembly:

14 April 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 14 April 2014 (excluding confidential items) as listed below: 1.1 Proposed development (24 units) at No. 128 Locksley Road, Eaglemont 2.1 Australian Made, Australian Grown Campaign Membership 2.2 Department of Transport, Planning and Local Infrastructure, Sport and Recreation Victoria (SRV): Community Facility Funding Program 4.1 Traffic and Parking Concerns in Watsonia 4.2 Proposed Sale of 52 Haig Street, Heidelberg Heights (Former Haig Street Primary School site) 4.3 210, 214-216 Burgundy Street, Heidelberg 4.4 33-35 Elwers Street, Watonia North - Proposed Sale of Land 4.5 Notice of Intention to declare a Special Charge Heidelberg Central Precinct 5.1 Motions for Municipal Association Victoria (MAV) State Meeting 6.1 Governance and Conduct Legislative Amendments 6.2 Assembly of Councillors 6.3 Community Information and Support Services Review 7.1 Sealing of Documents

Councillors Present:

Staff Present:

Ordinary Meeting of Council - 5 May 2014

6.4

5

General Business: - “Graffiti. Everyone’s Business” Urgent Items: - Traffic management for Heidelberg RSL ANZAC Day events Steven Briffa Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Simon McMillan, Chief Executive Officer Scott Walker, Director City Development Keith Yeo, Director Corporate Services Gina Burden, Manager Governance Daniel Kollmorgen, Acting Manager Strategic and Economic Development Emily Outlaw, Council Governance Liaison Officer Darren Bennett, Manager Leisure, Recreation and Culture Russell Darling, Manager Operations Joel Elbourne, Manager Development Services

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6.4

ASSEMBLY OF COUNCILLORS cont’d

Others Present:

Shaun Barber, Manager School Sites Redevelopment Project Frances Gianinotti, Coordinator Youth & Community Partnerships David Bailey, Engineering Services Coordinator Nil

Conflict of Interest:

Nil

RECOMMENDATION That the Assembly of Councillors report be received. ATTACHMENTS Nil

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8.1

PROSPECTIVE CANDIDATE - STATE ELECTION 2014

Author:

Cr Steven Briffa

Ward:

Hawdon

File:

F2014/310

8.1

Notice of Motion

TAKE NOTICE that it is my intention to move: “That Council accepts notification of Cr Steven Briffa’s confirmation of pre-selection and endorsement as the Liberal Party candidate for the seat of Eltham in the Victorian State Election to be held in November 2014, and also notes Cr Briffa’s status as a prospective candidate for the State Election.” Explanation I wish to formally advise Council that I have been successful in being pre-selected and officially endorsed by the Liberal Party as their candidate for the state seat of Eltham in the upcoming State Election to be held in November 2014. I also advise that I will be observing the policy guidelines developed by the MAV in relation to Councillor Candidacy for State or Federal Elections, which has been posted on their website and made available to all councils. In accordance with the policy guidelines I have formally advised Banyule’s Chief Executive Officer of my endorsement as the Liberal Party candidate for Eltham, and am now seeking to formally advise Council of same. In accordance with the MAV policy, it should also be noted by Council that my present status is as a prospective candidate for the State Election. That status will change to nominated candidate once I have officially nominated for the election, which will occur closer to the Election. It is my intention to again advise Council formally once my nomination has been submitted. CR STEVEN BRIFFA Hawdon Ward ATTACHMENTS Nil

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8.2

OLYMPIC VILLAGE LEARNING HUB

Author:

Cr Craig Langdon

File:

F2013/741

8.2

Notice of Motion

TAKE NOTICE that it is my intention to move: “That the CEO meet with the Member for Ivanhoe to outline the progress made on the development of the Olympic Village Learning Hub – Child and Family Centre.” Explanation The Member for Ivanhoe recently raised a question in Parliament to the Minister for Children and Early Childhood Development on the status of the construction of the Olympic Village Learning Hub – Child and Family Centre. The Olympic Village Learning Hub will provide a range of purpose designed facilities as an integrated community learning hub to redress current longstanding disadvantage in the West Heidelberg area. The Child and Family Centre is the first stage of the project. Future stages include a community centre, prep to year 4 primary school and an upgraded gym and performing arts centre. The project was announced in May 2012 with funding from the Department Human Services of $500,000 and the Department Early Education and Community Development for $840,000. Council has also committed $750,000 towards the project. Following the project announcement, leasing agreements for use of the land have been completed. In the second half of 2013, concept plans for the facility were developed and tender process undertaken. The tender prices received by Council were unrealistic and after an extensive value management process to reduce the price, it was decided in the best use of available funds to refine the design of the facility and retender the project. The refined design of the facility is almost complete with the intention of tendering the project in May 2014. It is expected that a report will come back to Council in July 2014 to award the project to a builder with works to start by September 2014. It is anticipated that works will be completed by mid-2015. All key stakeholders and the State Government Departments have been provided with regular updates of the project status. Council is also advocating to all levels of Government for funding contributions towards stages 2 to 4 to complete this must needed facility for the West Heidleberg community. CR CRAIG LANGDON Olympia Ward ATTACHMENTS Nil

Ordinary Meeting of Council - 5 May 2014

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ATTACHMENTS 1.1

Constructed Carpark within Banksia Street Reserve Attachment 1

1.2

Proposed Development (19 units) at no. 59 Cape Street, Heidelberg Attachment 1

3.1

Draft City Plan 2013-2017 (Year 2)................................................ 390

Preparation of Budget for period 1 July 2014 to 30 June 2015 Attachment 1

6.2

Northern Horizons Summary Report .............................................. 364

Preparation of Banyule's City Plan 2013 - 2017 (Year 2) Attachment 1

6.1

Summary of Feedback Received ................................................... 342 Map of LaTrobe Employment Cluster ............................................ 363

Northern Horizons Attachment 1

5.1

Summary of Submissions .............................................................. 336

New Residential Zones Attachment 1 Attachment 2

4.3

BEAC Terms of Reference ............................................................ 334

1-3 McKenzie Court, Greensborough, & 3 Somerleigh Crescent, Greensborough Proposed Sale of Land Attachment 1

