Banyule City Council Agenda 27 June 2016 - Attachments only

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 27 June 2016 commencing at 7.45pm

ATTACHMENTS 4.2 Managing Construction Activity associated with Large Development Sites Attachment 1.

Managing Development in Banyule ......................................................3

Attachment 2.

Occupation of Council Land..................................................................7

Attachment 3.

Construction Management Plans ..........................................................9

4.3 44 Turnham Avenue, Rosanna - Proposed Supermarket (P1260/15) Attachment 1.

Planning Policy ...................................................................................15

Attachment 2.

Rosanna Library car park and footpath remodelling concept plan.....................................................................................................25

Attachment 3.

Plans ..................................................................................................27

4.4 Use and development of land at 29 Howard Street and 2-6 Stubley Court, Greensborough, for a Car Park Attachment 1.

Attachment 1 - Background information ..............................................43

Attachment 2.

Attachment 2 - Advertised plans .........................................................47

4.5 Banyule Surveillance Policy Attachment 1.

Draft Banyule Surveillance Policy .......................................................53

6.4 Items for Noting Attachment 1.

Safe Schools Program - Senator James Mcgrath ...............................65

Attachment 2.

Safe Schools Program - Bill Shorten...................................................67

Attachment 3.

Safe Schools Program - Senator Carol Brown ...................................69

Attachment 4.

Safe Schools Program - Senator Marise Payne..................................71

Attachment 5.

Safe Schools Program - Department of Education and Training (on behalf of the Minister for Education and Training and the Minister for Social Services) .....................................73

Attachment 6.

Safe Schools Program - Tanya Plibersek MP .....................................75

Attachment 7.

Safe Schools Program - Senator Sarah Hason-Young .......................77

Attachment 8.

Safe Schools Program - Senator Ricky Muir ......................................79

Attachment 9.

Safe Schools Program - Senator Eric Abetz .......................................81

Attachment 10. Safe Schools Program - Warren Truss MP ........................................83 Attachment 11. Safe Schools Program - Senator Glen Lazarus .................................87 Attachment 12. Safe Schools Program - Clive Palmer MP ..........................................89 Attachment 13. Safe Schools Program - Senator Fiona Nash .....................................91 Attachment 14. Safe Schools Program - Senator Claire Moore ...................................93 Attachment 15. Safe Schools Program - Julie Owens MP ...........................................95 Attachment 16. Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016 ...................................97 6.6 Submission to the Minister for Planning in relation to the proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations Attachment 1.

Proposed Planning and Subdivision Fee Changes ...........................103

Attachment 2.

Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations..............................105

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Attachment 1: Managing Development in Banyule

4.2

Item: 4.2

MANAGING DEVELOPMENT IN BANYULE

The Development Planning team is responsible for managing the overall development and land use approvals process and subsequent enforcement in accordance with the LPPF and local rules prepared by Strategic Planning and the SPPF and P&E Act established by the State Government. Given the complexities of the planning process, public involvement and detailed rules embodied in the Banyule Planning Scheme the team involved in the approvals component of the process is quite large with individual expertise including arborists and a subdivision officer. The enforcement component, however, is limited to a ‘reactive’ service which primarily responds to complaints. Technical input to the assessment and approvals process is provided by the Engineering Services Team, primarily in regard to appropriate standards and approval of designs in relation to car parking, roads and drains.

The issuing of planning permits has historically focused on the development outcome to be achieved with appropriate permit conditions relating to the development once complete rather than the activities on and near a site during the construction phase. Construction activities have generally been managed through other State and local legislation such as the Local Law and EPA in relation to pollution and noise. This continues to be the accepted approach, although conditions relating to construction activity which may impact on the ultimate planning outcome are now commonly accepted. For example, a requirement to protect a specific tree which is to be retained as part of a development is essential as a planning permit condition as it is important that the tree is protected to achieve the overall planning outcome sought. General conditions relating to construction activity are not usually expected in a planning permit although the use of Construction Management Plans for some large development sites has been required in recent years. The requirement for a Construction Management Plan provides some level of control over the construction process of these larger developments. The opportunity for and use of CMP’s is discussed in detail in the “Technical Considerations and Discussion” section below.

Building (Banyule BPI) Banyule BPI is responsible for managing building approvals in the municipality, but since the deregulation of the industry over 20 years ago only if appointed as the relevant building surveyor. Private Building Surveyors can also be appointed to issue permits and monitor building approvals on sites within Banyule. Nonetheless, the enforcement of building approvals issued in the municipality, primarily in relation to structural integrity and safety of buildings and in accordance with relevant planning approvals is also another key function of the team. Banyule has been much more active in the enforcement of building regulations since the appointment of a Building Enforcement Officer four years ago which has reduced the incidence of building activity in breach of the regulations.

The Building Act 1993 & Building Regulations 2006 allow Council, through its Municipal Building Surveyor, to enforce safety issues, such as pool fencing, dangerous buildings and unlawful building work. This makes building enforcement limited for amenity issues unless they affect safety. However, the Building Surveyor is responsible for ensuring that “site protection” works are in place which protects adjoining properties during construction and is particularly relevant for sites which involve excavation.

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Attachment 1

Development Planning & Engineering

4.2

Item: 4.2

Attachment 1: Managing Development in Banyule

Local Laws

Attachment 1

Council’s Local Laws Unit has wide ranging responsibilities for enforcing Councils Local Laws. One of their key functions is to ensure that construction and building activity is well managed in accordance with Council’s Local Law to minimise the impact of construction activity on the amenity of the surrounding area. The Local Law has clauses which require building works to be contained within the building site and also deal with issues such as dust, mud of roads, refuse and hours of work.

The Local Law also includes clauses relating to the occupation of roads and Council land and requires a permit to be obtained for hoardings, scaffolding, plant and equipment, skips and bins which are on Council land outside of a building sites boundary. A permit under the Local Law needs to be in a prescribed form set by Council and subject to the payment of the appropriate fee which is also set by Council.

It is expected that all builders, developers and tradespeople operating within Banyule will comply with the Local Law. Breaches of the Local Law may be enforced under the relevant legislation by Council’s Local Laws unit. For significant off-site issues the EPA, Melbourne Water or other Authorities may also be involved.

Construction (Asset Protection) Building and construction activities which impact on Council assets are also governed by the Local Law but are managed through Council’s Asset Protection unit rather than the Local Laws unit of Council. The relevant clause within the Local Law states: 1.

If any building work is to be carried out on land: (a) (b) (c) (d)

the owner of the relevant land; the builder engaged to carry out building work on the land; any appointed agent; or any demolition contractor engaged to demolish some object on the land as part of the building work

(e)

not carry out or allow to be carried out building work on that land unless an Asset Protection Permit has been obtained; not carry out or allow to be carried out building work on that land in breach of any conditions of an Asset Protection Permit that has been obtained; and pay any Asset Protection Permit Bond determined by the Council from time to time.

must:

(f)

(g)

2.

If a person contravenes or fails to comply with Clause 1. above, Council may serve a Notice to Comply on that person requiring the repair, rectification, reinstatement, replacement or any other work to repair, rectify, re-instate or replace any asset vested in, controlled or owned by Council.

Note: Council will inspect and assess potential for damage to Council assets, including an Asset Protection Permit Bond. An Asset Protection Permit is not Consent or permission to work from or upon Council Land and an application may be required for the following Permits: • Occupation of Roads and Council Land • Interference with Council Assets

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• • •

4.2

Attachment 1: Managing Development in Banyule Obstruction of Roads and Council Land Vehicle Crossings Tradesperson Parking/Workzone

Councils Asset Protection unit is responsible for monitoring development impacts on Council assets such as nature strips, street trees, kerb and channel, drains, roads and right of ways but with the legislative power provided by the Local Law. The key principle behind the asset protection system is that it is a ‘user pays’ approach where those responsible for damage to Council assets are responsible for the rectification. Once a Building Permit has been issued either through Council or through a Private Building Surveyor, the site is placed on a monitoring system for an Asset Protection Inspection which is subject to a $215 fee. The inspection is conducted to ascertain the condition of Council’s assets before the commencement of works. If, as a result of the inspection, it is deemed that the building works may cause damage to any Council asset, the property owner is required to lodge a security deposit with Council.

When all works are completed the owner is required to request a final inspection. The inspection will determine the condition of Council’s asset abutting the property and if damage has occurred, a quotation will be forwarded to the owner stating the cost for Council to reinstate any identified damage or alternatively the owner may engage a contractor to reinstate Council’s assets. Once the assets have been reinstated the bond is returned.

The Asset Protection unit is also responsible for issuing permits under the Local Law for works on Council land and within the Road Reserve such as a road opening, stormwater connection, footpath closure, vehicle crossover, drainage connection, and erecting a hoarding or other works associated with a new development. When a permit is issued works must be conducted in accordance with the conditions of the permit which include compliance with appropriate standards of construction and usually require a traffic management plan. A fee is charged and a bond may be required as well as an inspection being undertaken.

