KNOX CITY COUNCIL...Cr S McMillan Dobson Ward Cr A Walter Friberg Ward Cr D Cooper Scott Ward Cr D...

KNOX CITY COUNCIL MINUTES

Ordinary Meeting of Council

Held at the Civic Centre

511 Burwood Highway Wantirna South

On

Tuesday 27 March 2012

KNOX CITY COUNCIL

MINUTES FOR THE ORDINARY MEETING OF COUNCIL HELD AT THE CIVIC CENTRE, 511 BURWOOD HIGHWAY, WANTIRNA SOUTH

ON TUESDAY 27 MARCH 2012 AT 7.01 P.M.

PRESENT:

Cr A Gill (Mayor & Chairperson) Dinsdale Ward Cr P Cole Baird Ward Cr J Mortimore Chandler Ward Cr J Cossari Collier Ward Cr S McMillan Dobson Ward Cr A Walter Friberg Ward Cr D Cooper Scott Ward Cr D Pearce Taylor Ward Cr M Van de Vreede Tirhatuan Ward Mr G Emonson Chief Executive Officer Dr I Bell Director – Engineering &

Infrastructure Mr A Kourambas Director - City Development Mr M Dupe Director – Corporate Development Ms K Stubbings Director – Community Services

THE MEETING OPENED WITH A STATEMENT OF ACKNOWLEDGEMENT, A STATEMENT OF COMMITMENT AND A PRAYER

“Knox City Council acknowledges we are on the

traditional land of the Wurundjeri and Bunurong people and pay our respects to elders both past and present.”

COUNCIL 27 March 2012 BUSINESS: Page Nos. 1. APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE Nil 2. DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Section 79 of the Local Government Act 1989 (the Act),

Councillor Van de Vreede declared an indirect interest pursuant to Section 78 of the Act in Item 8.1 on the grounds that a family member is employed in the Preschool system and could be affected by the outcome.

3. CONFIRMATION OF MINUTES

MOVED: CR. COOPER SECONDED: CR. McMILLAN 3.1 Confirmation of Minutes of Ordinary Meeting of Council

held on Tuesday 28 February 2012 CARRIED

MOVED: CR. COOPER SECONDED: CR. McMILLAN 3.2 Confirmation of Minutes of Strategic Planning Committee

Meeting held on Tuesday 13 March 2012 CARRIED

4. PETITIONS AND MEMORIALS 4.1 Councillor Cole presented a petition with 34 signatories requesting that

planning Application No. P2011/6618 to develop the land at 196 Boronia Road, Boronia be rejected.

The Petition lay on the table.

5. REPORTS BY COUNCILLORS

5.1

Committees & Delegates

1.

5.2

Ward Issues

3.

COUNCIL 27 March 2012 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP

6.1

All Wards Report Of Planning Applications Decided Under Delegation (160/1/06)

5.

6.2

Tirhatuan Ward Application To Use And Develop The Land For Materials Recycling, Business Identification Signage, Dispensation Of Car Parking And Alteration Of Access To A Category 1 Road (Stud Road) At 1060 Stud Road, Rowville, Melway Ref. 72 J12 (Application No. P2011/6572)

11.

6.3

Tirhatuan Ward Proposed Development Of A Three Storey Building Containing Thirty Six (36) Apartments And Basement Car Parking And Creation/Alteration Of Access To A Category One Road At 1114-1116 Stud Road, Rowville, Melway Ref. 81 J1 (Application No. P2011/6494)

35.

6.4

Tirhatuan Ward Application To Develop The Land For A Two (2) Storey Apartment Building Containing Ten (10) Dwellings And Basement Car Parking At 9 Stamford Crescent, Rowville Melway Ref. 81 J1 (Application No. P/2011/6475)

74.

6.5

Tirhatuan Ward Development Plan For The Further Development Of The Caribbean Business Park At Lot 1, Caribbean Drive, Scoresby, Melway Ref. 72 F8

104.

6.6

Chandler Ward Application To Develop The Land For Fourteen 3-Storey Dwellings And One 2-Storey Dwelling At 43 Chandler Road, Boronia, Melway Ref. 65 B8 (Application No. P2011/6349)

145.

6.7

Baird Ward Application To Develop The Land For Five (5) Double Storey Dwellings At 3 Mossfield Avenue, Ferntree Gully, Melway Ref. 73 H2 (Application No. P2011/6669)

173.

6.8

Friberg Ward Application To Develop The Land For Five (5) Double Storey Dwellings At 13 Lydford Road, Ferntree Gully, Melway Ref. 73 G4 (Application No. P2011/6970)

202.

6.9

Collier Ward Application To Develop The Land Four (4) Double Storey Dwellings And Creation Of Access To A Road Zone Category 1 At 280 Wantirna Road, Wantirna, Melway Ref. 63 G4 (Application No. P/2011/6589)

227.

COUNCIL 27 March 2012 6. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CITY DEVELOPMENT GROUP (cont’d)

6.10

All Wards Housing Policy Monitoring And Review Program 2011

245.

6.11

Taylor & Dobson Wards Lysterfield Valley Green Wedge

258.

6.12

Friberg Ward Application To Develop The Land For A Two Storey Apartment Building Containing 32 Dwellings At 9 Mountain Gate Drive, Ferntree Gully Melways Ref. 73 H4 (Application No. P2011/6432)

263.

7. PUBLIC QUESTION TIME (Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public). 294. 8. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

COMMUNITY SERVICES GROUP

8.1

All Wards Implementing 15 Hours Of Preschool In 2013

299.

8.2

All Wards Review Of Library Services

309.

8.3

All Wards Early Years Advisory Committee – Revised Terms Of Reference & Proposed New Term

332.

9. CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE

CORPORATE DEVELOPMENT GROUP

9.1

All Wards Review of Ward Contingency Fund Policy

345.

10. ITEMS FOR INFORMATION

10.1

All Wards Works Report (As At 27 March 2012)

353.

10.2

All Wards Assemblies of Councillors

370.

COUNCIL 27 March 2012 11. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN 392. 12. SUPPLEMENTARY ITEMS 392. 13. URGENT BUSINESS 392. 13.1 Urgent Business 392. 13.2 Call Up Items 392.