4.2

Panel & Advisory Committee Report ESD Local Policies ................. 97 SDAPP Fact Sheets ...................................................................... 265 C73 ESD Local Policy & MSS updates .......................................... 309

Banyule Environment Advisory Committee (BEAC) Nominations 2014 Attachment 1

4.1

Petition to Proposed Development at No. 59 Cape Street, Heidelberg ....................................................................................... 96

Environmentally Sustainable Development Local Policy Attachment 1 Attachment 2 Attachment 3

3.2

Cover Letter and Petition ................................................................. 92

Draft Budget 2014/2015 ................................................................ 504

Draft Planning and Building Enforcement Framework Attachment 1

Draft Planning and Building Enforcement Framework .................... 741

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Attachment 3

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Item: 3.1

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3.1

Attachment 3: C73 ESD Local Policy & MSS updates

Attachment 3

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Attachment 3: C73 ESD Local Policy & MSS updates

Attachment 3

3.1

Item: 3.1

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3.1

Attachment 3: C73 ESD Local Policy & MSS updates

Attachment 3

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Attachment 3: C73 ESD Local Policy & MSS updates

Attachment 3

3.1

Item: 3.1

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3.1

Attachment 3: C73 ESD Local Policy & MSS updates

Attachment 3

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Attachment 1

3.2

Item: 3.2

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Attachment 1: BEAC Terms of Reference


3.2

Attachment 1: BEAC Terms of Reference

Attachment 1

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Item: 4.1

Attachment 1: Summary of Submissions Submission Summary – 3 Somerleigh Crescent & 1-3 McKenzie Court

Attachment 1

4.1

3 Somerleigh Crescent, Greensborough (7 submissions) Submission #

Summary

Submitter 1

Objects to the sale of land on following grounds:  Existing vegetation contributes to the amenity of the residential environment.  Section 173 would not provide adequate protection. Request Council continue to preserve and maintain native & indigenous tress within the municipality and this block

Submitter 2

Objects to the sale of land on following grounds:  Land was given to Council to be set aside as public open space. Council owns this land as a 'specific purpose' and should remain for such purpose.  Other means can be used for raising revenue.

Submitter 3

Objects to the sale of land on following grounds:  Land was 'gifted' to Council as open space therefore the land should be retained in public ownership for the ongoing benefit of the community.  The mature indigenous trees and the birdlife on the land are best assured if the land remains under the management of Council.  Greenhills area has been identified as having exceptional environmental significance, maintaining tall trees is important for the significant role they play in the current ecosystem. Greenhills Progress Association is prepared to contribute to improvements to the land such as the installation of a seat. If Council determines to sell the land despite the views of the Greenhills Progress Association and residents then funds from the sale should be spent on open space improvements in the local area.

Submitter 4

Objects to the sale of land on following grounds:  The land was ‘gifted’ to Council as open space approximately 40 years ago. Presumably the cost of the gifted land was spread across all the other blocks available for sale which means the original local residents paid for the block that Council proposes to sell. The land has been a community asset for over 40 years.  Over the past 30 years we have tidied and removed fallen branches, large rocks and plant waste left by others. Council maintenance of the land has been minimal.  Local children have often played in the open space as Somerleigh Crescent is very steep and unsafe for children to play in the street.  People choose Greenhills because of its semi bush character, the trees and environment. These special characteristic

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      

should be protected and enhanced by Council, not sold off to raise additional Council funds. The land was gifted as open space when the area was developed and should remain for future generations. Canopy of indigenous trees is an important characteristic of the semi bush area. The land is an excellent example of this and should be protected and maintained. Section 173 is no guarantee the trees would not be damaged or destroyed by an unscrupulous developer. Vegetation on the block provides an extension and buffer to the habitat areas provided by Yandell & Keswick Glen Reserves. One of the 7 key themes of the Banyule City Plan 2013-2017 is protecting our environment. Council says one thing then wants to sell this open space covered with mature indigenous trees. The heavily treed land adds to the amenity and character of the surrounding residential area. Younger families are starting to move into the area and the land provides an open natural area for children to play in.

Submitter 5

Objects to the sale of land on following grounds:  The block was ‘gifted’ to the Council and should remain in public ownership.  The block has mature indigenous trees that should be retained, they enhance our ecosystem, trees are the lungs of this planet.  Greenhills is a semi bushland area and as such we should retain any trees.

Submitter 6

Objects to the sale of land on following grounds:  The block was left for open space and should be available for future generations to use.  New younger generation moving into area, hope their children get as much enjoyment as own family did.

Submitter 7

Joint letter opposing the sale on behalf of 39 signatures:  The land has been enjoyed and used by the local residents since the 1970s when it is was donated to Council as open space as part of the development of Somerleigh Crescent and Rainham Close.  The land is a not just a backyard extension enjoyed by the abutting neighbours.  The neighbours have cleaned up the land from time to time and have removed fallen limbs at their own expense. Some additional native trees have also been planted.  The land has been used by children of Somerleigh Crescent over the years as a bushland play area. The land is used on occasions as an informal dog run.  Arboricultural Assessment and Report identifies a total of 12 trees on the land, mostly large and medium sized Yellow Gums, indigenous to Greenhills.  The ongoing health and longevity of the outstanding group of mature indigenous trees and the birdlife on the land is best assured if the land remains under the management of Council.  The tall canopy of trees on the land support a host of birdlife including owls, lorikeets, native doves, crows, magpies, galahs and at times kookaburras. Even a couple of kangaroos and some ducks have used the land as a temporary refuge. ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 337

4.1

Attachment 1: Summary of Submissions

Attachment 1

Item: 4.1


Item: 4.1

Attachment 1: Summary of Submissions  This open space may be small but its wealth of mature trees is important for the ongoing maintenance of good physical health of the local residents.

4.1

Recommend that some improvements to the land should be considered for the benefit of the community. Such improvements could include a swing for the children of young families moving into the area as well as the grand children of older residents. A seat would be desirable for folk who wish to rest or enjoy the trees and birdlife.