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Attachment 1

Item: 4.2

4.2

Attachment 2: Occupation of Council Land

OCCUPATION OF COUNCIL LAND Permit Type

Location

Legislation

Considerations

Crane Permit

Where the occupation is on a road or Council Asset

Road Management Act 2004

Public Safety & Asset Protection.

Control the impact on residents and road users; ensure the works are undertaken safely.

Concrete Pump

Where the occupation is on a road or Council Asset

Road Management Act 2004

Public Safety & Asset Protection.

Control the impact on residents and road users; ensure the works are undertaken safely and the area is left clean.

Hoarding

Where the occupation in on a Council Asset /Footpath

Building Regulations 2006

Public Protection as required under the regulation 604 of the Building Regulations and deemed necessary by the relevant Building Surveyor.

Work Area

Where the occupation of a footpath is required to undertake minor works

Disability Discrimination Act 1992 Equal Opportunity Act 1995

Ensure works on a footpath are undertaken in a safe and compliant manner and provide free and unencumbered access for pedestrians and those with disabilities.

Work Zone

Provide Trade Parking to Building Sites and minor deliveries.

Road Safety Act 1986 Victorian Road Rules

Ensure compliance with Parking restrictions and assist Developers and Builders.

Gantry and Scaffolds

Where the occupation of a footpath is required to undertake major works or protect building facade.

Building Regulations 2006 Disability Discrimination Act 1992 Equal Opportunity Act 1995

Public Protection as required under the regulation 604 of the Building Regulations and deemed necessary by the relevant Building Surveyor, protection of Heritage Buildings.

Temp Vehicle Crossovers

Entry and Egress from sites

Road Management Act 2004

Control the damage to council assets and maintain the safe integrity of the footpath for pedestrian usage.

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Attachment 2

Item: 4.2

Attachment 3: Construction Management Plans

4.2

Item: 4.2

Construction Management Plans

The origin of the practice of requiring a CMP as a condition on a planning permit is unclear, however it raises a number of issues: •

The preparation and approval of a CMP provides a mechanism for a developer to think through the implications of their construction activity on the lives of surrounding property owners and occupiers. Ideally, they should be considering issues such as asset protection, deliveries (hours, means of access, storage), and construction activity (hours, facilities provided to staff on site, parking of staff vehicles). Many of these issues are separately controlled by the relevant Building Surveyor, the EPA or Council through its Local Law.

•

A planning permit is a convenient place to draw a permit holder (and subsequently developers) attention to this requirement, and linking the approval of the CMP to the commencement of the works should mean that all issues are appropriately addressed, and all relevant approvals given, prior to commencement.

•

The purpose of the Planning and Environment Act 1987 (P&E Act) is to regulate the use and development of land, not the construction process. As any permit conditions must relate to the nature of the approval being given, conditions should not generally seek to control the construction process. However there will be instances when the construction process will impact upon, or have the potential to impact upon, existing use and development, or result in actions which require a planning permit in their own right (eg. The construction of an extension to an existing medical centre may result in a temporary reduction in car parking below the standard Planning Scheme requirement, or building activity on a site near a waterway may result in the temporary provision of fill within land affected by an Inundation or Special Building Overlay).

•

The fines associated with a Planning Infringement Notice (5 penalty units for a natural person and 10 for a body corporate, currently $758.35 and $1516.70 respectively) are equivalent in value to those associated with an Infringement Notice under the Local Law (5 or 10 penalty units each for matters associated with construction sites, with different penalties for different offences).

•

The application of a CMP condition on planning permits has been ad-hoc, with individual planning officers differing in when and how the requirement is imposed.

Similarly, assessment of the suitability of any submitted CMP has differed from officer to officer, with differing levels of involvement of both Local Laws officers and/or Asset Protection officers in this process.

There are issues with requiring CMP’s as a planning permit requirement. These are summarised as follows: 1

The purpose of the planning function: A CMP seeks to provide a summary of controls that are, for the most part, outside of the purpose of the planning function;

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Page 9

Attachment 3

The intent and extent of the Construction Management Plan (CMP) is to ensure that the process of construction has minimal impact upon neighbouring land uses and Council's infrastructure. The CMP effectively summarises how it is that the developer and the builder are to comply with relevant requirements of the Local Law, the Building legislation and the EPA legislation throughout the construction phase. Although from time to time a view has been expressed that the CMP could be required to be more restrictive than this legislation, there would appear to be no mechanism to require it to be so.

4.2

Item: 4.2

Attachment 3: Construction Management Plans

2

The location of the matter sought to be controlled: Many of the controls captured within a CMP are concerned with off-site activities whereas the scope of assessment of any development permit is legally limited to the title boundaries of the planning parcel;

3

The enforceability of the permit condition: Any failure to provide a CMP prior to the commencement of works or to comply with the requirements may not be able to be successfully enforced through the provisions of the Act as a result.

Attachment 3

The purpose of the planning function It is acknowledged that the overall planning function is focused on the use and development of land. However for the purpose of clarity the term ‘use’ is not relevant to any requirement for a CMP (as ‘use’ alone does not involve construction).

Notwithstanding that the term ‘development’ has a broad meaning under the Act, it is considered that the term ‘development’ in the context of the planning permit function should be read as a noun – not a verb. Development is a thing – not a doing. If such a contextual interpretation is accepted then the term ‘development’ refers to the completed construction – not the process of construction.

This interpretation is evidenced by analysis of the objectives of planning in Victoria (as defined within the Act) and the decision guidelines within the planning scheme.

The objectives of planning in Victoria are set out in Section 4(1) of the Act, as follows: •

To provide for the fair, orderly, economic and sustainable use and development of land.

•

To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity.

•

To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria

•

To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value

•

To protect public utilities and other assets and enable the orderly provision and coordination of public utilities and other facilities for the benefit of the community

•

To facilitate development in accordance with the objectives set out in the points above

•

To balance the present and future interests of all Victorians

The decision guidelines found at Clause 65.01 of the Banyule Planning Scheme provide: Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: •

The matters set out in Section 60 of the Act

•

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies

•

The purpose of the zone, overlay or other provision

•

Any matter to be considered in the zone, overlay or other provision

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4.2

Attachment 3: Construction Management Plans

•

The orderly planning of the area

•

The effect on the amenity of the area

•

The proximity of the land to any public land

•

Factors likely to cause or contribute to land degradation, salinity or reduce water quality

•

Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site

•

The extent and character of native vegetation and the likelihood of its destruction

•

Whether native vegetation is to be or can be protected, planted or allowed to regenerate

•

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of land so as to minimise any such hazard

Conditions imposed on any permit issued must relate to those matters for which a permit is required, and the appropriate decision guidelines. Matters of construction management do not ordinarily fit within this scope, whether or not these matters are separately (or adequately) addressed by other legislation.

Further, whilst many developments require a planning, the relevant planning permit trigger is not always associated with development and there may not have any development related conditions included within the permit. Therefore any system which relies on construction management plans should not rely on the planning permit system to require such plans.

The location of the matter sought to be controlled The scope of assessment for a development permit is limited to buildings and works that take place on the subject land. Where the subject land comprises of more than one lot the site is referred to as the planning parcel.

Except in very limited circumstances, a planning permit cannot legally provide controls that are applicable to adjoining land or public land. In the overwhelming majority of cases, the ambit of discretion for a development permit does not extend beyond the title boundaries of the planning parcel. It is therefore inappropriate for a planning permit condition to seek to control matters such as parking on nearby roads, proposed routes of access to and from the site for deliveries, propping of concrete or delivery trucks on the road during construction or other similar matters.

As an aside - It is acknowledged that a ‘use’ permit will seek to control activities on the land that have the potential to impact on the amenity of the environment such as operational hours, noise levels and compliance with relevant SEPPs. However it is to be recognised that such controls are normally limited to ‘use’ permits and importantly are limited to activities that take place on the land – not off-site.

The enforceability of the permit condition It is recognised that any failure to submit a CMP prior to the commencement of works will constitute a breach of a properly constructed planning permit condition. However such a breach would be an administrative breach only, in the same way as a failure to submit condition 1 plans or a landscape plan for endorsement or any other subordinate instrument.

The Victorian Civil and Administrative Tribunal have consistently held that the failure to submit a subordinate instrument prior to the commencement of works does not invalidate the permit – rather this omission simply constitutes a breach of the permit.

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Attachment 3

Item: 4.2

4.2

Item: 4.2

Attachment 3: Construction Management Plans

Similarly, a complaint alleging matters such as ‘mud on the road’ or ‘dust emissions’ or ‘construction working times’ are (if proven) breaches of the relevant legislation that controls that activity. Such allegations should not be seen as a breach of the planning permit (which derives its authority from the planning legislation).