13.2.1 Access For All To Business Premises 392.

13.2.2 Fire Safety And Vegetation Management 392. 14. QUESTIONS WITHOUT NOTICE 392. GRAEME EMONSON CHIEF EXECUTIVE OFFICER

1 COUNCIL - REPORTS BY COUNCILLORS 27 March 2012

5. REPORTS BY COUNCILLORS

5.1 Committees & Delegates 5.1.1 COUNCILLOR PEARCE Councillor Pearce attended the following Meetings

• Knox Central Advisory Committee • Councillors Community Engagement Workshop • Stamford Park Project Steering Committee • Annual Budget Review 5.1.2 COUNCILLOR McMILLAN Councillor McMillan attended the following Meetings

• Lysterfield Recreation Reserve Community Groups • Knox Festival • Launch of Knox Youth Clinic • Knox Central Advisory Committee • Councillors Community Engagement Workshop • Launch of Knox Raiders Season • Mountain District Learning Centre • Friends of Glenfern Road Residents Group (x 2) • Environment Advisory Committee • Country Fire Authority Upper Ferntree Gully Brigade • Knox Affordable Housing Reference Group 5.1.3 COUNCILLOR WALTER Councillor Walter attended the following Meetings

• Murrindal Preschool Room Opening 5.1.4 COUNCILLOR COSSARI Councillor Cossari attended the following Meetings

• Councillors Community Engagement Workshop • Rowville Rail Feasibility Study Presentation of Findings by Department of

Transport • Wantirna Primary School Centenary Celebrations • Knox Multicultural Advisory Committee


5.1 Committees & Delegates (cont’d) 5.1.5 COUNCILLOR MORTIMORE Councillor Mortimore attended the following Meetings

• Knox Festival • Eastern Regional Libraries Corporation Board • The Basin Community Hub Partnership Project • Councillors Community Engagement Workshop • Environment Advisory Committee • Bicycle and Pedestrian Advisory Committee 5.1.6 COUNCILLOR COOPER Councillor Cooper attended the following Meetings

• Eastern Recreation Precinct Reference Committee • Management Advisory Committee for Cathies Lane Transfer Station • Knox Central Advisory Committee • Arts and Cultural Development Advisory Committee • Stamford park Project Steering Committee • Annual Budget Review 5.1.7 COUNCILLOR GILL (MAYOR) Councillor Gill attended the following Meetings

• Signing of Leases/Licence for EasternRecreation Precinct • Member for Ferntree Gully, Mr Nick Wakeling (x 2) • Official Opening of Knox Festival • Judging of Primary Schools Banner Competition • Citizenship Ceremony • Breakfast Club • Launch of Knox Shopping Centre Recycling Program • Minister for Health, Hon David Davis with Jamie Oliver • Murrindal Preschool Room Opening • Places Victoria • Eastern Recreation Libraries Corporation Board • Launch of Knox Youth Clinic • Knox Central Advisory Committee • Launch of Battle of the Burbs Blood Service • Minister for Environment & Climate Change and Minister for Youth, Hon

Ryan Smith • Councillors Community Engagement Workshop • Rowville Rail Feasibility Study Presentation of Findings by Department of

Transport • Knox Schools Expo • Launch of Victorians Love Libraries • Upper Ferntree Gully Primary School – Ride to School Day and

Presentation to School Captains • Harmony Day Event


5.2 Ward Issues 5.2.1 COUNCILLOR PEARCE (TAYLOR WARD) • Councillor Pearce was pleased to acknowledge the Wellington Village

Shopping Centre community festival held recently. Councillor Pearce was delighted to report that the event was well represented by community organisations.

5.2.2 COUNCILLOR McMILLAN (DOBSON WARD) • Councillor McMillan advised that the recent Knox Festival had been a

great success and was well attended by the community. 5.2.3 COUNCILLOR VAN DE VREEDE (TIRHATUAN WARD) • Councillor Van de Vreede advised of the release of the Rowville Rail

Study and urged local State and Federal members to further support the options for the planning, design and construction of this infrastructure.

5.2.4 COUNCILLOR COLE (BAIRD WARD) • Councillor Cole raised an issue of concern on behalf of residents of

Boronia regarding hard garbage being placed out earlier than the scheduled collection dates.

5.2.5 COUNCILLOR WALTER (FRIBERG WARD) • Councillor Walter was pleased to highlight the completion of an additional

wing at Murrindal Pre-school and acknowledged the financial contribution of the state government in relation to this project.

5.2.6 COUNCILLOR COSSARI (COLLIER WARD) • Councillor Cossari was pleased to advise that he had received some

positive feedback from the traders and patrons of the Wantirna Mall in relation to the car parking and over flow from the Knox Private Hospital.

• Councillor Cossari raised an issue on behalf of pedestrians utilising a gravel path on Mountain Highway in the vicinity of Eastlink.

• Councillor Cossari highlighted his attendance at the Harmony Day event held at the Sant Nirankari Hall, Rowville with Councillor Pearce and Councillor Gill.

• Councillor Cossari highlighted that Wantirna Primary School celebrated its 100 year anniversary recently.


5.2 Ward Issues (cont’d) 5.2.7 COUNCILLOR MORTIMORE(CHANDLER WARD) • Councillor Mortimore highlighted the success of the Knox Festival and

thanked the staff for their work in relation to this matter.

• Councillor Mortimore highlighted the success of the recent Basin Music Festival. Councillor Mortimore highlighted that over 200 acts performed during the festival and that many community groups were involved in the Festival.

5 COUNCIL – CITY DEVELOPMENT 27 March 2012

ALL WARDS

6.1 REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

Details of planning applications considered under delegation are referred for information. It is recommended that the items be noted.

RECOMMENDATION

That the planning applications decided under delegation report (between 1 February to 29 February 2012) be noted.

REPORT Details of planning applications decided under delegation from 1 February to 29 February 2012 are attached. The applications are summarised as follows:

Application Type No Building Extensions: Residential Other

8 3

Units 11 Dwellings 6 Subdivision 11 Commercial 1 Tree Removal/Pruning 25 Dog Training Shed 1 Sign 1 Fence 1 Removal of Restrictive Covenant 1 Removal of Carriageway Easement 1 Removal of Car Space from Common Property 1 Change of Use 1

TOTAL 72

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. COSSARI

That the planning applications decided under delegation report (between 1 February to 29 February 2012) be noted. CARRIED


Knox City Council Planning Applications Decided by Responsible Officer

1 February 2012 to 29 February 2012

Ward No/ Type Address Description Decision:

Baird 2011/6532 LOT 1 & LOT 10A Burwood Highway FERNTREE GULLY VIC 3156

The subdivision of the land into eighty (80) lots (DHS development site)

20/02/2012 Approved

Baird 2012/6134 19 Park Boulevard FERNTREE GULLY VIC 3156

The pruning of one (1) Eucalyptus viminalis (Manna gum)

17/02/2012 Approved

Baird 2011/6706 2/22 London Drive BAYSWATER VIC 3153

Motor Vehicle and Car Part Sales

23/02/2012 Approved

Baird 2012/6100 28 Maryborough Road BORONIA VIC 3155

Pruning of Eucalyptus mannifera and Eucalyptus obliqua

22/02/2012 Approved

Baird 2011/6391 181 Dorset Road BORONIA VIC 3155

The construction of five (5) double storey dwellings with associated car parking, and alteration to access on a Road Zone Category 1