1-3 McKenzie Court, Greensborough (17 submissions) Submission #

Attachment 1

Submitter 1

Summary Objects to the sale of land on the following grounds:  Request the sale not be bundled with the other two properties (3 Somerleigh Crescent & 33-35 Elwers Street) due to different nature as an established playground  Concerned that as population density increases a Council would propose community space decrease.  Land was donated to Council for recreational purposes. Refutes argument that the Council has purchased a number of excess school sites and some of the land is being set aside for community use thus increasing the community owned open area. That this is consistent with large areas being rezoned to residential with an allocation for public open space and if above the traditional community space allocation is commendable. If it is not, it does not justify the sale of other community use areas. In addition, since schools usually have a high proportion of open space around buildings, the net effect is a significant reduction in the open area in the locality while the population density is increasing. Refutes other arguments regarding size and use of the land. The McKenzie Court land is over 1100 sq.m in area, is not used as a rubbish dump, (minor littering is no more than general street litter), and there are no gates in neighbours' fences. If having a space for children run around, play chasey, have a swing, throw a frisbee etc. is using the area as an alternative to increasingly absent backyards, then "using the space as a backyard" is to be commended, not condemned.

Submitter 2

Objects to the sale of land on the following grounds:  Assertion that the play area is ‘little used’ is unsustained  Comment that there is ‘minimum play equipment’ is ironic as Council removed the extensive play equipment some time ago  Central Park not an option for many kids as the park is isolated and tucked away. McKenzie Court park is open to observation and safer  The park is well used

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 There is lots of wildlife in the area and their habitat would be sorely diminished if the reserve is covered with two storey townhouses  The open space is needed for the wider community (not just immediate neighbours)  Children playing in parks leads to a healthier community.  Is it morally acceptable to sell land that was gifted to Council and the community for a park? Submitter 3

Objects to the sale of land on the following grounds:  Park is well used year round by children and family groups  Concerned it will be sold off for development  Often used by children and parents on way to Grace Park Preschool

Submitter 4

Objects to the sale of land on the following grounds:  The park is well used, for casual play, for children’s parties and McKenzie Court Christmas parties  Park is used as an evacuation point for Grace Park preschool, safety of the children needs to be taken into account  Suggestion that there are other parks nearby is rather offensive as takes away my choice as a citizen and rate payer with Council telling me what parks I can use. When these parks are vandalized and bins overflowing what choice do I then get?  Strongly oppose decision to sell open space to support the beautification and changes to larger parks.  “Once the park is sold it is gone forever”  Park should not only be saved but should be named after prominent citizens of the area.

Submitter 5

Objects to the sale of land on the following grounds:  Have lived in Greensborough for 35 years and have constantly used the park over that time. Two grandchildren now use it on a weekly basis  It is a park not just an ‘open space’ as stated at the Council meeting  Wants to go the local park, not where a Council member would prefer her to go (ie. larger park in the area)

Submitter 6

Objects to the sale of land on the following grounds:  Used the park throughout youth, from using the equipment to having birthday parties there  Now has two children that enjoy the park as much as he did  Keep the park for the children, if it is sold off it can never be replaced

Submitter 7

Objects to the sale of land on the following grounds:  The park is not “surplus to requirements’  The park is well patronized by local families  Council has done little to the park for some time, feels that it has cost the Council very little for maintenance and upkeep  There is large community support to save the park ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 339

4.1

Attachment 1: Summary of Submissions

Attachment 1

Item: 4.1


Item: 4.1

Attachment 1: Summary of Submissions  Keep the park for the future of our children, it’s important for children’s health to play outside and get away from the TV and computer Objects to the sale of land on the following grounds:  The land was given to Council for parkland  Our children, grandchildren and great grandchildren as well as other children in the area have enjoyed using the park over the years  The area, while older is quickly becoming a young area again  The park is used as an evacuation point for the Grace Park Pre school  As we were deprived of McKenzie Court becoming a Court, do not take our children’s playground away

Submitter 9

Objects to the sale of land on the following grounds:  The playground has been used by children and parents for the last 45 years and we hope that it will be around as a playground for the next 145 years.

Submitter 10

Objects to the sale of land on the following grounds:  The park is needed due to the housing trend to double up on existing house blocks, reducing the space for children to play  The park should be preserved for the future. Once it’s gone, it’s gone forever.  Children need the space to play. Makes reference to a newspaper article “Children urged to get off the couch and play”

Submitter 11

Objects to the sale of land on the following grounds:  The land has always been a place of play and recreation. Used to be well maintained but has been neglected in recent years.  Over the years community dynamics change but the park has always been available.  Well used last year for a Christmas party organised for local families and friends.  Local parks are valuable for casual catch ups with others, important for connecting with others in the community.  The park is used on a daily basis by many in the street.  The park would be utilised even more effectively with increased maintenance and replacement of play equipment.

Submitter 12

Objects to the sale of land on the following grounds:  The reserve is well used by local residents  Local residents value small areas of open space which are easily accessible, small and relatively private  The land was designated to be used for ‘open space purposes’ many years ago.  Development has occurred in the area over the years and it is logical that the need for open space would increase as the number of residents increase.  With the increased need for open space it is odd that Council would sell off such a valuable community asset.

Attachment 1

4.1

Submitter 8

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 340


Submitter 13

Objects to the sale of land on the following grounds:  The park is well used, own children play there frequently. Celebrated sons 1st birthday and all neighbourhood events in the park.  It is a thoroughfare for children walking to and from kinder, children stop for a swing before or after school.  It is an evacuation point for Grace Park Preschool  Concerned space donated to council on the provision of a playground would then be sold off for Council to profit from.  Maintenance costs would be minimal, Council does cut grass but there are minimal other costs, residents often help with fallen branches

Submitter 14

Objects to the sale of land on the following grounds:  Local community is overwhelming opposed to the loss of the park  It is a valued small neighbourhood park used for informal play and Christmas parties  It is an evacuation point for Grace Park Preschool  Should not rely on its residential zoning to argue it’s not a park, it is used as a park and Council has signalled this use by the installation of play equipment, a park bench and timber log perimeter fencing.  It is wrong to declare the park as surplus before properly consulting the community.