Attachment 3

The following is a (limited) list of allegations that may be received by the Council during the construction phase which are outside of the planning legislation.

Issue Dust control Construction site refuse Construction site hours Delivery times to construction site Noise from construction site Spoil (mud) on roads from construction site Occupation of roads (i.e. queuing of trucks) Obstruction of road Damage to a Council asset Unsightly land Unsafe vacant land/building Potential fire hazard

Appropriate Legislation Local Law and EPA Local Law Local Law and EPA Local Law EPA and Health Local Law Local Law Local Law Local Law Local Law Building and Local Law Local Law

The crossover – potentially relevant planning consideration There are limited circumstances where some part of the construction phase may impact upon the existing permitted use of the land or some other control affecting the land. In such circumstances the planning function should consider whether or not it should exercise some form of control over the potential impact.

Potentially relevant planning considerations may include: •

A temporary reduction in approved car parking on the land for the period of construction;

•

The temporary storage of soil or materials on land affected by the LSIO, ESO or similar planning control; or

•

The potential for damage to occur to heritage fabric during any partial demolition phase.

Having regard to the above it is appropriate that any potentially relevant planning consideration be provided for by conditions of permit.

Temporary signage displayed during construction may also require a planning permit or be prohibited by the Scheme, and has been the subject of complaints. The need to consider the Planning Scheme requirements in this regard can be reinforced by amending the standard signage note and including it on all permits issued for development.

However it is also recognised that from a whole-of-Council perspective there remains the desire to ensure that the developer has focused their attention on the implications of the proposed construction activity on surrounding residents and infrastructure. This could be assisted by the inclusion of a new standard note on planning permits drawing the developer’s attention to the need to appropriately manage construction. This is similar to existing standard notes in relation to the need to obtain a building permit or consent for works within an easement. There may also be the option of including a straight forward ‘enabling’ permit condition which requires a CMP to be submitted to and approved by

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Page 12

Attachment 3: Construction Management Plans

Council for larger developments but the responsibility for approving the CMP enforcing it does not does not sit with the Development Planning Unit.

4.2

Item: 4.2

It is acknowledged that the scope of this note or condition would require the submission of a significant number of Construction Management Plans each year.

The resourcing implications and criteria to establish when a Construction Management Plan should be required is discussed later in this report.

Under General Local Law No. 1 (2015), Part 3, Section 3.3, it is a requirement that an Asset Protection Permit is obtained prior to the commencement of building works. Once a Building Permit has been issued either through Council or through a Private Building Surveyor, Building and Civil Works Unit include the property owner onto the system for an Asset Protection Inspection and notify them of this by letter. Following the inspection a report and invoice is posted to them.

An alternative and practical approach to construction management would appear to be to provide information and a pro-forma Construction Management Plan which encourages those undertaking construction activity to both think about the management of this activity and submit a plan in the weeks prior to the commencement of construction.

A pro forma checksheet could be prepared with an aim to achieve a balance between information to builders on Council requirements and a simple but reasonably thorough checklist for them to complete. Once finalised, it could readily be enclosed with the letter provided to the property owner, or included in the Asset Protection Inspection Request form on Council’s website. A more targeted approach would be to forward it to the building contractor, rather than the property owner, however this would require modified or additional administrative processes.

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Attachment 3

An alternative to requiring CMP’s through Planning Permits

Attachment 1: Planning Policy

4.3

Item: 4.3

P1260/15 – 44 TURNHAM AVENUE ROSANNA – ATTACHMENT PLANNING CONTROLS The following planning controls are relevant to the assessment of application: COMMERCIAL 1 ZONE

•

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

•

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

A planning permit is not required for the use of the land for a Supermarket (Shop) as no maximum leaseable floor area is specified within the schedule to this zone.

However, planning approval is required for buildings and works within this zone.

MIXED USE ZONE The purpose of this zone is: •

To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality.

•

To provide for housing at higher densities.

•

To encourage development that responds to the existing or preferred neighbourhood character of the area.

•

To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone.

A planning permit is required for the use of the land for a Supermarket (Shop) as the leaseable floor area will exceed 150m2. A permit is therefore required for the associated buildings and works (confined to the car park on this portion of the site).

VEGETATION PROTECTION OVERLAY (VPO5) The purpose of this zone is: •

To protect areas of significant vegetation.

•

To ensure that development minimises loss of vegetation.

•

To preserve existing trees and other vegetation.

•

To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance.

•

To maintain and enhance habitat and habitat corridors for indigenous fauna.

•

To encourage the regeneration of native vegetation.

A permit is required to remove, destroy or lop those trees which meet either of the following: •

Has a height of 12 metres or more, or

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Attachment 1

The purpose of this zone is:

4.3

Item: 4.3 •

Attachment 1: Planning Policy Has a trunk or stems that collectively are more than 400mm in diameter, measured at 1400mm above the base of the tree.

The Vegetation Protection Overlay only applies to a small portion of the south eastern part of the site which contains no protected trees. However, the VPO5 covers trees within the Turnham Avenue Road Reserve at the front of the site where two trees are proposed to be removed – trees 2 and 7. Of these trees, tree 2 exceeds 12 metres in height and is therefore protected under this overlay. Tree 7 is less than 12 metres in height and is therefore not protected.

Attachment 1

CLAUSE 52.06 – CAR PARKING The purpose of this clause is: To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

To support sustainable transport alternatives to the motor car.

To promote the efficient use of car parking spaces through the consolidation of car parking facilities.

To ensure that car parking does not adversely affect the amenity of the locality.

To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

A permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. A planning permit is required in this instance as the proposal seeks to reduce the number of on-site parking spaces.

Table 1 of this clause sets out the car parking requirement that applies to a use listed in the table. The table specifies a rate for supermarket of 5 spaces to each 100m2 of leaseable floor area. The proposal includes 2702m2 of leaseable floor area.

The car parking requirements, provision and shortfall are set out in the table below.

Use Supermarket

Spaces required 135 (2702m2 x 5)

Proposed 86

Shortfall 49

CLAUSE 52.07 – LOADING AND UNLOADING OF VEHICLES The purpose of this clause is: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

This clause specifies that: No building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless: •

Space is provided on the land for loading and unloading vehicles as specified in the table below.

•

The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres.

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Page 16

•

The road that provides access to the loading bay is at least 3.6 metres wide. A permit may be granted to reduce or waive these requirements if either:

•

The land area is insufficient.

•

Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.

Floor areFloor area of building Minimum loading bay dimensions 2,600 sq m or less in single Area 27.4 sq m occupation Length 7.6 m Width 3.6 m Height clearance 4.0 m For every additional 1,800 sq m or Additional 18 sq m part A planning permit is not required for the proposed loading bay as it satisfies the above requirements.

CLAUSE 52.34 –BICYCLE FACILITIES Clause 52.34 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

The table below outlines the proposed provision of bicycle parking on site Use Supermarket (Shop) Total

Spaces required 4 (Employees) 5 (Visitors) 9

Proposed 10 8 18

Shortfall 0 0 0

The proposal includes 5 double sided bicycle parking spaces at the rear of the site in the car park and 4 double sided spaces are shown adjacent to the footpath next to the entrance at the front of the site.

POLICIES CONSIDERED STATE PLANNING POLICY FRAMEWORK The following policy is relevant to the assessment of the proposal and is outlined below and expanded on where considered appropriate: Settlement Clause 11.01- Activity Centre policy seeks to build up activity centres as a focus for highquality development, activity and living for the whole community by developing a network of activity centres. Policies on Metropolitan Melbourne also seek to encourage housing affordability and choice, job creation and liveable communities.

Built Environment and Heritage Clause 15.01-1 and 15.01-2 (Urban Design and Urban Design Principles) seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and achieve architectural and

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4.3

Attachment 1: Planning Policy

Attachment 1

Item: 4.3

4.3

Item: 4.3

Attachment 1: Planning Policy

urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

Strategies: Apply the following design principles to development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56:

Attachment 1

Context •

Development must take into account the natural, cultural and strategic context of its location.

•

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

•

A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development.

The public realm • The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced.

Safety •

New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time.

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

Pedestrian spaces • Design of interfaces between buildings and public spaces, including the arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user.

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

•

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

Energy and resource efficiency • All building, subdivision and engineering works should include efficient use of resources and energy efficiency.

Architectural quality • New development should achieve high standards in architecture and urban design.

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•

Attachment 1: Planning Policy Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.

4.3

Item: 4.3

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

Clause 15.01-5 seeks to recognise and protect cultural identity, neighbourhood character and sense of place.

Economic Development The objective under Clause 17.01-1 for commercial activity is to encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

LOCAL PLANNING POLICY FRAMEWORK Municipal Strategic Statement Council’s Municipal Strategic Statement sets the direction for land use and development in Banyule by identifying key planning elements for consideration and nominating a series of objectives and strategies for each. The overarching vision of the Municipality is: Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council.