22/02/2012 Refused

Baird 2011/6875 40 Park Boulevard FERNTREE GULLY VIC 3156

The subdivision of the land into two (2) lots

27/02/2012 Notice of Decision

Baird 2011/6215 9 Norwich Street BORONIA VIC 3155

The subdivision into two (2) lots (Approved Unit Site)

10/02/2012 Approved

Baird 2011/6658 19 Esther Court BORONIA VIC 3155

Removal of Restrictive Covenant R353413D

15/02/2012 Refused

Baird 2011/6645 765 Burwood Highway FERNTREE GULLY VIC 3156

Development of the land for a double storey dwelling to the rear of the existing dwelling


Baird 2010/7017 5 Haering Road BORONIA VIC 3155

Development of the land for a single storey dwelling to the rear of the existing dwelling and the removal of vegetation

21/02/2012 Approved

Baird 2011/6149 4 Catherine Street BORONIA VIC 3155

Development of the land for a double storey to the rear of the existing dwelling

1/02/2012 Approved

Chandler 2012/6085 2/988 Mountain Highway BORONIA VIC 3155

The removal of one (1) Eucalyptus robusta (Swamp Mahogany)

16/02/2012 Approved

Chandler 2012/6059 14 Dawn Street BORONIA VIC 3155

The removal of Eucalyptus sideroxylon and the pruning of (3) trees (Corymbia citriodora, Eucalyptus nicholii, Eucalyptus haemastoma).

2/02/2012 Approved

Chandler 2012/6144 2/2A Bennett Street BORONIA VIC 3155

The removal of one (1) Populus deltoides (Cottonwood Poplar)

23/02/2012 Approved



Chandler 2012/6053 Lot P+ Mountain Highway THE BASIN VIC 3154

The removal of two (2) Eucalyptus obliqua and the pruning of two (2) Eucalyptus obliqua

3/02/2012 Approved

Chandler 2012/6146 3 Deborah Avenue BORONIA VIC 3155

Removal of one (1) Acacia dealbata (Silver Wattle tree)

27/02/2012 Approved

Chandler 2011/7041 10 Pascoe Road BORONIA VIC 3155 Building and works (Carport) 2/02/2012

Approved

Chandler 2011/6447 2/7 Stanley Street THE BASIN VIC 3154

Single dwelling with garage and carport and associated driveway and siteworks

14/02/2012 Approved

Chandler 2012/6135 15 Landscape Drive BORONIA VIC 3155

Removal of one Eucalyptus botryoides and the pruning of Eucalyptus viminalis subsp cygnetensis, Corymbia maculata and Cupressus sempervirens.

21/02/2012 Approved

Chandler 2012/6096 78 Landscape Drive BORONIA VIC 3155

The removal of one (1) Eucalyptus nicholii and the pruning of one (1) other Eucalyptus nicholii

9/02/2012 Approved

Chandler 2011/6968 11 Vaughan Road FERNTREE GULLY VIC 3156

Buildings and Works (additions and alterations to existing dwelling)

27/02/2012 Approved

Chandler 2012/6101 1/11 Marland Road BORONIA VIC 3155

Removal one (1) Eucalyptus cephalocarpa

22/02/2012 Approved

Chandler 2012/6127 5 Vaughan Road FERNTREE GULLY VIC 3156

The removal of one (1) Grevillea robusta (Silky Oak) tree

23/02/2012 Approved

Chandler 2012/6086 64 Stewart Street BORONIA VIC 3155

Removal of one Eucalyptus cephalocarpa and pruning of two Eucalyptus ovata and one Eucalyptus nicholii

16/02/2012 Approved

Chandler 2011/6831 359 Forest Road THE BASIN VIC 3154

Development of the land for a single storey dwelling to the rear of the existing


Chandler 2012/6077 9 Ronald Crescent BORONIA VIC 3155

The pruning of one (1) Eucalyptus scoparia

10/02/2012 Approved

Chandler 2011/6912 1216 Mountain Highway THE BASIN VIC 3154

The subdivision into two (2) lots (Approved Unit site)

22/02/2012 Approved


Removal of a diseased Cupressus macrocarpa 'Aurea'

23/02/2012 Approved


The removal of two dead Eucalyptus trees and one dead Acacia tree.

10/02/2012 Approved

Chandler 2011/6643 5 Carnarvon Avenue THE BASIN VIC 3154

Buildings and Works (Dwelling and Garage) & Vegetation Removal

20/02/2012 Approved



Chandler 2012/6142 3/15 McDonald Crescent BORONIA VIC 3155

The removal of one (1) dead Eucalyptus camaldulensis

23/02/2012 Approved

Chandler 2012/6094 6 Dawn Street BORONIA VIC 3155

The removal of one (1) Eucalyptus cephalocarpa (Silver leaf Stringybark)

20/02/2012 Approved

Chandler 2012/6138 16 Castlewood Drive BORONIA VIC 3155

Removal of four (4) trees: Eucalyptus mannifera, Eucalyptus elata, Melaleuca styphelioides and Photinia x fraserii 'Robusta'.

24/02/2012 Approved

Chandler 2012/6014 4 Judith Avenue BORONIA VIC 3155 Shed 15/02/2012

Approved

Chandler 2012/6125 43 Hilda Avenue BORONIA VIC 3155

Removal of one (1) dead Eucalyptus radiata (Narrow leaf Peppermint) & the pruning of one Eucalyptus radiata (Narrow leaf Peppermint) and one Exocarpos cupressifomis (Cherry Ballart)

20/02/2012 Approved

Collier 2011/6792 539 Mountain Highway BAYSWATER VIC 3153

Development of a double storey dwelling to the rear of the existing dwelling

21/02/2012 Approved

Collier 2012/6140 21 Waterman Drive WANTIRNA VIC 3152

The removal of two (2) Eucalyptus mannifera (Brittle Gums.)