Submitter 15

Objects to the sale of land on the following grounds:  Part of the reason for moving to the area was the open spaces, public parks and fauna and low level development.  Ask to reconsider the sale of the land and put birds, native animals and local resident’s interests as a priority.  Couldn’t the funds raised from the sale be raised from another means that will not be of determent to the local community

Submitter 16

Objects to the sale of land on the following grounds:  The sale may generate some profit in a given year but don’t believe it is in the best interest of Banyule.  The park may not be fully utilised by the neighbourhood but there is not a lot of equipment on it, some new input may give it new life.  A project such as a playground upgrade, community garden or lemon tree project would have a more favourable long term outcome than 6 more units and 24 more car trips.

Submitter 17

Petition with 166 signatures objecting to the sale of the land  Strongly opposed to the sale of the park at 1-3 McKenzie Court, Greensborough and urge Council to abandon the sale of this valuable public open space.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 341

4.1

Attachment 1: Summary of Submissions

Attachment 1

Item: 4.1


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

4.2

Number 1

Date 15/8/2013 and 28/03/2014

Theme

Preliminary Summary of Issues Raised

Application of the zones to their individual site.

The submitter expressed concern about the application of the Neighbourhood Residential Zone (NRZ) to the site as it will unduly restrict future development.

The proposal translates existing Council strategies and planning scheme provisions for residential neighbourhoods, housing areas and existing mapping in the planning scheme into the new zones.

The site should be zoned Residential Growth Zone (RGZ) to allow for the strategic opportunities and future development of the retirement village.

The RGZ is for most housing change. Presently, this outcome can only be achieved where Council has completed strategies or already identified key strategic redevelopment sites for housing growth.

Consideration of Submissions

Attachment 1

Recommendation for Stage 2: Do analysis and mapping for specific Strategic Redevelopment sites across the city, to explore further application of the RGZ and other zones for housing growth. 2

4/12/2013

Method for the application of the zones

The application of the zones is inconsistent with the existing Housing Framework Map at Clause 21.06 of the Banyule Planning Scheme. The submitter expressed concern about the lack of strategic justification given for this change, and lack of detail on the proposed zone schedules given in 18 November 2013 Council Report.

The Residential Areas Framework is currently represented indicatively in the Scheme on the Housing Framework Map. The map is not intended to specify the location of each Residential Area, but instead give a broad overview of the distribution of housing growth and change across the City. The work council has done in recent years has meant that the final proposed locations of the Residential Areas can be clarified for the purposes of applying the reformed residential zones and their schedules. Recommendation for Stage 2:

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 342


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Theme

Preliminary Summary of Issues Raised

Consideration of Submissions Continue the ongoing process of reviewing and refining the definition if the Residential Areas for the purpose of refining the new zones and schedules in stage 2.

3

4

20/12/2014 and 4/02/2014

17/01/2014

Progress of the amendment, and the process followed.

Level of protection provided by the zones.

The submitter was confused as to why the proposal had been publically exhibited, when a 20(4) Amendment had been requested and lodged with the Minister already. The submitter was concerned about how any submissions received could be considered.

A response to our request has not yet been received from the Minister. Council invited people to view and comment on the proposal to assist in the consideration of future improvements to the Planning Scheme.

The submitter is concerned about the irregularities in the application of the new zones in particular neighbourhoods.

The proposal has been derived primarily from existing provisions in the Banyule Planning Scheme which have already gone through varying levels of public consultation. This translation process has resulted in the application of the General Residential Zone (GRZ) to the Accessible and Incremental areas in Bundoora, as identified in the Residential Areas Framework. The NRZ has been applied to areas which have already been identified as being sensitive to development through the existing provisions.

Many residents are concerned about the approval of multi-unit developments in the Bundoora area. The zones should be used by Council to give protection in this area, but they have done the opposite. The submitter is concerned about the lack of genuine community consultation on the proposal, which would have led to a better outcome.

4.2

Date

Recommendation for Stage 2: For future amendments ensure the process is clearly communicated and understood.

Recommendation for Stage 2: Review and refine the initial application of the zones through further detailed analysis of the City as. This further analysis may reveal parts of Bundoora that are suited to a different zoning in the future. ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 343

Attachment 1

Number


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

4.2

Number 5

Date 27/01/2014

Theme  Application of the zones.  Variations requested to the scheme.

Preliminary Summary of Issues Raised The submitter wanted to know the zones proposed for a list of properties owned by the submitter. The submitter requested variations to the scheme for height controls and so that applications for schools could be fast tracked.

Consideration of Submissions The proposed zoning of all requested properties was identified for the submitter. Building heights are not proposed to be modified through schedules to the relevant zones. Fast tracking application for schools is not being considered through the C100 proposal. Applications for schools would be best assessed on a case by case basis rather than through a blanket clause that precludes notice and appeal rights.

Attachment 1

Recommendation for Stage 2: The effect of the mandatory height limit in the NRZ on non-residential uses in the zone should be reviewed and considered further on a site by site basis in Stage 2. 6

1/02/2014

Schedule variations in the GRZ.

The submitter questioned the difference between the areas proposed for Schedule 1 and 2 to the GRZ. The submitter questioned the reasoning between the different site coverage proposed for each schedule area.

Council’s previous work has given direction to the final proposed locations and boundaries of the Residential Areas described in Clause 21.06, for the purposes of applying the new residential zones and their Schedules. GRZ1 has been applied to the ‘Accessible Areas’, while GRZ2 has been applied to the ‘Incremental Areas’. The different requirements in the Schedules reflect the guidance for these Accessible and Incremental areas in the Residential Neighbourhood Character Policy at Clause 22.02. Recommendation for Stage 2: Further refinement of the zone schedules should be

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 344


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised

Consideration of Submissions considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2.

7

4/02/2014

Proposed application of the zones.

The submitter believes the NRZ should be applied to a greater percentage of the municipality, as other Councils like Glen Eira have done.

4.2

Number

Amendment C100 for the new residential zones translates Banyule’s existing provisions and strategies (which are different to Glen Eira’s) into the format of the reformed residential zones. The NRZ has been applied only to areas which have already been identified as being sensitive to development through the existing overlays.