The relevant objective encompasses Environmental Management.

Commercial Land Use The three main objectives of clause 21.04-2 are outlined below: Commercial Economic Development To support a diversity of viable, high-quality Activity Centres and Neighbourhood Centres offering a range of retail, business, entertainment, community and tourist-related goods, services and employment. Strategies to achieve this objective include: • Reinforce the existing hierarchy of retail and commercial centres in Banyule by allowing the development of existing centres to provide an improved and competitive level of service wherever this is supportable in terms of market (resident) demand and commercial viability.

•

Define a primary retail core for each major centre and discourage the establishment of non-retail uses at ground-floor level.

•

Enhance Banyule’s identified tourist assets.

•

Encourage leisure and entertainment facilities in association with key Activity Centres and Neighbourhood Centres, in particular, the provision of a regional aquatic and leisure centre within the Greensborough Activity Centre.

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Attachment 1

Clause 15.02-1 seeks to encourage energy and resource efficiency.

4.3

Item: 4.3

Attachment 1: Planning Policy

Consolidation of commercial uses

Attachment 1

To consolidate and enhance of the existing role of commercial centres in the municipality.

Strategies to achieve this objective include: • Reinforce the regional status of Greensborough Activity Centre as the main shopping, business and entertainment centre, serving the north-east region of outer metropolitan Melbourne.

•

Encourage businesses to fully utilise existing office space.

•

Encourage larger-scale office development to locate in nominated areas within the Greensborough, Heidelberg and Ivanhoe Activity Centres.

•

Facilitate projects that will support business growth, employment and service delivery.

•

Encourage smaller office development in centres in such a way that retail roles are not fragmented.

Commercial uses outside of Activity Centres To provide appropriate opportunities for business activities outside Activity Centres.

Strategies to achieve this objective include: • Encourage tourism-related businesses based on Banyule’s competitive strengths.

•

Protect residential areas from unsuitable intrusions of non-residential uses that may have a detrimental impact on residential amenity.

•

Encourage residents to work from home where the amenity of the neighbourhood will not be adversely affected.

•

Identify large main road sites that may offer opportunities for new, regional retail functions which cannot be accommodated easily or economically in existing centres.

•

Investigate alternative use or redevelopment of commercial centres which no longer perform a viable retail or service function.

•

Encourage the transition of small, unviable shopping centres to non-retail uses – including office, service business and residential uses – where appropriate.

Built environment The three main objectives of clause 2.06 relevant to the assessment of this application are outlined below: Safe, attractive and high quality built environment To provide a safe, attractive and high-quality built environment. Strategies to achieve this objective include: •

Encourage uniform signage and shop frontage, particularly within strip shopping centres.

•

Encourage high standards of design for buildings, works, signage and landscaping.

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•

…

•

Encourage the viability and enhancing the local character of strip shopping centres.

•

Encourage high quality architecture and urban design.

•

Encourage development to have active frontages and direct pedestrian access to abutting parklands.

•

Ensure that off-site stormwater discharges are controlled.

•

Ensure that off-site waste water discharges are eliminated.

•

Ensure that flood risk and fire hazard are considered in relation to land use and development.

Character and identity To ensure that development respects and contributes to the desired future character of residential neighbourhoods and the identity of Activity Centres and Neighbourhood Centres, in a manner that supports varying degrees of housing change. Strategies to achieve this objective include: •

Work towards undergrounding all telecommunication and electric cables.

•

Encourage residents to care for street trees in consultation with Council.

•

…

•

Encourage the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area.

•

Support the removal of environmental weeds with replacement planting that is consistent with the landscape character of the area.

•

…

Sustainable design To encourage a built form that delivers more environmentally sustainable construction.

Strategies to achieve this objective include: •

Encourage energy and resource efficiency, sustainable transport, pollution reduction, waste management, and improved stormwater quality for building design and site layout, building, infrastructure and landscaping.

•

Minimise the potential impacts of water, air and noise pollution on Banyule’s environment.

•

…

•

Support the retention of significant trees and the planting of trees and other vegetation.

•

Encourage environmentally sustainable design principles in new buildings, works and refurbishments.

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4.3

Attachment 1: Planning Policy

Attachment 1

Item: 4.3

4.3

Item: 4.3 •

Attachment 1: Planning Policy Encourage tree protection and the planting of trees in locations that help to minimise the urban heat island effect by providing shade and shelter for dwellings and public spaces.

Environmentally Sustainable Design

Attachment 1

The overarching objective is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation.

In the context of this policy best practice is defined as a combination of commercially proven techniques, methodologies and systems, appropriate to the scale of development and site specific opportunities and constraints, which are demonstrated and locally available and have already led to optimum ESD outcomes.

Best practice in the built environment encompasses the full life of the build. It is a policy to encourage innovative technology, design and processes in all development, which positively influence the sustainability of buildings. The following objectives should be satisfied where applicable: Energy performance •

To improve the efficient use of energy, by ensuring development demonstrates design potential for ESD iniatives at the planning stage.

•

To reduce total operating greenhouse gas emissions.

•

To reduce energy peak demand through particular design measures (eg. appropriate building orientation, shading to glazed surfaces, optimise glazing to exposed surfaces, space allocation for solar panels and external heating and cooling systems).

Water resources •

To improve water efficiency.

•

To reduce total operating potable water use.

•

To encourage the collection and reuse of stormwater.

•

To encourage the appropriate use of alternative water sources (eg. greywater).

Indoor Environment Quality •

To achieve a healthy indoor environment quality for the wellbeing of building occupants, including the provision of fresh air intake, cross ventilation, and natural daylight.

•

To achieve thermal comfort levels with minimised need for mechanical heating, ventilation and cooling.

•

To reduce indoor air pollutants by encouraging use of materials with low toxic chemicals.

•

To reduce reliance on mechanical heating, ventilation, cooling and lighting systems.

•

To minimise noise levels and noise transfer within and between buildings and associated external areas.

Stormwater Management •

To reduce the impact of stormwater run-off.

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Attachment 1: Planning Policy

4.3

Item: 4.3 •

To improve the water quality of stormwater run-off.

•

To achieve best practice stormwater quality outcomes.

•

To incorporate the use of water sensitive urban design, including stormwater reuse.

•

To ensure that the built environment is designed to promote the use of walking, cycling and public transport, in that order.

•

To minimise car dependency.

•

To promote the use of low emissions vehicle technologies and supporting infrastructure.

Waste management •

To promote waste avoidance, reuse and recycling during the design, construction and operation stages of development.

•

To ensure durability and long term reusability of building materials.

•

To ensure sufficient space is allocated for future change in waste management needs, including (where possible) composting and green waste facilities.

Urban Ecology •

To protect and enhance biodiversity within the municipality.

•

To provide environmentally sustainable landscapes and natural habitats, and minimise the urban heat island effect.

•

To encourage the retention of significant trees.

•

To encourage the planting of indigenous vegetation.

•

To encourage the provision of space for productive gardens, particularly in larger residential developments.

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Attachment 1

Transport

Attachment 2: Rosanna Library car park and footpath remodelling concept plan

Attachment 2

4.3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Attachment 3: Plans

Attachment 3

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Item: 4.3

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Attachment 3: Plans

Attachment 3

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Attachment 1: Attachment 1 - Background information

29 Howard Street GREENSBOROUGH & 2-6 Stubley Court GREENSBOROUGH

Attachment 1

PROPOSAL IN DETAIL

4.4

Item: 4.4

Attachment 1

The proposal incorporates the removal of 30 trees to facilitate the construction of a car park on each property. Details of existing vegetation on the land is as follows:

Tree #

Species

Stubley Court 1 Brachychiton acerifolius 2 Betula pendula 3 Quercus palustris 4 Lagerstroemia indica 5 Fraxinus excelsior 'Aurea' 6 Quercus palustris 7 Pittosporum undulatum 8 Eucalyptus bicostata 9 Ailanthus altissima 10 Corymbia maculata 11 Eucalyptus camaldulensis 12 Eucalyptus camaldulensis 13 Ailanthus altissima 14 Corymbia maculata 15 Grevillia robusta 16 Magnolia grandiflora 17 Nerium oleander 18 Nerium oleander 19 Ailanthus altissima 20 Ailanthus altissima Howard Street 21 Fraxinus angustifolia ssp. angustifolia 22 Fraxinus angustifolia ssp. angustifolia 23 Callistemon sp.