27/02/2012 Approved

Dinsdale 2011/7011 294 Boronia Road BORONIA VIC 3155

The Subdivision of land into Nine (9) Lots (Approved Unit Site)

13/02/2012 Approved

Dinsdale 2012/6030 15 Margaret Avenue BAYSWATER VIC 3153

The subdivision into two (2) lots (existing dwellings)

20/02/2012 Approved

Dinsdale 2011/6927 25 King Street BAYSWATER VIC 3153

The subdivision of the land into Twelve (12) Lots (apartments) (Approved Development Site)

20/02/2012 Approved

Dinsdale 2011/6891 9 Allanfield Crescent WANTIRNA SOUTH VIC 3152

The subdivision of the land into two (2) lots (approved development site)

10/02/2012 Approved

Dinsdale 2011/6985 46 Orchard Road BAYSWATER VIC 3153

The subdivision of the land into Two (2) Lots (Approved Unit Site)

10/02/2012 Approved

Dinsdale 2010/6754 4/2 Orange Grove BAYSWATER VIC 3153 Carport 2/02/2012

Approved

Dinsdale 2012/6051 3/31 Dixon Court BORONIA VIC 3155

The removal of one Eucalyptus radiata (Narrow leaf Peppermint)

10/02/2012 Approved

Dinsdale 2012/6072 38 Corporate Boulevard BAYSWATER VIC 3153

Removal of car space from Common Property to become Part of Lot 404

22/02/2012 Approved



Dinsdale 2011/6980 32-34 Station Street BAYSWATER VIC 3153

Change of Use to Education Centre and waiving of car parking requirement

10/02/2012 Approved

Dinsdale 2011/6969 14/103 Lewis Road KNOXFIELD VIC 3180

Buildings & Works - Mezzanine floor to existing office

1/02/2012 Approved

Dobson 2011/6877 5 Carrington Court LYSTERFIELD VIC 3156

The use and development of a single dwelling on the land

20/02/2012 Approved

Dobson 2012/6150 3/11 Bowen Street FERNTREE GULLY VIC 3156

The removal of one Eucalyptus goniocalyx and the pruning of one Eucalyptus cephalocarpa

28/02/2012 Approved

Dobson 2011/6672 989A Burwood Highway FERNTREE GULLY VIC 3156

Construction of a dwelling,erection of side boundary fencing and alteration of access to a Category 1 Road

23/02/2012 Approved

Dobson 2011/6708 3 Fern Road UPPER FERNTREE GULLY VIC 3156

Additions and alterations to the existing dwelling and associated removal of trees

13/02/2012 Approved

Dobson 2011/6991 32 Alexandra Street UPPER FERNTREE GULLY VIC 3156

Timber Paling Fence 7/02/2012 Approved

Dobson 2011/6820 4 Cornhill Street FERNTREE GULLY VIC 3156

The development of one (1) single storey dwelling to the rear of the existing dwelling

15/02/2012 Approved

Dobson 2011/6917 1/28 Francis Crescent FERNTREE GULLY VIC 3156

The subdivision of the land into Two (2) Lots

20/02/2012 Approved

Dobson 2012/6046 16 Mason Street FERNTREE GULLY VIC 3156

Pruning of five trees (Prunus serrulata, Eucalyptus robusta, Ulmus glabra 'Lutescens', Quercus rubra, Ulmus carpinifolia 'Variegata') and the removal of four trees (3 x Corymbia ficifolia, Ficus rubiginosa 'Variegata')

1/02/2012 Approved

Dobson 2012/6152 44 Edward Street UPPER FERNTREE GULLY VIC 3156

Removal of one (1) Alnus acuminata (Evegreen alder)

27/02/2012 Approved

Dobson 2011/6861 31 Cornhill Street FERNTREE GULLY VIC 3156

Buildings & Works - installation of gas cylinder

24/02/2012 Approved

Dobson 2011/7016 34 Talaskia Road UPPER FERNTREE GULLY VIC 3156

Extension to Dwelling & Proposed Carport

2/02/2012 Approved

Dobson 2011/6988 5 The Glen FERNTREE GULLY VIC 3156 Carport 10/02/2012

Approved

Dobson 2012/6067 5 Brenock Park Drive FERNTREE GULLY VIC 3156

The removal of six (6) trees and the pruning of twenty-seven (27) trees

17/02/2012 Approved



Dobson 2011/6701 9 Misthills Court FERNTREE GULLY VIC 3156 Double storey dwelling 15/02/2012

Approved

Dobson 2011/6601 45 The Avenue FERNTREE GULLY VIC 3156

Buildings and Works (Garage and Retaining Wall) and the Removal of Pittosphorums

3/02/2012 Approved

Friberg 2011/6536 16 Clyde Street FERNTREE GULLY VIC 3156

Multi Unit Development Three (3) Two Storey Dwellings


Friberg 2011/6998 456A Scoresby Road FERNTREE GULLY VIC 3156

The subdivision of the land into Two (2) Lots (approved unit site)

20/02/2012 Approved

Scott 2011/6663 398 Scoresby Road FERNTREE GULLY VIC 3156

The construction of two (2) double storey and one (1) single storey dwelling on the land (total three dwellings)

15/02/2012 Approved

Scott 2011/6781 1 Witken Avenue WANTIRNA SOUTH VIC 3152

Development of the land for a double storey dwelling to the rear of the existing dwelling

20/02/2012 Approved

Taylor 2011/6823 95 Liberty Avenue ROWVILLE VIC 3178 Advertising Sign 24/02/2012

Approved

Taylor 2011/6468 16 Snowgum Close ROWVILLE VIC 3178

Development of a double storey dwelling to the rear of the existing dwelling


Taylor 2011/6791 12 Volks Court LYSTERFIELD VIC 3156

The construction of a single dwelling, assoicated garages and swimming pool on the land

24/02/2012 Approved

Taylor 2011/6854 LOT 10 Powells Road LYSTERFIELD VIC 3156

Buildings and Works (Dog Training Shed)

22/02/2012 Approved

Tirhatuan 2011/7004 15/899 Wellington Road ROWVILLE VIC 3178

Mezzanine Storage Area & Dispensation of Carparking

1/02/2012 Approved

Tirhatuan 2011/7030 2/1464 Ferntree Gully Road KNOXFIELD VIC 3180

Removal of 6m wide carriageway easement E4 and subdivide Lot S3 to create additional common property and balance Lot S4

6/02/2012 Approved

TOTAL: 72

11 COUNCIL – CITY DEVELOPMENT 27 March 2012 COUNCILLOR COLE VACATED THE CHAMBER AT 7.34PM DURING DISCUSSION ON ITEM 6.2

TIRHATUAN WARD

6.2 APPLICATION TO USE AND DEVELOP THE LAND FOR MATERIALS RECYCLING, BUSINESS IDENTIFICATION SIGNAGE, DISPENSATION OF CAR PARKING AND ALTERATION OF ACCESS TO A CATEGORY 1 ROAD (STUD ROAD) AT 1060 STUD ROAD, ROWVILLE, Melway Ref. 72 J12 (Application No. P2011/6572)

1. SUMMARY:

Land: 1060 Stud Road, ROWVILLE VIC 3178 Applicant: Recycal Pty Ltd Proposed Development: Use and development of the land for Materials

Recycling, Business Identification Signage, dispensation of car parking and altering access to Category 1 Road

Existing Land Use: Retail premises Area/Density: 6672 m2 Zoning: Business 3 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)

Clause 22.02 – Industrial and Restricted Retail Sales Area Design Clause 22.08 – Scoresby-Rowville Employment Precinct

Application Received: 26 July 2011 Number of Objections: 81 PCC Meeting: 17 January 2012 Assessment:

The proposed use and development of land for a Materials Recycling facility does not comply with design and amenity expectations for the Business 3 Zone, Stud Park Activity Centre and Scoresby-Rowville Employment Precinct. The proposal will result in unreasonable amenity impacts to adjoining properties which include community, residential and cultural uses. The proposed traffic arrangement is not supported by VicRoads or Council’s Traffic Engineers.