Review and refine the operation of the zones once they have been implemented. Identify further opportunities to apply the NRZ in areas that are found to warrant protection from increased residential development. 8

6/02/2014

Proposed application of the NRZ.

The submitter expressed concern about the effect the proposal would have on new development and affordable housing in the proposed NRZ in Montmorency. The submitter suggested the GRZ be applied at least near the train station and shops.

The NRZ has been applied to areas that are sensitive to development due to their landscape, environmental, vegetation or heritage characteristics. Two different schedules are proposed to distinguish between the quieter more sensitive streets in the Limited and Limited Incremental areas (Schedule 2 to the NRZ (NRZ2)) and the Accessible Areas (Schedule 1 to the NRZ (NRZ1)) that are close to shopping streets and train stations, but are too sensitive to development for the GRZ. Recommendation for Stage 2:

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 345

Attachment 1

Recommendation for Stage 2:


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

Number

Date

Theme

Preliminary Summary of Issues Raised

Consideration of Submissions

4.2

Review and refine the operation of the zones once they have been implemented. Identify potential opportunities to expand the NRZ1 after more detailed analysis and review of the zones. 9

10/02/2014

Low Density Residential Zone

The submitter wanted clarity on how the Low Density Residential Zone (LDRZ) would be affected by the proposal.

Amendment C100 is proposing to retain the 0.4ha minimum lot size for subdivision in the schedule to the zone. The area affected by the LRDZ is not proposed to change.

Attachment 1

Recommendation for Stage 2: Should the proposed minimum lot size not get approval from the Minister, further work should be done to determine whether an alternative zone is appropriate, or if further analysis could demonstrate the suitability of this minimum lot size. 10

12/02/2014

Application of the RGZ and Schedule 1 and 2 to the GRZ.

The submitter asked for clarification on whether the school sites in Olympia Ward been rezoned to the RGZ separately. An explanation for the application of Schedule 1 and 2 to the GRZ in Heidelberg West and Heidelberg Heights and their different site coverage requirements was requested.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 346

The school sites in Olympia ward were rezoned from Public Use Zone (Education) to part RGZ and part Public Use Zone (Local Government) through Amendment C96 on 23 January 2014. Council’s previous work has given direction to the final proposed locations and boundaries of the Residential Areas described in Clause 21.06, for the purposes of applying the new residential zones and their Schedules. GRZ1 has been applied to the ‘Accessible Areas’, while GRZ2 has been applied to the ‘Incremental Areas’. The different requirements in the Schedules reflect the guidance for these areas in the existing Scheme.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised

Consideration of Submissions Recommendation for Stage 2:

4.2

Number

Further refinement of the zone schedules should be considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2. 17/02/2014

Proposed application of the NRZ and schedule variations in all zones.

The submitter urges Council to:  Widely apply the GRZ;  Limit the variations to Rescode Standards in the schedules to the new zones for a simpler scheme; and  Avoid minimum lot sizes in the NRZ.

Banyule City Council has previously done much strategic planning work that has helped to inform a wellconsidered and balanced approach for introducing the new zones. Multiple schedules to the zones have also been tailored to suit the characteristics of different areas within a zone, to better manage housing growth, and provide more certainty on what types of residential developments can be built and where. Recommendation for Stage 2: Review the operation of the schedules after that are introduced and consider opportunities to refine them.

12

22/02/2014

Effect of new zones on housing diversity and development opportunities.

The submitter opposes the application of the NRZ2 to their property as:  It will prevent their plans to develop their property in the future for a dual occupancy, and therefore their ability to live in the area as they get older.

Banyule City Council has previously done much strategic planning work that has helped to inform a wellconsidered and balanced approach for introducing the new zones, which will manage the distribution of housing growth and change across the city.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 347

Attachment 1

11


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

4.2

Number

Preliminary Summary of Issues Raised  Many lots in the street and surrounding area with dual street frontages have already been subdivided.  Many housing types are needed to provide for all demographics.

Consideration of Submissions The application of the zones is not a reflection of historical patterns of development, but is instead reflects the existing policies and provisions, to guide how future housing growth can occur in different parts of the city. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

25/02/2014

Attachment 1

13

Explanation of the zones

The submitter wanted to better understand:  The purpose of the GRZ;  How it differs from the RGZ and  How the new zones compare with the existing R1Z.

The GRZ is for moderate housing change, similar to the R1Z. The RGZ is for most housing change, including apartments and town houses. The NRZ is for least housing change. Like the R1Z, The NRZ and GRZ have a clear connection to Council’s Neighbourhood Character Policy. Recommendation for Stage 2: The first stage translation matches the proposed zones to the existing provisions so that the difference between the proposed and existing development opportunities is kept to a minimum. Any future rezoning proposals should clearly identify the difference between the current and proposed zoning.

14

26/02/2014

Rezoning of the School sites in Olympia Ward

The submitter objected to the application of the RGZ to the Haig Street School site, and the process followed. The submitter

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 348

The school sites in Olympia ward were rezoned from Public Use Zone (Education) to part RGZ and part Public Use Zone (Local Government) through Amendment C96


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised described some preferred outcomes for the site.

Consideration of Submissions on 23 January 2014. The submitters concerns were considered as part of the progress of C96. These sites will not be affected by the current Amendment C100.

4.2

Number

Recommendation for Stage 2:

15

26/02/2014

Proposed application of zones and schedules.

Banyule’s application of the zones appears balanced, however should accommodate more growth particularly in Heidelberg due to its proximity to the city and excellent public transport access.

Banyule City Council has previously done much strategic planning work that has helped give a well-considered and balanced approach for introducing the new zones. This will manage the distribution of housing growth and change across the city.

GRZ2, with its 40% site coverage limit is applied to broadly in Heidelberg. GRZ1 should be applied to more accommodate families and prevent sprawl.

The Residential Areas Framework Table at Clause 21.06 has given direction to the final proposed locations the new residential zones and their Schedules. GRZ1 has been applied to the ‘Accessible Areas’, while GRZ2 has been applied to the ‘Incremental Areas’. The different requirements in the Schedules reflect the guidance for these areas in the existing Scheme. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 349

Attachment 1

The outcome for this site has already been achieved. The impact of the zoning on the future development of this site should be reviewed and considered as part of any further application of the RGZ in Stage 2.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised

4.2

Number

Further refinement of the zone schedules should be considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2. 16

Attachment 1

Consideration of Submissions

17

26/.02/2014 and 20/03/2014

28/02/2014

Limited application of the RGZ.