24 Callistemon sp.

25 Callistemon sp.

26 Callistemon sp.

27 Callistemon sp.

28 Acer palmatum

Common Name Illawarra Flame Tree Silver Birch Pin Oak Crape Myrtle Golden Ash Pin Oak Sweet Pittosporum Eurabbie Tree of Heaven Spotted Gum River Red Gum River Red Gum Tree of Heaven Spotted Gum Silky Oak Bull Bay Oleander Oleander Tree of Heaven Tree of Heaven

Height Spread DBH (m) (m) (cm) 8 10 15 5 10 14 9 16 10 16 12 12 12 17 15 6 4 5 7 16

3 5 12 3 14 14 9 16 8 8 4 8 12 10 10 5 2 3 8 13

Desert Ash

9

Desert Ash Bottlebrush Bottlebrush Bottlebrush Bottlebrush Bottlebrush Japanese Maple

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Retention Rating

SRZ (m)

TPZ (m)

23 28 50 20 50 60 45 110 38 40 40 49 32 70 58 17 20 30 30 50

Low Remove High Remove Low High Remove (weed) High Remove (weed) High Poor Poor Remove (weed) High Medium Low Street tree Street tree Remove (weed) Remove (weed)

1.8 1.9 2.5 1.7 2.5 2.7 2.4 3.4 2.2 2.3 2.3 2.5 2.1 2.8 2.6 1.6 1.7 2.0 2.0 2.5

2.8 3.4 6.0 2.4 6.0 7.2 5.4 13.2 4.6 4.8 4.8 5.9 3.8 8.4 7.0 2.0 2.4 3.6 3.6 6.0

8

31

Street tree

2.0

3.7

9

11

40

Street tree

2.3

4.8

5 5 6 6 6 4

3 2 3 3 2 4

15 15 15 15 20 10

Low Low Low Low Low Low

1.5 1.5 1.5 1.5 1.7 1.5

2.0 2.0 2.0 2.0 2.4 2.0

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4.4

Item: 4.4

29 30 31 32 33

Callistemon sp.

Callistemon sp.

Callistemon sp.

Lophostemon confertus Lophostemon confertus

Attachment 1: Attachment 1 - Background information

Bottlebrush Bottlebrush Bottlebrush Brush Box Brush Box

6 5 5 9 6

4 3 6 5 4

25 20 20 33 24

Low Low Low Medium Low

1.8 1.7 1.7 2.1 1.8

3.0 2.4 2.4 4.0 2.9

Trees 3, 5, 6, 8, 10-15 and 20 are protected by the Vegetation protection Overlay which affects 2-6 Stubley Court. The proposal incorporates the removal of all but Trees 2, 13 and 14 from the Stubley Court properties and all vegetation from the Howard Street property.

PLANNING CONTROLS IN DETAIL ACTIVITY CENTRE ZONE SCHEDULE 1

Attachment 1

The land use and development objectives to be achieved by the Zone include:

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Attachment 1: Attachment 1 - Background information

Landscaping •

To create a greener Greensborough by providing landscaped spaces, plazas and other open spaces within and around the Activity Centre.

•

To ensure landscaping is integrated with the design of the development and complements the landscaping of any adjoining public realm.

•

To ensure development is well landscaped, including canopy trees where possible.

4.4

Item: 4.4

•

To promote a safe, convenient and sustainable traffic and transport network that assists walking, cycling and public transport use and maximises mobility for all.

•

To ensure the design of parking and access areas is safe, practical, easily maintained and allows for use of car parking space for multiple purposes.

•

To design any car parking within the centre to facilitate its use for multiple purposes throughout the week.

•

To improve directional signage and way finding measures for users of the activity centre.

•

To ensure key community nodes and Key Pedestrian Areas have good access to sunlight, weather protection and clear pathways which link elements throughout the activity centre.

Whilst a planning permit would ordinarily be required to use the land for a Car Park, Clause 4.1 to Schedule 1 of the Activity Centre Zone provides that “A permit is not required to use land for the purpose of Local Government providing the use is carried out by, or on behalf of, the public land manager.” The use of the land for a car park in association with the Activity Centre is consistent with the role of Local Government as outlined by the Local Government Act 1989, and with the objectives of the Zone.

No planning permit is required for works associated with the car park pursuant to the Zone, as the development is to be conducted by Council and the cost of works is less than $1 million.

VEGETATION PROTECTION OVERLAY A planning permit is required to remove, lop or destroy trees on the Studley Court properties which have a height of 12m or more and a trunk circumference of more than 400mm. A planning permit is required for the proposed removal of Trees 3, 5, 6, 8, 10-12, 15 and 20.

REFERRAL COMMENTS DEVELOPMENT PLANNING ARBORIST Council’s Development Planning Arborist has advised that, of the trees of high retention value that are nominated for removal, Tree 3 is the most appropriate to retain, given existing site conditions and its ability to withstand the proposed construction.

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Attachment 1

Transport and access

Attachment 2: Attachment 2 - Advertised plans

Attachment 2

4.4

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Attachment 2: Attachment 2 - Advertised plans

Attachment 2

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Attachment 2: Attachment 2 - Advertised plans

Attachment 2

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Attachment 2: Attachment 2 - Advertised plans

Attachment 2

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Attachment 2: Attachment 2 - Advertised plans

Attachment 2

4.4

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Attachment 1: Draft Banyule Surveillance Policy

4.5

Item: 4.5

Attachment 1

Surveillance in Public Places POLICY Banyule City Council

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4.5

Item: 4.5

Attachment 1: Draft Banyule Surveillance Policy

Contents DEFINITIONS 1

Policy Definitions ................................................................................................. 3

PURPOSE AND OBJECTIVES.................................................. 3

Attachment 1

2 3

Purpose ................................................................................................................. 3 Objectives ............................................................................................................. 4

SCOPE ...................................................................................... 4 4

Scope of Policy..................................................................................................... 4

POLICY ..................................................................................... 4 5 6 7 8 9 10 11 12 13 14

Network Principles ............................................................................................... 4 Decision to Implement surveillance systems .................................................. 5 Documentation of Management Systems.......................................................... 6 Requests for Digital Images / Footage............................................................... 7 Standard Operating Procedures and Training ................................................. 7 Signage ................................................................................................................. 8 Collection of Surveillence Data .......................................................................... 8 Privacy................................................................................................................... 8 Inappropriate Use and Complaint Management................................................ 8 Governance Evaluation and Monitoring ............................................................ 9

RELATED DOCUMENTS .......................................................... 9 15 16 17

Council Documents ............................................................................................. 9 Legislation ..........................................................................................................10 Other Reference Material...................................................................................11

RESPONSIBILITY ....................................................................11 18

Responsible Officer ...........................................................................................11

REVIEW ...................................................................................11 19

Requirement to Review Policy..........................................................................11

APPENDIX 1 – Human Rights Charter – Assessment of Compatibility……………………….12

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DEFINITIONS Policy Definitions CCTV Surveillance records/footage Steering Committee System

Council Council Audit & Risk Committee

Department of Justice’s Guide FOI IPP Public place

Closed circuit television.

Any information that is recorded or unrecorded that is taken from a surveillance system including any data, still images or moving images.

The committee established by Council to oversee the operation of a system.

A surveillance system in which a number of cameras are connected through a closed circuit. The footage taken by the cameras is sent to a television monitor or recorder.

These systems consist of cameras, monitors, recorders, interconnecting hardware and support infrastructure.

Banyule City Council The Council committee for the ongoing management of systems. A function of the committee will be to uphold the integrity of Council systems and ensure they operate within this policy Guide to Developing for Public Safety in Victoria, Department of Justice, August 2011 Freedom of Information (in reference to the Freedom of Information Act 1982 (Vic)) Information Privacy Principles (from Schedule 1 of the Information Privacy Act 2000 (Vic)) Any place to which the public has access as of right or by invitation, whether expressed or implied and whether or not a charge is made for admission to the place.

Attachment 1

1

Attachment 1: Draft Banyule Surveillance Policy

4.5

Item: 4.5

A public place relevant to Council can include, but is not limited to, public streets, public malls, shopping centres, Council car parks, open space parks or reserves; Council managed public buildings or areas.

PURPOSE AND OBJECTIVES 2

Purpose The purpose of this Policy is to assist Council to regulate the operation and management of Council-owned surveillance systems which have been (or which in the future may be) installed for use in public places.

The Policy enables Council to fairly, appropriately and reasonably perform its functions and exercise its powers in connection with public place surveillance throughout the Banyule municipality.

Amongst other relevant material, the Policy takes account of (and acknowledgement is given to) the Victorian Ombudsman’s Guidelines for developing Closed Circuit Television policies for Victorian Public Sector Bodies, November 2012.

The Policy will be freely available to Council staff and the public generally by being included on Council’s Internet website and a hard copy can be provided on request.

As well as being a general Policy document, the Policy includes the detail of Council’s audit and evaluation mechanisms and its complaint handling process. The Policy is intended to act as a code of practice for Council staff. Additionally, those members of Council staff working with Council systems will be expected to undertake their duties in accordance with the Policy.