On balance it is considered that the proposal significantly fails to respond to State and Local Planning Policies, and it is recommended that a Notice of Refusal to Grant a Planning Permit be issued.

12 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.2 1060 Stud Road, Rowville (cont’d)

2. BACKGROUND

2.1 Subject Site and Surrounds

The location of the subject site is shown in Appendix A.

• The site comprises an irregular allotment of 6672m2 which has frontage and road access to Emmeline Row to the north and Stud Road to the east. The northern half of the site contains a sealed carpark and 500m2 building used for swimming pool display and sales. The southern portion of the site is unsealed and contains a 200m2 metal shed. Concrete slab walls have been illegally erected at the south western corner of the site. No encumbrances are registered on the property title.

• The adjoining property to the west and south is occupied by a church. To the north west of the site is located Stamford House and parklands, and to the north is located Stamford Business Park. The subject site is located a minimum of 68 metres from the closest residential dwellings to the south and on the opposite side of Stud Road.

• Vegetation onsite is largely limited to a row of Cypresses along the western and southern boundaries.

2.2 The Proposal

(Refer to attached plans at Appendix B)

The application proposes to use and develop the site as a Materials Recycling facility, to alter access to a Category 1 Road (Stud Road), for a dispensation of car parking, and for advertising signage. The use will include:

• Processing of loose aluminium material within an open-roofed baler building at the south west corner of the site. Loose material will be tipped into the concrete bays within the baler building, transported via a conveyor system into the baler machine, “densified” into small briquettes, then transported to foundries off site.

• Hours of operation for the processing equipment will be on weekdays from 7am to 6pm and Saturdays between 7am and 1pm. The facility and transportation activities will operate slightly longer, until 2pm Saturdays. A maximum of eight (8) staff are proposed.

• Truck traffic will enter and exit via a new sealed driveway and crossover at the south east corner of the site, and may also exit to Emmeline Row. An average of six (6) heavy vehicle movements are anticipated per day.

• Metals will be bought from and sold to the general public within the existing factory building. ‘Door trade’ activity is anticipated to reach a maximum of 20 vehicles a day, with Fridays and Saturdays being peak times.


• A new black powder coated fence will be erected for the proposed Materials Recycling use along the south east corner of the site.

• Two (2) pole mounted signs and a ‘Can Man’ inflatable symbol are proposed along the Stud Road frontage.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site, notices sent to adjoining property owners and occupiers, and notices in the local newspaper. 81 objections have been received and are summarised below. Six (6) letters of support were also received.

Health impacts - Industrial emissions / dust / storage of used batteries

• Council’s Health Department has not raised concerns regarding health impacts from the site.

Impact on residential amenity and character (including the church, retirement village and childcare centre)

Proximity of industrial uses to sensitive uses such as housing and childcare is incompatible

Increase in noise

• As discussed throughout this report, it is considered that the proposal is ill conceived and has not appropriately considered sensitive interfaces to the site.

Hours of operation

• The hours of the proposed use are excessive when taking into account the community and residential uses immediately adjacent to the site.

Stamford Park historic homestead and parklands

• As discussed at Section 4.2.2, the amenity impacts from the proposed use will have an unacceptable impact on Stamford Park and the historic homestead.

Appearance of new buildings

• As discussed at Section 4.2.2, the built form proposed is not consistent with the clearly articulated direction for the Scoresby-Rowville Employment Precinct.


Visual impact of signage

• The visual impact of pole mounted and inflatable signs are appropriate for a Business 3 Zone and main road frontage; however, as discussed at Section 4.2.2 below, is not consistent with the policy for the Scoresby-Rowville Employment Precinct.

Traffic congestion

• Traffic arrangements are not appropriate. VicRoads has objected to the use of an informal crossover at the south eastern corner of the site, through which the bulk of vehicle activity was to access the site. The applicant has not submitted an alternative arrangement in response to VicRoads’ objection.

Illegal building works

• The carrying out of illegal works has not influenced the assessment of this application. Appropriate Planning and Building enforcement action has been taken regarding the illegal works.

Precedent for other industrial developments

• The Business 3 Zoning of the land and inclusion within the Scoresby-Rowville Employment Precinct does not preclude industrial development onsite. However, the Stud Park Structure Plan must be considered as part of any proposal for this site.

Strategic redevelopment site

• As discussed at Section 4.2.2, the proposal will prejudice the future strategic use of the land and surrounding area for residential purposes.

Property devaluation

• Property values are not a valid planning consideration.

3.2 Planning Consultative Committee Meeting

A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 17 January 2012. 85 people were in attendance. The concerns of the objectors were expressed, and the applicant presented the background and details of the proposed use and development. The concerns expressed by the objectors are listed in Section 3.1 above.

There were no negotiated outcomes or changes to the application as a result of this meeting.


3.3 Referrals

The application has been referred to VicRoads, the Environment Protection Authority (EPA) and internal departments for comment. Objections have been raised and the following is a summary of relevant advice:

VicRoads

• The existing southern access point on Stud Road is not an authorised point of access.

The proposal does not minimise the number of access points to a road in a Road Zone Category 1, particularly given that access to a lower category road, Emmeline Row, is available.

Accordingly, VicRoads objects to the issue of a Planning Permit because:

1. The proposed access is incompatible with the operation of Stud Road and public safety.

Officer response In accordance with Section 61 of the Planning and Environment Act, this application must be refused as VicRoads (as a referral authority) has objected to the proposal.

Environment Protection Authority (EPA)

• No objection provided the following matters are addressed.

• Noise emissions from recycling operations can cause significant offsite noise depending on the nature, times and location of the activities undertaken.

• The impact of the proposal should be acceptable provided the extent of the activities are constrained to those recycling activities indicated in the application and the works and management arrangements are adhered to.

• Council should give consideration to any future residential development that may encroach on the proposed activity, in particular the vacant land, zoned Residential 1, to the west of the subject land.

• Permit conditions suggested include: (excerpts)

o The design and operation of the premises should be in accordance with Sustainability Victoria’s Guide to Best Practise at Resource Recovery Centres (September 2009).

o A noise management plan must be prepared to the satisfaction of Council.

o No mechanical shredding or crushing of material may take place.


Officer response The EPA has suggested permit conditions including a prohibition on “crushing of material”, which appears to preclude the ‘densification’ or compression of loose metal material proposed for the Materials Recycling facility. Conditions suggested by the EPA will be placed on any permit issued.