 Process followed.  Building heights proposed.  Proposed

The RGZ should be applied to more properties. Banyule has missed its opportunity to encourage growth in the right locations, including:  Bell Street near The Mall  Austin Hospital Precinct  Arterial roads near train stations and activity centres such as Ivanhoe, Rosanna and Watsonia  West of Waoira Road in Heidelberg Heights

Amendment C100 for the new residential zones translates the existing provisions and strategies, into the format of the reformed residential zones.

The Residential Neighbourhood Character Policy should be reviewed to facilitate good design rather than being a mandatory checklist.

Further refinement of the zone schedules should be considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2.

The submitter objected to:  The exhibition period over the summer holidays and the lack of public information sessions;  Lack of plain English explanation of the proposal in Council’s material

Amendment C100 was submitted under 20(4) of the Act. Exhibition is not required for 20(4) proposals, however Council chose to seek community feedback to help inform future work. Information about the proposed changes and how they compare to the R1Z was presented to the community in a variety of ways which

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 350

The RGZ has no connection to the design guidance given in Councils Residential Neighbourhood Character Policy. The RGZ has therefore only been applied to areas which are supported by alternative design guidance in the scheme. Recommendation for Stage 2:


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Theme application of the zones and schedules.

Preliminary Summary of Issues Raised and the presentation of the information explaining the variations proposed in the zone schedules; and  Process followed – concern about when and how submissions will be considered. The Submitter requests that:  Any future Council report explain the difference between the proposed zones and the existing R1Z.  Building heights and zones correspond with the Ivanhoe Structure Plan.  The GRZ1 be reduced in parts of the Ivanhoe Structure Plan area.  GRZ2 should not be reduced in Ivanhoe, due to poor bus services.

Consideration of Submissions has given the opportunity for a wide sector of the community to gain an understanding of the proposal. The C100 proposal is being managed concurrently to Amendment C93 for the Ivanhoe Structure Plan. The zones applied in the areas affected by the C93 include discretionary heights, which are the same as the existing R1Z, and will continue to be considered alongside C93. The boundaries of the Ivanhoe Structure Plan have helped inform the application of the new zones. Amendment C100 is not proposing to change the boundaries described in the Structure Plan. Recommendation for Stage 2: Ensure that the introduction of the new zones corresponds with the zoning changes proposed through Amendment C93 for Ivanhoe. The submitters concerns about the Structure Plan area should be considered through the Panel for Amendment C93. Future Council reports and community consultation material about the new zones will be communicated in Plain English.

18

28/02/2014 and 3/03/2014

Reasoning for the application of the NRZ.

The NRZ2 has been proposed for this submitter’s property. The submitter objects to this as:  The street is not in the Mount Eagle Estate;

4.2

Date

Heritage significance, which is a value of the Mount Eagle estate, is not the only value that has contributed to the application of the NRZ. The application of the zones is also not a reflection of historical patterns of development. The zones reflect the existing policies and ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 351

Attachment 1

Number


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Attachment 1

4.2

Number

19

2/03/2014

Proposed application of the NRZ2

Preliminary Summary of Issues Raised  The dual street frontages make it ideal for further development;  The submitter states that Council has supported the idea of subdividing his property in the past, and has never indicated that the Significant Landscape Overlay could hinder development opportunities.  The proposal will give different zones on each side of the street, with more development allowed on the side closer to the Yarra River. This will result in neighbourhood character issues.  The reasoning for the application of the Schedule 1 to the Significant Landscape Overlay (SLO1) to the street is unclear. The submitter objects to the application of the zone and its schedule as it would rule out the possibility of subdividing the submitters property, leaving it out of character with the street with many properties already subdivided. The requirement in the schedule for a large tree in the front garden is out of character with the existing dwellings.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 352

Consideration of Submissions provisions, such as the SLO1 which has influenced the application of the NRZ in Warne Street, to guide how future housing should be distributed accross the city. Past strategic planning done by the State Government underpins the strategic justification of the SLO1 in the Banyule Planning Scheme. The SLO1 aims to protect important landscapes from visual intrusion and maintains a sense of remoteness, which can be supported by the NRZ. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Council is obliged as the Planning Authority to review and update the Planning Scheme overtime. These updates can lead to changes in development opportunities. The current update, the application of the zones, is not a reflection of historical patterns of development, but instead reflects the existing policies and provisions to guide how future housing growth can occur in different parts of the city. The different requirements in the Schedules are for a desired future character for residential developments, and reflect the guidance in the Residential Neighbourhood Character Policy at Clause 22.02.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised

Consideration of Submissions Recommendations for Stage 2:

4.2

Number

Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

20

5/03/2014

Proposed application of the NRZ2.

The submitter considers the NRZ1 or the GRZ to be more appropriate for his property due to its close proximity to Darebin Station and walking distance to Ivanhoe Activity Centre.

The NRZ has been proposed for this site as it is currently in a Limited Area, and is affected by the existing Environmental Overlay Schedule 1 (ESO1). The combination of these controls, and its highly valued neighbourhood character, warrant protection of the site through the NRZ in the first stage translation. Recommendations for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

21

6/03/2014 and 25/03/2014

Proposed schedules to the zones and the

The submitter does not agree with the application of the NRZ in Montmorency, in particular in areas that have already been

The NRZ is proposed to apply to the areas of Montmorency affected by controls that prevent development from dominating the tree canopy. Two ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 353

Attachment 1

Further refinement of the zone schedules should be considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

Number

Date

application of the NRZ

4.2 Attachment 1

Theme

Preliminary Summary of Issues Raised developed. GRZ is considered more appropriate.

Consideration of Submissions

Council is seen to be making the planning process more complicated by adding more red tape in schedules, when the Victorian Government is aiming to simplify planning controls.

schedules are proposed to give clarity on development opportunities in the area. The NRZ2 is proposed for the Limited and Limited Incremental areas that are quieter streets with high vegetation and neighbourhood character values. The NRZ1 is proposed for the Accessible Areas, as they are close to shopping streets and train stations, but are too sensitive to development for the GRZ.