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4.5

Item: 4.5 3

Attachment 1: Draft Banyule Surveillance Policy

Objectives The objectives of this Policy are: • • • •

To ensure that systems are installed for a lawful and proper purpose that has the benefits of increasing safety and security for people in Banyule and/or allow for Council function use To ensure Council systems are compliant with relevant legislation and other laws; To ensure that management of records/footage is appropriate, including in relation to use, retention, security, privacy, access, disclosure, storage and disposal; and To ensure there is appropriate and ongoing monitoring and evaluation of systems

Attachment 1

SCOPE 4

Scope of Policy This policy applies to all Council-owned systems installed in public places that have the purpose of public surveillance. They will be located in general public areas or Council managed buildings.

The Policy does not apply to surveillance systems used by Council where public access is restricted. The Policy does not apply where surveillance is for council operations for its own assets, such as Waste Truck operations and road and pathway condition reports. However, any incidental footage captured by this surveillance that is requested through a formal channel, e.g., Victoria Police, is included in the scope of this policy The Policy also does not apply to systems that are used by Council staff or its contractors for drainage inspections.

POLICY

5

Network Principles Council surveillance systems will be operated and managed in accordance with the following principles: • • • • •

All aspects will be operated and managed with integrity and will be compliant with the all relevant legislation, standards, codes and guidelines as outlined in this Policy and otherwise in force from time to time; All aspects will be operated and managed with due regard to the privacy and respect for the human rights of individual members of the public; Monitoring and access to surveillance records/footage will be controlled and managed in accordance with operating procedures of each system; Each system will be regularly monitored and evaluated to ensure that the purposes and objectives of each system are being achieved; and The public will be provided with clear and easily accessible information in relation to existing unmanned surveillance systems, including processes to request or to view surveillance records/footage.

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6

Attachment 1: Draft Banyule Surveillance Policy

Decision to Implement surveillance systems Council will, in making decisions affected by this Policy, utilise and take into account all relevant material, including the Department of Justice’s CCTV Guide, in the development and implementation of a system.

4.5

Item: 4.5

Any decision to implement a new (or retain an existing) Council-owned system will be assessed based on meeting the following categories: •

To improve actual and perceived levels of safety;

•

To reduce levels of graffiti and other forms of vandalism;

•

To reduce anti-social behaviour e.g., the surveillance may have a preventative effect, or Council can use it to respond strategically to issues

•

To reduce incidents of serious criminal offences and/or

•

To reduce illegal behaviour such as rubbish dumping, or damage to Council property

•

To improve Council’s facility supervision

•

To monitor levels of activity at Council’s facilities

•

Contractor monitoring at Council’s facilities

Criteria: •

Council owned land, or

•

assess capacity for landowner to install where private property faces on to Council land;

•

Meets legislative requirements;

•

Meets cost benefit analysis;

•

Fits in with councils broader strategic objectives for that site;

•

Broader community safety and/or crime prevention initiatives are in place or planned for this site to complement

•

It benefits the broader community rather than individuals

•

Needs and priorities have been considered and compared to other sites in Banyule

Supporting evidence •

Expert advice

•

Qualified statistical data specific to the site and/or

•

Council requests through its Customer Records Management (CRM) system

Operating management responsibility •

The ownership is determined to be council

•

Where Police access and monitor data, a written agreement is put in place with Council and Victoria Police about roles and accessing footage, or where an external company access and monitor data, a licence agreement is in place.

The relevant use must be specifically stated for each system and such use must be in accordance with the IPP 1: Collection (Information Privacy Principles from Schedule 1 of the Privacy & Data Protection Act 2014. In accordance with IPP 2, any use for a purpose other

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Attachment 1

Purpose:

4.5

Item: 4.5

Attachment 1: Draft Banyule Surveillance Policy

than the primary purpose must be precluded or limited to exceptional circumstances, as determined by Council and in accordance with the legislation.

Council will consult with its community, the wider public and other relevant stakeholders prior to establishing a fixed surveillance system. The Victoria Police will be specifically consulted where the purpose of a surveillance system in a public place is to manage high crime locations and matters of public order or safety. Council will otherwise consult with such other stakeholders as required in relation to the performance of a particular function. This may include utility companies, private property owners and local traders.

The use of mobile cameras will not be subject to external consultation however they will be installed with signage to inform the community that they are there.

Attachment 1

Council-owned systems will only be used as part of a range of strategies to improve community outcomes in that space, e.g., a public awareness campaign.

7

Documentation of Management Systems In most cases, Council systems in public places will be owned, installed and maintained by Council. The responsibility for the operation and monitoring of the system will typically be by the Victoria Police, a private contracting company or a nominated member of Council staff.

Council owned with Victoria Police operating and monitoring Where Victoria Police have direct access to view or download footage for a Council owned system, Council and Police will have an agreement to share footage as required and where it complies with legislation Externally operated and monitored Where a Council system is operated and monitored by a private contracting company, Council will enter into a Licence Agreement (or similar type of agreement) that will cover the key considerations listed above.

Council operated and monitored systems Where a Council system is operated and monitored by Council, Council will prepare a Standard Operating Procedures Manual for each system that will cover the following: •

Confirmation that it meets the requirements section 6 of this Policy “Decision to implement surveillance systems:

•

Camera locations including number of cameras within one system

•

Technical data including installation date, product specifications, manufacturers details, warranty information, technical drawings,

•

Hours of operation

•

purpose of system e.g. main function is Local Laws

•

Type of monitoring – active, passive or retrospective (determined by the purpose)

•

Maintenance – schedule, responsibility and budget

•

Authorised users: nominated positions for operation, extraction, viewing, storage and analysis of the data. Images/footage recorded is only able to be downloaded, viewed, copied and managed by the authorised officers.

•

Training for operators of the system

•

Data retention – recording should be kept for a minimum of 30 days and all retention schedules longer than this will be recorded here. Where a Freedom of Information (FOI) request is made prior to deletion of data, the data will be retained longer than the 30 days where possible, while waiting for a formal request/subpoena to arrive.

•

Data that is used for evidential purposes will be securely stored and password protected limiting access to approved and authorised officers only.

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Attachment 1: Draft Banyule Surveillance Policy •

8

Incident response – this will detail the responsibilities of reporting incidents that are viewed on footage whether related to its main function or outside of main function, e.g. crimes recorded and viewed must be referred to police

4.5

Item: 4.5

Requests for Digital Images / Footage Banyule City Council is committed to ensuring the right to privacy of individuals is respected and honoured. This document is intended to ensure the privacy of individuals undertaking lawful activity is protected and to govern the manner in which data collected through the operation of this system is maintained.

•

An individual captured in the footage

•

An authorised Police member in relation to an offence or suspected offence

•

An external Enforcement agency where an exemption under the Information Privacy Act 2000 applies or a Court Order via Subpoena

Access to CCTV footage will only be considered for the above if one of the following authorised conditions is met: •

There is a foreseeable threat to Council property or staff (active viewing);

•

It is required as a preventative measure to dissuade or arrest anti-social or criminal behaviour (active viewing);

•

It is used to monitor and enhance delivery of a Council service. (active viewing);

•

Where damage to council property or injury to Council staff, visitors, members of the public has occurred (passive review of incidents);

•

Where evidence is required in which to investigate or prosecute a suspected or alleged crime (passive review); or

•

Where otherwise authorised by law, such as a Freedom of Information request (FOI) or Subpoena

The decision as to whether access to footage is approved under the above authorised conditions can only be made by a Council authorised officer.

All other requests will require an application for a Freedom of Information (FOI) request.

Information on FOI applications can be found on Council’s website or by calling Council on 9490 4222.

Footage provided to an agency by Banyule City Council will be managed in accordance with relevant legislation and standards.

9

Standard Operating Procedures and Training When a new system is installed, Council will provide the operators of the system with the required training and support to accompany the Standard Operating Procedures Manual.

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Attachment 1

Digital images/footage captured will only be made available to the following external parties:

Attachment 1

4.5

Item: 4.5 10

Attachment 1: Draft Banyule Surveillance Policy

Signage Council will advise the community by installing appropriate signage to indicate that they are in an area of a system where they may be observed or recorded. Signage will be placed so as to comply with relevant Australian Standards in force from time to time and will comply with the following requirements:

11

•

Signs will be placed at each main access to the coverage area where the members of the public are reasonably entitled to use and be monitored;

•

Signs will be prepared so as to be easily understood by members of the public, including people who are from non-English speaking backgrounds. Signs will include a mix of text and symbols;

•

Signs will be clearly visible, distinctive and located in areas with good lighting, placed within normal eye range and large enough so that any text can be read easily;

•

Signs will identify Council as the owner of the system;

•

Signs will include details of who to contact for any queries about the system; and

•

Signs will be checked regularly for damage and theft, and replaced where required.