Traffic Engineer

• The application proposes to use 14 of the 35 parking spaces available onsite. A parking occupancy survey by the applicant indicates a peak occupancy of 4 vehicles; given this, the total 35 car spaces are considered to be adequate for the parking needs of the existing swimming pool showroom and the proposed Materials Recycling facility.

• Concerns regarding the internal traffic arrangement and potential queuing on main roads at peak times.

• Heavy vehicle traffic should be prohibited from entering via the Emmeline Row driveway and the northern Stud Road driveway.

Health Services

• The highest impact from the site will likely be noise. Further information should be requested for the Acoustic Report, including: noise forecasts for emptying or transferring of scrap from trucks to holding bins; and noise forecasts for sirens, beacons or alarms.

• Should a permit be issued, all Acoustic Recommendations should be imposed within permit conditions, and standard clauses addressed SEPP N-1 and audible intruder alarms be included.

Arborist

• The concrete walls erected on the south and west boundaries have and will continue to have a significant impact on Leyland Cypress and Callistemon trees growing along these boundaries.

Strategic Planning

• The proposed use is inconsistent with the strategy for the Scoresby-Rowville Employment Precinct to encourage ‘high amenity ‘production economy related activities’.

• Stud Park Activity Centre

- The proposed use precludes residential uses within this site and if approved would be a disincentive to future residential development nearby due to the amenity impacts associated with this use.


- The current site is underutilised – and is identified as a strategic redevelopment site; however the proposed use does not contribute to the ‘revitalisation’ of the Stud Park Activity Centre.

- The proposed use does not support ‘consolidation, investment and change in retail, office, service and increased residential activities’ nor is it consistent with the Structure Plan for Stud Park. The amenity impacts associated with the proposed use are not consistent with a strategy to ‘protect the amenity of nearby residential areas’ this is of particular concern given the adjacent residential 1 zoning.

• The proposed use – on the boundary of Stamford Park does not protect – and certainly does not enhance the environmental and heritage qualities of this site.

Stamford Park Project Manager

• The proposed use is entirely inconsistent with the strategic intent of the Stamford Park Master Plan to encourage community use of the property (functions, art exhibitions etc.) and to promote Stamford Park as a place of relaxation and recreation.

Building Services

• A Building Order has been imposed on the property with regard to works started without a permit. No structural issues [with unauthorised buildings].

Parks Services

• No issue with the proposed formalising of the crossover at the south western corner of the site in terms of street trees, as the crossover will be more than 5 metres from street trees.

4. DISCUSSION

This section considers the proposed development in light of the provisions of the Knox Planning Scheme including State and Local Planning Policies, any other relevant policies and objectives.

4.1 Zoning and Overlays

4.1.1 Business 3 Zone

The land is located in a Business 3 Zone (B3Z). The purpose of the zone is to encourage the integrated development of offices and manufacturing industries and associated commercial and industrial uses. A planning permit is required to use the land for Materials Recycling and for any buildings and works.


The schedule to the B3Z does not contain any relevant provisions.

• The proposed Materials Recycling use is not consistent with the purpose and decision guidelines of the B3Z, given the high amenity expectations for the zone which differentiate it from Industrial zones. As discussed throughout this report, it is considered that the use will detrimentally affect the amenity of the neighbourhood through traffic arrangements, transportation of material, the appearance of the baler building and external storage bins, as well as noise, artificial light and waste emissions.

The proposed buildings are also inconsistent with the purpose of the B3Z. As detailed in the assessment against the Local Planning Policy Framework below, the open-air, industrial appearance of the buildings detract from the streetscape and make little attempt to contain the visual impact and emissions from materials stored and processed onsite.

The proposal has not taken into account immediately adjacent uses, including community, residential and high amenity business park environments, which are sensitive to industrial off-site effects. In particular, the proposed facility fails to take into account the cultural and heritage values of Stamford Park and homestead, located less than 100 metres away.

4.2 Policy Consideration

4.2.1 State Planning Policy Framework

State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies Clause 13.04 Noise and Air - Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area.

• The Acoustic Report submitted by the applicant states that the facility will comply with the noise limits under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1’, subject to the precautions and hours of operation recommended in the Acoustic Report being implemented.


However, the applicant requests that truck deliveries and staff activities onsite be permitted to operate outside of the hours recommended by the Acoustic Report, in order to allow for “traffic or breakdowns etc.”

Council’s Health Services department have identified that the Acoustic Report fails to address sirens, reversing alarms on trucks and transferring of scrap from trucks into the outdoor holding bays.

Noise associated with these activities are likely to be significant. Given the proposal to operate outside of the recommendations of their acoustic expert, minimal effort to design buildings to reduce noise emissions, and lack of separation from sensitive uses, it is considered that the application will detract from community and residential amenity.

Clause 15.01 Urban Design - Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

• The proposed development has not been designed to the site or context. The residential/community uses to the south, heritage and parkland uses to the north west and business park uses to the north demand a high level of architectural quality and impact minimisation. Instead, the applicant has proposed simplistic concrete structures, with no further attempt at urban design to integrate with the surrounding area, or incorporate features such as roofing to contain noise and emissions.

Clause 15.02 Environment – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The proposed Materials Recycling use itself is commendable for its work to recycle industrial, commercial and domestic waste products. However, as discussed throughout this report, the use and development are inconsistent with the context of the site.


Clause 15.03 Heritage – To provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value.

• The proposed facility is located less than 100 metres from Stamford Park and historic homestead. As detailed in the Referrals section, the use adjoins the main entrance road to the homestead. The activities, traffic arrangement and buildings proposed onsite are considered likely to impact on the heritage values of Stamford House.

Clause 17.02 Industry – Strategies include to:

Protect industrial activity in industrial zones from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

Encourage industrial uses that meet appropriate standards of safety and amenity to locate within activity centres.

Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

• While the use is industrial in nature, it must be noted that the zoning is not an Industrial zone but rather a Business 3 Zone with policy expectations of a “high amenity” environment accompanied by strategic planning which identify the site for future community and residential uses. This policy context means that industrial uses in this location do not have the ‘protection’ that would usually be offered against encroachment of sensitive uses.

It is also noted that the site is located within an activity centre, by virtue of its 150 metre proximity to the Business 1 Zone areas of the Stud Park Major Activity Centre, and its inclusion within the Stud Park Structure Plan (Stage 2) activity centre boundary. As discussed throughout the report, the use and buildings do not meet standards of safety and amenity, let alone those expected for an activity centre.

Clause 19.03 Waste and Resource Recovery – Strategies are to:

Establish new sites and facilities to safely and sustainably manage all waste and maximise opportunities for resource recovery.

Encourage facilities for resource recovery to maximise the amount of resources recovered.