The submitter is concerned that the value of properties have been reduced and investments affected, with no opportunity for public comment until after the proposal was submitted.

The proposal has been derived primarily from existing provisions in the Banyule Planning Scheme which have already gone through varying levels of public consultation. The impact of the proposal on property values has not yet been tested. Recommendations for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Any future rezoning that is not a translation should be progressed with community consultation.

22

21/03/2014

Broader application of the RGZ.

The submitter generally supports the C100 proposal, however believes that parts of Powlett Street should be included in the RGZ instead of the GRZ due to the proximity to the Austin Hospital, its interrupted outlook, reduced amenity, proximity to public transport and the

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 354

The RGZ is for most housing change and cannot give connection to Council’s Residential Neighbourhood Character Policy at Clause 22.02. It has been proposed in limited locations in this first stage translation where there are already other planning scheme guidelines for development, such as the Design and Development Overlay in the Heidelberg Activity Centre.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised Heidelberg Activity Centre, and the transition that it could provide between the Special Use Zone and the surrounding residential area.

Consideration of Submissions Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

4.2

Number

23

25/03/2014

 Schedule 2 to the NRZ.  Council’s process to introduce the new zones.

The submitter opposes the application of Schedule 2 to the NRZ and the process followed for the application of the new zones in Banyule as:  The submitter learnt about Banyule’s proposal in Cr Philips ward newsletter and is disappointed there has not been open consultation as the proposal was submitted to the Minister before the community were notified.  The proposed large minimum lot size for subdivision is near sighted and protectionist. It promotes contraction rather than sustainability.  The proposal will impact housing affordability and diversity.

Notification of the proposal was given from January until the end of March. These notices explained that the proposal had already been submitted to the Minister, and that it had been derived primarily from existing provisions in the Banyule Planning Scheme which have already gone through varying levels of public consultation. The local variations to lot size and dwelling numbers in the schedules to the NRZ2 are proposed to translate the collective existing controls that apply into one clear guideline. In this first stage translation the NRZ2 has been applied to all areas affected by these collective controls. Recommendations for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 355

Attachment 1

Further review and identification of Strategic Redevelopment sites should also be done as part of Stage 2. This should include specific criteria for the identification of these sites. A range of zonings including RGZ, GRZ and MUZ should be considered.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

Number

Date

Theme

Preliminary Summary of Issues Raised

4.2

achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Any future rezoning that is not a translation should be progressed with community consultation. 24

Attachment 1

Consideration of Submissions

26/04/2014

The proposed GRZ in Bundoora

The GRZ1 should be extended west of Plenty Road in Bundoora, as it is home to two of Melbourne’s largest universities, and has access to transport and shopping precincts that are underutilised.

Council has previously done much strategic planning work that has helped to inform a well-considered and balanced approach for introducing the new zones, which will manage the distribution of housing growth and change across the city. Council’s previous work has given direction to the final proposed locations and boundaries of the Residential Areas described in Clause 21.06, for the purposes of applying the new residential zones and their Schedules. GRZ1 has been applied to the ‘Accessible Areas’, while GRZ2 has been applied to the ‘Incremental Areas’. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

25

27/03/2014

Opposes the proposed application of the Zones and Schedules

The submitter opposes the application of the NRZ Schedules 1 and 2 and GRZ and Schedule 2, as:  The maximum dwelling numbers proposed for the schedules to the NRZ are poorly thought out blunt

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 356

The local variations to lot size and dwelling numbers in the schedules to the NRZ are proposed to translate the collective existing controls that apply into one clear guideline. In this first stage translation they have been applied to all areas affected by these collective controls.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Theme

Preliminary Summary of Issues Raised instruments that defy intelligent planning principles.  The NRZ Schedules 1 and 2 will destroy housing diversity and affordability.  The Rescode variations proposed will not enable well designed medium density housing.

Consideration of Submissions The different requirements in the Schedules to the GRZ reflect the existing guidance for Accessible and Incremental Areas in the Residential Neighbourhood Character Policy at Clause 22.02. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Further refinement of the zone schedules should be considered through a detailed review of the Residential Neighbourhood Character Policy. Opportunities to simplify the policy and relocate guidelines to the zone schedules should be considered in Stage 2.

26

27/03/2014

The proposed application of the new residential zones and the process followed for their introduction.

The submitter opposes the process and detail of the new residential zones in Banyule as:  It is not policy neutral, and does not implement State Planning Policy.  The proposed schedules are inflexible, outdated, and will destroy the site specific design approach. They will reduce land values for many landowners who are unaware of the detail.  The process for the implementation of the zones is inconsistent with the

4.2

Date

Amendment C100 translates the existing provisions and strategies, into the format of the reformed residential zones and their schedules. This translation meant that Council could request the Minister for Planning to consider the proposal under section 20(4) of the Act, so that an outcome may be achieved before the July 2014 deadline. This approach reflects the guidance given by the Victorian Government. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 357

Attachment 1

Number


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

Number

Date

Theme

Preliminary Summary of Issues Raised

4.2

direction of the Minister for Planning.

28/03/2014

Proposed zoning of a property on Plenty Road Bundoora

Attachment 1

27

The site is approximately 3.5 ha, and is close to public transport and services. The submitter objects to the proposed GRZ2 for this site as it will limit the redevelopment potential of the land and will not be able to accommodate a mix of land uses or scale of development expected for a site of this size and location. The Mixed Use Zone (MUZ) may be more appropriate for the site.

Consideration of Submissions achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Any future rezoning that is not a translation should be progressed with community consultation. The first stage translation of the zones is not being considered on a site by site basis, but distinguishes areas affected by common provisions. There are some select sites of strategic significance that have been rezoned through a separate amendment to RGZ, as their develop potential is known and is being tested through Council. The translation of the zones includes only the replacement of the R1Z with the NRZ, GRZ or RGZ. The MUZ is not a part of this proposal. Recommendation for Stage 2: Further review and identification of Strategic Redevelopment sites should be done across the city as part of Stage 2. This should include specific criteria being set for the identification of these sites. A range of zonings including RGZ, GRZ and MUZ should be considered for these sites.