Collection of Surveillance Data Council will ensure that its record keeping practices comply with the Public Records Office Standards for the management of public records, Public Records Office Specifications and the Public Records Act 1973 (Vic). In general, camera footage is temporary and may be destroyed when any relevant administrative use has concluded.

Where footage has been provided to a third party (e.g. Victoria Police) it will be the third party’s responsibility to retain the records/footage in accordance with the disposal authority that covers their agency’s functional responsibilities.

12

Privacy Council will balance the need for surveillance against the right for privacy of members of the public. Council staff that use surveillance systems are required to act responsibly and consider the reasonable expectations of the privacy of individuals. All Council staff that use surveillance systems will undertake the training on privacy and understand the contents of this Policy, including the legislative requirements to ensure that the requirements of privacy are understood.

Information gathered by Council as a result of a system will only be shared with its staff on a need to know basis and in line with Council’s Privacy Policy.

13

Inappropriate Use and Complaint Management Council staff who work with surveillance systems are to comply with the requirements of this Policy. Where a Council staff member is in breach of this Policy, there will be an internal review and appropriate action will be taken.

Any public complaints in relation to any aspect of a system relating to Council must be made in writing to: Banyule City Council PO Box 51 Ivanhoe 3087 Or enquiries@banyule.vic.gov.au Any member of the public that is dissatisfied with the outcome of their complaint to Council also has the right to complain to the Victorian Ombudsman using the following contact details:

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Attachment 1: Draft Banyule Surveillance Policy

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Victorian Ombudsman Level 9, 459 Collins Street (North Tower) Melbourne Victoria 3000 Email: ombudvic@ombudsman.vic.gov.au Phone: (03) 9613 6222

14

•

Representative of Victoria Police;

•

Officer in Charge for the Police station

•

Victoria Police Professional Standards Command; or

•

(Assuming jurisdiction) The Independent Broad-Based Anti-Corruption Commission.

Governance Evaluation and Monitoring Council will establish a Surveillance Policy Steering Committee that is chaired by a Council representative and will be responsible to oversee the implementation of this Policy and its ongoing management; The first rigorous evaluation of a new system will occur between 12 and 18 months following the full commissioning of the system.

The Surveillance Policy Steering Committee has the responsibility to uphold the integrity of Council surveillance systems. The Surveillance Policy Steering Committee will be responsible to: •

Report on the management of systems;

•

Ensure adherence to the Standard Operating Procedures and , Council policies and the law;

•

Promote public confidence in systems by ensuring its operations are transparent and subject to public scrutiny; and

•

Make recommendations to improve the integrity of systems.

RELATED DOCUMENTS 15

Council Documents This Policy is supplemented by a number of Council documents that relate to surveillance systems that include, but are not limited to, the following: •

Standard Operating Procedure Manuals developed for various surveillance systems; Operations and maintenance manuals developed for various systems;

•

Council’s Privacy Policy ; and

•

Council’s Corporate Information Management Policy

•

Register of Councils surveillance systems

The implementation of Council surveillance systems supports the objectives, role and functions of Council under the Local Government Act 1989 (Vic) and the goals and objectives of the following Council strategic documents: •

Council Plan 2013-2017

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Attachment 1

Any complaints that are made by members of the public to Council relating to the policies and procedures of Victoria Police or to members of Victoria Police may be referred to the:

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Legislation Council surveillance systems are to be operated and managed in accordance with all relevant Commonwealth and State legislation. The list below is not complete and is a guide only because legislation continually changes and new legislation is continually being applied.

State of Victoria Privacy & Data Protection Act 2014

Attachment 1

Attachment 1: Draft Banyule Surveillance Policy

Public Records Act 1973

Private Security Act 2004

Charter of Human Rights and Responsibilities Act 2006 (the Charter)

Freedom of Information Act 1982 Evidence Act 2008

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Regulates the collection, use and disclosure of ‘personal information’ (other than health information) about individuals, including -captured information that is recorded and which a person is potentially identifiable. This legislation is to be considered when determining: • How to protect privacy of individuals.

• How to protect information which may confirm the identity of an individual, for example vehicle licence plates.

• How records are to be disclosed in accordance with the Information Privacy Principles from Schedule 1 of the Act. • How footage will be protected from misuse, loss, unauthorised access, modification and disclosure.

Provides requirements for the capture, access to, control, records management, storage and disposal of information. This legislations is to be considered when determining: • The circumstances records/footage is considered a public record.

• How long public records must be kept.

• How public records must be maintained.

• How public records are to be disposed of.

Provides a requirement of being granted a private security licence on the successful completion of training in relation to each activity for which the licence is granted. This legislation is to be considered to ensure Council’s employees and contractors acting as a control room operator or monitoring meet the licensing requirements.

Makes it unlawful for public authorities to act in a way that is incompatible with human rights listed in the Charter, including the right not to have privacy arbitrarily interfered with. Requires any interference (such as through surveillance, recorded or unrecorded) to be demonstrably justifiable.

Provides the community with the right to request information about the activities of Council, including records/footage.

Establishes the legal standard for the admissibility of evidence including records/footage.

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Attachment 1: Draft Banyule Surveillance Policy

Other Reference Material Council will ensure that their surveillance systems are operated and managed in accordance with all relevant industry standards and guidelines including, but not limited to: •

Victorian Ombudsman’s Guidelines for developing Closed Circuit Television policies for Victorian Public Sector Bodies, November 2012.

•

Guide to Developing CCTV for Public Safety in Victoria, the Department of Justice, August 2011;

•

AS4806 Set-2008 Australian Standard Closed circuit television (CCTV) Part 4: remote video;

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•

Surveillance in Public Places, Final Report 18, the Victorian Law Reform Commission, May 2010; and

•

Privacy Information Sheet 03.12, Privacy Victoria, March 2012.

RESPONSIBILITY 18

Responsible Officer To be reviewed

REVIEW 18

Requirement to Review Policy To be reviewed

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Attachment 1

•

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Attachment 1: Draft Banyule Surveillance Policy

Appendix 1

HUMAN RIGHTS CHARTER – ASSESSMENT OF COMPATIBILITY In accordance with section 28 of the Charter of Human Rights and Responsibilities, this statement of compatibility is made with respect to Banyule City Council’s Surveillance in Public Places Policy

Attachment 1

This Policy is compatible with the human rights protected by the Charter.

Objectives Banyule’s Surveillance in Public Places Policy has been developed to apply to all surveillance systems operating within Banyule. The policy is based on the Victorian Ombudsman’s Closed Circuit Television in Public Places Guidelines – November 2012.

Human Rights Assessment What human rights are impacted?

Will any person feel their rights are limited and why?

What are the interests you have to balance?

Is the limitation reasonable?

What practical solutions are available to reduce the limitation? If a limited right is not reasonable, ensure comment made that the document was amended so the right is either not limited or reasonably limited.

1

Yes. Persons captured on CCTV footage may feel that being filmed is an invasion of their personal privacy and would be concerned about how the footage will be used and by whom.

Protection of personal privacy needs to be balanced against the community’s expectation of Council to deliver on its City Plan priorities

Limitation is reasonable as the whole purpose of the policy is to ensure the safeguard of personal privacy and the handling of personal information.

The policy puts in place protections for the capture, access, storage and retention of the CCTV to mitigate any breaches of privacy. Access will only be available for lawful usage.

A right to Privacy and Reputation

The City Plan 2013 – 17 key directions that surveillance can positively impact include -

-

-

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develop and promote, safety and resilience in the community, avoid waste generation, and deliver best value services and facilities

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Attachment 1: Safe Schools Program - Senator James Mcgrath

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Attachment 2: Safe Schools Program - Bill Shorten

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Attachment 2: Safe Schools Program - Bill Shorten

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Attachment 3: Safe Schools Program - Senator Carol Brown

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Attachment 4: Safe Schools Program - Senator Marise Payne

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Attachment 5: Safe Schools Program - Department of Education and Training (on behalf of the Minister for Education and Training and the Minister for Social Services)

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Attachment 6: Safe Schools Program - Tanya Plibersek MP

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Attachment 6: Safe Schools Program - Tanya Plibersek MP

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Attachment 7: Safe Schools Program - Senator Sarah Hason-Young

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Attachment 8: Safe Schools Program - Senator Ricky Muir

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Attachment 9: Safe Schools Program - Senator Eric Abetz

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Attachment 10: Safe Schools Program - Warren Truss MP

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Attachment 10: Safe Schools Program - Warren Truss MP

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Attachment 10: Safe Schools Program - Warren Truss MP

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Attachment 10: Safe Schools Program - Warren Truss MP

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Attachment 11: Safe Schools Program - Senator Glen Lazarus

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Attachment 12: Safe Schools Program - Clive Palmer MP

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Attachment 13: Safe Schools Program - Senator Fiona Nash

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Attachment 14: Safe Schools Program - Senator Claire Moore

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Attachment 15: Safe Schools Program - Julie Owens MP

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Attachment 16: Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016

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Attachment 16: Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016

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Attachment 16: Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016

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Attachment 16: Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016

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Attachment 16: Banyule Environmental Banyule Environmental Advisory Committee (BEAC) Meeting Notes June 2016

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Attachment 1: Proposed Planning and Subdivision Fee Changes

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Attachment 1: Proposed Planning and Subdivision Fee Changes

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Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

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Submission by Banyule City Council with respect to the proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

Feedback in relation to the specific items outlined in page 14 of the RIS is as follows: The proposed fees seek to recover the full cost to councils (on average), however fees for permits related to single dwellings and low value developments are set below the full cost recovery level. Is it reasonable to apply discounts for these applications? Is the size of the proposed discount appropriate? Are the development value thresholds at which they are proposed appropriate? Please explain your views.