Provide sufficient waste management and resource recovery facilities to promote re-use, recycling, reprocessing and resource recovery and enable technologies that increase recovery and treatment of resources to produce energy and marketable end products.

Encourage waste generators and resource generators and resource recovery businesses to locate in close proximity to enhance sustainability and economies of scale.

Ensure buffers for waste and resource recovery facilities are defined, protected and maintained.

• The Materials Recycling business in itself offers a valuable service in recycling and recovering waste materials from commercial and community sectors. However, as discussed throughout this report, the proposal offers no separation from sensitive uses and is not consistent with the built form objectives for the area.

4.2.2 Local Planning Policy Framework

Clause 21.07-2 Municipal Strategic Statement (MSS). The MSS identifies the Scoresby-Rowville Employment Precinct as an emerging Specialised Activity Centre where high amenity production economy-related activities are encouraged.

• As discussed throughout this report, the proposal to use and develop the land for the purpose of Materials Recycling does not meet this policy.

Stud Park Activity Centre is identified as a Major Activity Centre at Clause 21.07. Key issues in Major Activity Centres include:

- Higher density residential development is encouraged to locate above active ground uses within the centre and medium density residential development around the periphery of the centre to provide greater opportunities for people to live within the centre.

- Redevelopment of underutilised land or inappropriately used sites to provide a land use mix that contributes to a revitalised centre.

The site is located within the Stud Park Major Activity Centre. Both the subject site and the adjacent 2.2 hectare property at 1070 Stud Road to the south are identified as strategic redevelopment sites within the Stud Park Structure Plan (Stage 2), which refers to the broader area around Stud Park Shopping Centre. Built form objectives of the Structure Plan are currently under review; however, the status of the property and surrounds as strategic redevelopment sites remains.


The site is identified as strategic development site no. 4, with supporting text reading:

“If redeveloped, this site has the potential for housing and other complementary uses such as community and education. A component of affordable housing (including low-cost and/or social housing) is encouraged. Consolidation with site 3 [Australian for Christ Fellowship Church at 1070 Stud Road] could expand the range of development opportunities and would be supported.”

• The subject site and its neighbour to the south could be described as under-utilised and are identified as strategic redevelopment sites for housing, community or education uses. The amenity impacts from the proposed Materials Recycling use is discussed throughout this report and may be a disincentive to future residential development immediately adjacent to the site. The proposed use is not consistent with the Stud Park Structure Plan (Stage 2).

Clause 22.02 Industrial and Restricted Retail Sales Area Design – This policy applies to all land in an Industrial 1 Zone, Business 3 or Business 4 Zone and aims to facilitate growth in employment by ensuring that the design of industrial and restricted retail sales development maintains and enhances the appearance of industrial areas and is compatible with the surrounding streetscape and landscape character, with particular attention to complementing adjoining built form.

Siting

Buildings be set back from roads to enhance visual amenity.

Industrial and restricted retail sales buildings not adversely affect the visual amenity of nearby residential land or land used for open space purposes.

Unsightly areas and works be screened from external view.

• The design of the buildings and minimal setbacks from side and rear boundaries will adversely affect the visual amenity of nearby residential land. Unsightly areas and works, including truck parking and waste storage bins, will be located within the front setback or in open areas of the site. Buildings are not located or designed to face the main road frontage.


Landscaping

Landscape plans promote the “green leafy image” of Knox.

Landscaping softens and screens development from adjacent land.

Low fences or no fencing be provided at the main frontage of the site.

• The form and extent of landscaping proposed do not promote the “green leafy image” of Knox. Minimal landscaping buffers are provided to the side and rear of the site, removing opportunities to screen development from adjacent residential land. High fencing is proposed forward of the site, and the site’s frontage largely comprises hardstand.

Architectural quality

The external design treatment of large buildings minimises the apparent visual bulk of the buildings.

Buildings incorporate design elements that add visual interest.

• The concrete baler building and existing factory shed onsite have not been designed to minimise visual bulk or add visual interest.

Signage

Signage be uncluttered.

Signage be integrated with the architecture and landscaping of a building.

• The 6 metre high pole signs and 5.5 metre high inflatable sign proposed for the facility are not integrated with any building, and result in the appearance of visual clutter to the area.

Clause 22.08 Scoresby-Rowville Employment Precinct– The policy applies to Business 3 and Public Park and Recreation zoned land bounded by Ferntree Gully, Stud and Wellington Roads and the EastLink reservation.

It is policy that:

Production economy

• The Materials Recycling use is nested under ‘Industry’ at Clause 74 of the Knox Planning Scheme, and in itself does not contradict the policy direction for the area.


Siting

• The siting of buildings, location of car parking within the front setback and external storage of waste materials will impact on the appearance of the site and surrounding area.

Design - Bulk and Mass, Facades, Roof

• Development onsite will comprise of an open-roofed concrete baler building, external waste storage bins and retention of a corrugated iron factory shed. The box-like buildings make no attempt towards architectural quality, provision of visual interest, energy efficiency, or activating the main road frontage.

Heritage

• Council has exhibited Amendment C93 to the Knox Planning Scheme which aims to implement the Stamford Park Master Plan (current status – Council resolved at its meeting on 28 February 2012 to appoint an independent panel to consider submissions). The Master Plan identifies three precincts within Stamford Park: a 30 ha. major regional park, a historic precinct including the Stamford homestead, and a 7 ha. new residential precinct.

The character, views and vistas of Stamford Park homestead to the north west of the site are likely to be significantly affected by the proposed use and development.

Emmeline Row to the north of the site is the main entrance road to the three precincts, and the visual impact of the facility and external waste storage, as well as noise and other emissions are likely to have a significant, negative impact on the historic values and community/residential uses within Stamford Park.

4.3 Particular Provisions

Clause 52.05 Advertising Signs – The policy aims to provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character, and ensure signs do not contribute to excessive visual clutter or visual disorder.

• As discussed at Section 4.2.2 above, the expectations of high architectural quality and amenity for the area encourages that signs be incorporated into the design of buildings. Signage proposed is not of particularly high architectural quality, and will result in visual clutter.


Clause 52.06 Car Parking– A new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land.

The table at Clause 52.06-5 requires that 2.9 car spaces be provided to each 100 sqm of net floor area.

• Council’s Traffic Engineer notes that the parking occupancy survey was conducted while the existing swimming pool showroom was partially vacant. Further investigation should be carried out to examine parking availability at higher utilisation of the premises.

Clause 52.07 Loading and Unloading of Vehicles – The policy aims to set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

• Council’s Traffic Engineer has concerns regarding the ‘drive through’ facility for door trade customers and the adequacy of queuing areas for both door trade vehicles with trailers and semi-trailers performing commercial deliveries.