28

28/03/2014

Proposed application of the GRZ1

The parts of Ivanhoe East proposed for the GRZ2 should be in the NRZ2 as these areas meeting the criteria for this zone, as specified in Planning Practice Notes. There are single dwelling covenants in this

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 358

The NRZ has been applied to areas that are sensitive to development due to their landscape, environmental, vegetation or heritage characteristics. This follows the Victorian Government guidance.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100 Date

Theme

Preliminary Summary of Issues Raised area and most lots contain detached dwellings.

Consideration of Submissions The GRZ2 has been applied to the quieter residential streets in Banyule’s Incremental Areas where neighbourhood character is highly valued, but are not recognised to have significant environmental, heritage, landscape or heritage qualities that make them particularly sensitive to development

4.2

Number

Recommendation for Stage 2:

29

28/03/2014

The proposed application of the new residential zones and the process followed for their introduction.

Banyule’s application of the zones is more balanced than others, however objects to:  The proposed application of the NRZ in a blanket fashion.  The lack of analysis on the effect of the proposed schedules to the NRZ on the loss of housing.  The lack of analysis to inform the minimum lot size, maximum dwelling numbers, and maximum building height.  The reference to the Tree Planting Zone Guidelines which are not sufficiently professional, and have never been exhibited.  The site coverage of 40% in the GRZ.  The limited application of the RGZ.

The proposal gives a well-considered and balanced approach for introducing the new zones that will manage the distribution of housing growth and change across the city. It translates existing Council strategies and planning scheme provisions (which have already gone through varying levels of public consultation) for residential neighbourhoods, housing areas and existing mapping in the planning scheme into the new zones and their schedules. This approach reflects the guidance given by the Victorian Government. Public notice of the proposal was given which explained that the proposal had already been submitted and that feedback would be considered as part of further work and analysis in stage 2. Recommendation for Stage 2: ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 359

Attachment 1

Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

Number

Date

Theme

4.2

The areas proposed will not make up for lost housing opportunities elsewhere.  The process followed, which has not allowed residents to have input.

30

Attachment 1

Preliminary Summary of Issues Raised

28/03/2014

The application of the GRZ1 and GRZ2

 The new residential zones should support the objective for increased housing density in inner and middle Melbourne.  The difference in site coverage and tree planting ratios between the GRZ1 and GRZ2 is a concern.  The GRZ1 should be applied to more areas close to public transport rather than Heidelberg West and Bellfield, where its application will lead to increased reliance on cars.

Consideration of Submissions Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations. Any future rezoning that is not a translation should be progressed with community consultation. Council has previously done much strategic planning work that has helped to inform a well-considered and balanced approach for introducing the new zones, which will manage the distribution of housing growth and change across the city. Council’s previous work has given direction to the final proposed locations and boundaries of the Residential Areas described in Clause 21.06, for the purposes of applying the new residential zones and their Schedules. GRZ1 has been applied to the ‘Accessible Areas’, while GRZ2 has been applied to the ‘Incremental Areas’. The different requirements in the Schedules reflect the guidance for these areas in the existing Scheme. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 360


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

1/04/2014

Theme The proposed GRZ near Darebin Creek.

Preliminary Summary of Issues Raised The area along Darebin Creek between Banksia Street and Dougharty Road is proposed for the GRZ, however the submitter has requested that it be included in the NRZ to reflect its inclusion in the Environmental Significance Overlay Schedule 1. Two unique parcels in particular should be given protection:  The Scout Hall at 169 Liberty Parade Heidelberg West.  The Olympic Adult Education Centre at 233 Murray Road Heidelberg West

Consideration of Submissions The presence of the ESO1 has influenced the application of the NRZ in some locations, however this needs to be balanced against other existing controls. The ESO1 applies along Darebin Creek, however parts of this area are also identified as an Accessible Area in the Residential Areas Framework at Clause 21.06. This framework separately identifies Heidelberg West as area of urban renewal that will support new development opportunities. The GRZ was therefore considered an appropriate translation in this area.

4.2

31

Date

Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 361

Attachment 1

Number


Item: 4.2

Attachment 1: Summary of Feedback Received Summary of Feedback to C100

32

Date 9/04/2014

Theme

Preliminary Summary of Issues Raised

Limited application of the RGZ and the schedules to the NRZ

The RGZ should be increased around train stations and shopping centres. A new schedule could manage the interface with the GRZ. The schedules to the NRZ should allow more flexibility for well-designed medium density development. A third schedule could be used to distinguish the less sensitive areas in the NRZ2. Greater flexibility should also be given for building heights in sloping areas.

Attachment 1

4.2

Number

Consideration of Submissions Council has previously done much strategic planning work that has helped to inform a well-considered and balanced approach for introducing the new zones. The RGZ is for most housing change and cannot give connection to Council’s Residential Neighbourhood Character Policy at Clause 22.02. It has been proposed in limited locations in this first stage translation where there are already other planning scheme guidelines for development. The local variations in the schedules to the NRZ are proposed to translate the collective existing controls that apply into one clear guideline. In this first stage translation they have been applied to all areas affected by these collective controls. Recommendation for Stage 2: Further detailed analysis of the application of the zones should be done after the first stage translation is achieved. This may reveal opportunities for alternative schedule variations or zoning for some locations.

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 362


4.2

Attachment 2: Map of LaTrobe Employment Cluster

Attachment 2

Item: 4.2

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 363


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 364


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 365


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 366


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 367


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 368


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 369


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 370


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 371


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 372


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 373


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 374


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 375


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 376


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 377


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 378


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 379


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 380


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 381


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 382


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 383


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 384


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 385


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 386


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 387


Attachment 1: Northern Horizons Summary Report

Attachment 1

4.3

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 388


4.3

Attachment 1: Northern Horizons Summary Report

Attachment 1

Item: 4.3

ORDINARY MEETING OF COUNCIL ON 5 MAY 2014 Page 389

Banyule City Council Agenda 5 May 2014 (pt 1)