Council supports the setting of fees at a level which will generally provide full cost recovery to councils, so as to result in a more equitable funding of the planning system. However, due to relatively high the cost of providing this service for smaller matters when compared to the cost of the development proposed, it is considered that discounts should be provided for single dwellings up to $1 million in value (rather than $2 million as currently proposed) and low cost developments. Council is of the view that the $186 fee represents an appropriate discount. However, a greater discount should be provided for low cost “other” developments, and would suggest: •

That a fee of $186 be applied to development up to $10,000 across all categories;

•

That consideration be given as to what is an appropriate fee for “other” development with a value of $10,000 $100,000 (currently no fee is indicated)

It is considered that this represents a more equitable approach to the provision of a discount, and will result in lower instances of items such as signage being erected without the requisite planning permit.

The proposed fees for applications for subdivision permits introduce a fee based on the number of lots to be created. As the data collected on subdivisions had only a small number of applications for permits with more than 100 lots, the department has relied on the advice of councils from the stakeholder reference group to propose a

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Council supports the submission of the Municipal Association of Victoria in relation to this matter, noting that it currently does not receive a significant number of applications exceeding 100 lots.

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Attachment 2

Council welcomes the review of the planning and subdivision fees as outlined in the Regulatory Impact Statement, and is supportive of a user-pays system with some subsidies for single dwellings. Council would suggest that this subsidy also be extended to businesses and others conducting small-scale development.

Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

fee for 100 lot increments. Is this reasonable? Please explain your views.

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In recognition that VicSmart offers a streamlined permit decision process, the proposed planning regulations include new fee categories for VicSmart applications.

These are for VicSmart permits: •

for use or development up to $10,000 in value, including non-monetary value applications. This fee category is set at around 50 per cent of the actual cost to councils; and

•

for developments over $10,000 for which the fee is set to recover the full cost.

Council supports the discounting of fees for simple and low-value applications, and the provision of a step in fees at a development cost of $10,000 is considered to be appropriate.

Bearing in mind that currently VicSmart permits only relate to low impact application, including minor building or works of up to $50,000, as well as some small subdivision matters, are these categories appropriate?

The proposed fee for each satisfaction matter is $300. What impact would this have if there are a large number of satisfaction matters (e.g. conditions on a permit) or the same matter is considered at different stages of the development? Please explain your views.

Council supports the submission of the Municipal Association of Victoria that this matter requires clarification. To date Council has not been in the practice of charging applicants a fee for matters requiring its satisfaction pursuant to a permit condition, save for the consideration of amended plans under ‘secondary consent’ and requests for extension of time to permits. The consideration and consent of matters pursuant to sections of the Planning Scheme and to permit conditions represents a significant amount of work which is currently not funded directly by the permit applicant. However, it is understood that there are a number of interpretations of the application of the regulation amongst councils.

Council supports the quantum of the fee outlined, and is of the view that a satisfaction fee is most appropriately charged on a per-condition, rather than permatter basis. The requirement to provide a fee, including discretion to require payment of an additional fee where matters are not adequately addressed upon initial submission would assist in ensuring that permit applicants provide appropriate documentation at the outset.

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Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

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Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

Under regulation 8 of the Subdivision (Fees) Interim Regulations 2015 (fee for supervision of works), a council or referral authority may charge a fee of up to 2.5 per cent of the estimated cost of constructing the works when they supervise the construction of works. Is the level of this fee appropriate? Is it likely to over-recover costs? Please explain your views.

Attachment 2

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The proposed Regulations retain the current approach to fee waivers and rebates; that is councils may only provide waivers or rebates in limited, defined circumstances and will not have a general discretion to charge a lower fee. Where the department believes there is a basis for some fee categories to be set at less than full cost recovery to reflect considerations of ability to pay, these are included within the proposed fee schedules, rather than in the ability of councils to reduce fees, to ensure that the approach to affordability is applied consistently across the state. Do you agree with the approach?

Council supports the retention of a fee for supervision of subdivision works of up to 2.5% of the cost of works, however would submit that: •

It may be appropriate to provide some guidance as to where a lower requirement may be appropriate, or to provide for payment in two or more stages. Council currently experiences a range of costs in supervising works, which is based upon the number of times staff are required to attend the site and is not always reflective of the cost of development.

•

For councils in established areas, the majority of works being supervised relate to the construction of multi dwelling developments ahead of any approval to subdivide the land. In these circumstances there is no mechanism for council to recover the costs associated with the supervision of works. This represents an inequity based upon the timing of lodgement of a subdivision application, and it is submitted that some consideration of these factors should be considered in a review of the planning and subdivision fees.

Council supports the approach outlined in the proposed Regulations.

In addition Council would provide the following: Fees for multiple simultaneous requests •

Retention of the current system of charging 50% of the scheduled fee for applications seeking both use and development approval is considered to be appropriate. Council would support this also extending to include satisfaction matters (eg. a combined application for use of land, development at a cost of $250,000 and consent under Clause 52.06 having a fee of $2182.50, being $1425 plus half of $1213 and half of $300).

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•

Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

In consideration of the nature of assessment of joint applications for planning scheme amendments and planning permits, it is considered that the discounting of the permit application fee by 50% is not appropriate.

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Fees for planning scheme amendments

•

Council supports the use of the number of submissions as a mechanism for determining fees associated with a planning scheme amendment. Whilst pro-forma submissions may result in a narrower set of issues to be addressed, each submission needs to be addressed, which requires officer time.

•

Council considers that the provision of pre-lodgement fees, or higher fees prior to public exhibition of an amendment would be appropriate in order to ensure a truly user-pays system, and that as such Fee Option 2 is preferable to Option 3. For example:

•

o

Council has been conducting ongoing discussions with an owner of a specific parcel of land, with a view to rezoning the land. To date, these discussions have utilised in excess of 50 hours of officer time, however no amendment request has been lodged. This represents a significant cost burden on council which will not be recouped if the proponent decides not to proceed.

o

Some agency-led amendments may not result in significant numbers of submissions, but raise complex issues which are time consuming to assess.

As the purpose of the changes in the fees is to ensure that local government is appropriately funded in a user-pays model for its planning functions, the fees charged to local government should not rise as a result of the proposed fee increases.

Other requests •

Council supports the setting of a fee as anticipated by section 178A(2)(c) of the Planning and Environment Act 1987. Council has received a number of requests in the previous 12 months, and our experience is that consideration of such a request is similar in terms of work involved to a request to vary or remove a restrictive covenant, and would submit for the purposes of ensuring a use-pays system, and also for a simplification of the fee structure, a corresponding fee of 89 fee units ($1,213) should be applied.

•

Council’s experience is that a request for a Certificate of Compliance involves significantly more work than the 2.5 hours anticipated within the RIS, and that officer time taken is similar to an application for a planning permit for Change of Use. Requests also often necessitate Council obtaining specialised legal advice. It is suggested that a fee of 89 fee units ($1,213) should be applied, as being both reflective of the work involved for council and providing a more simplified fee structure for users.

Subdivision fees Council would support combining the Statement of Compliance fee with the Certification application fee, so as to minimise administrative costs to both applicants and councils.

Service improvements The increase in planning fees foreshadowed by the RIS would allow Council to implement a number of service improvements, including:

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Attachment 2

Council generally supports the submission of the Municipal Association of Victoria in relation to fees for planning scheme amendments, with the following additional comments:

Attachment 2

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Attachment 2: Submission on Proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations

•

Further developing the ability for planning applications to be lodged online and a shift towards electronic processing of applications. This has the potential to save applicants both time and money in the processing of applications.

•

An ability to provide more targeted pre-application advice to clients through the appointment of additional staff.

•

The provision of more support staff so as to reduce administrative delays in the planning process.

•

The provision of additional resources to areas of Council directly impacted by planning and subdivision applications. This may include engineering services, supervision of works, and enforcement.

Fee expiry and review Council supports a continued review of fees, and in particular completion of the review and publication of new fees well in advance of the proposed 2026 expiry of the fees currently being considered.

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