Importantly, VicRoads has objected to construction of a new crossover at the south eastern corner of the site which is intended to be the main access point for commercial and door trade vehicles. No alternative arrangement has been submitted by the applicant. As such, loading arrangements for the proposed facility are not satisfactory.

Clause 52.10 Uses with Adverse Amenity Potential – The purpose of the policy is to define those types of industries and warehouses which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood.

The table to Clause 52.10 does not apply any threshold distance to Commercial and Industrial Materials Recycling uses, but provides a Note 1 which states: The threshold distance is variable, dependent on the processes to be used and the materials to be processed or stored.

The threshold distance referred to in the table to this clause is the minimum distance from any part of the land of the proposed use or buildings and works to land (not a road) in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone or land to be used or acquired for a hospital or an education centre.


• The Materials Recycling use has a zero setback from land zoned for residential uses. This is considered unacceptable given the processes to be carried out onsite, which include compaction of loose metal material, high levels of loading and commercial vehicle activity, and use of equipment such as hand saws to break apart white goods. Council’s Health Services department have raised concerns regarding noise from vehicle reversing, security alarms and transferring of scrap from vehicles into the holding bins.

Clause 52.29 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road – The policy aims to ensure appropriate access to identified roads. A permit is required to create or alter access to a road in a Road Zone, Category 1. Applications must be referred to the Roads Corporation under Section 55 of the Planning & Environment Act 1987.

• As discussed in the Referrals section above, VicRoads states that the existing southern access point on Stud Road is not an authorised point of access. Further, the access arrangement does not minimise the number of access points to a Category 1 Road, particularly given that access to a lower category road (Emmeline Row) is available. VicRoads therefore objects to the issue of a permit.

Taking this view of the road manager, as well as concerns raised by Council’s Traffic Engineer regarding insufficient queuing area onsite and objections to the use of Emmeline Row and the northern Stud Road access point for heavy vehicle traffic, it is considered that the proposed traffic arrangement will have an unacceptable impact on the operation of Stud Road and on public safety.

The application must be refused as a result of the VicRoads objection.

4.4 General Decision Guidelines Clause 65 of the Knox Planning Scheme and Section 60 of the P&E Act (1987) set out decision guidelines/matters which the responsible authority must consider when deciding any planning application.

• The proposed development is inconsistent with the Decision Guidelines of Clause 65 of the Knox Planning Scheme and Section 60 of the Planning and Environment Act (1987).


5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is not appropriate given the following:

• The proposed use and development is not consistent with the expectations of high amenity for a Business 3 Zone, location within the Scoresby-Rowville Employment Precinct, close proximity to Stamford House, and immediate abuttal to a residential zone.

• The proposal will have an unacceptable impact on residential amenity.

• The buildings proposed fail to meet the expectations of high amenity, visual interest and high architectural quality for development within the Scoresby-Rowville Employment Precinct and Business 3 Zones in Knox.

• The proposed use and development will detract from the heritage values of Stamford House.

• VicRoads have objected to the proposal as the proposed car parking and traffic arrangement will have an unacceptable impact on the amenity of the area and the safety and operation of local and Category 1 roads.

6. CONFIDENTIALITY

There are no confidentiality issues associated with this report.

RECOMMENDATION

That Council issue a Notice of Refusal to Grant a Planning Permit for the application to Use and Develop land for Materials Recycling, business identification signage, dispensation of car parking and alteration of access to a Category 1 Road at 1060 Stud Road, Rowville, subject to the following grounds:

1. The proposed use and development is inconsistent with the State and Local Planning Policy Framework, in particular Clause 22.02 Industrial and Restricted Retail Sales Area Design and Clause 22.08 Scoresby-Rowville Employment Precinct, and the Business 3 Zone.

2. The proposed development will result in unreasonable amenity impacts on adjoining properties.

3. The proposed car parking and loading arrangements are inconsistent with Clause 52.06 Car Parking and Clause 52.07 Loading and Unloading of Vehicles.


Recommendation (cont’d)

4. The proposed use and development does not represent orderly planning and is not consistent with the objectives of Planning in Victoria.

5. The proposed access is incompatible with the operation of Stud Road and public safety.

COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. PEARCE That the recommendation be adopted. CARRIED

29 COUNCIL – CITY DEVELOPMENT 27 March 2012 APPENDIX A/1

31 COUNCIL – CITY DEVELOPMENT 27 March 2012 APPENDIX B/1

35 COUNCIL – CITY DEVELOPMENT 27 March 2012 COUNCILLOR COLE RETURNED TO THE CHAMBER PRIOR TO DISCUSSION ON ITEM 6.3 COUNCILLOR WALTER VACATED THE CHAMBER AT 7.39PM DURING DISCUSSION ON ITEM 6.3 COUNCILLOR WALTER RETURNED TO THE CHAMBER AT 7.41PM DURING DISCUSSION ON ITEM 6.3

TIRHATUAN WARD

6.3 PROPOSED DEVELOPMENT OF A THREE STOREY BUILDING CONTAINING THIRTY SIX (36) APARTMENTS AND BASEMENT CAR PARKING AND CREATION/ALTERATION OF ACCESS TO A CATEGORY ONE ROAD AT 1114-1116 STUD ROAD, ROWVILLE, Melway Ref. 81 J1 (Application No. P2011/6494)

1. SUMMARY:

Land: 1114-1116 Stud Road, ROWVILLE VIC 3178

Owners: Maureen & George Charalambides Carole Diane Fensome & Gary William Catley

Applicant: ABP Consultants Pty Ltd Existing Use: Single dwelling on each lot Proposed Development:

Development of the land for a three storey building (containing 36 apartments) with basement parking and to create/alter access to a Category 1 Road (Stud Road).

Area/Density: Total area of 2196 m2 / 1:61 m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Housing Policy: Clause 22.10 Neighbourhood Character: Clause 22.07

Application Received:

29 June 2011

Number of Objections:

35

PCC Meeting: 17 January 2012 Assessment:

The proposal for a three storey building is considered to be generally compatible with its activity centre setting, direction of Clause 22.10 to provide an increased density of housing where sites front onto the Stud Road Smartbus route as well as the preferred Garden Suburban neighbourhood character, subject to further modification of the building to better address neighbourhood character concerns.

36 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.3 1114 – 1116 Stud Road, Rowville (cont’d)

An application for review has been lodged with the Victorian Civil and Administrative Tribunal against Council’s failure to determine the application within the prescribed time. On balance it is considered that the proposal responds adequately to State and Local Planning Policies, and it is recommended that, if Council were in a position to make a decision, a Notice of Decision to Grant a Planning Permit be issued subject to conditions.

2. BACKGROUND

2.1 Background

By way of background, the Stud Park Structure Plan (Stage 2), which seeks to provide direction for future development within the broader areas surrounding the Stud Park Shopping Centre was adopted by Council in June 2010 and, as an approved plan, provides guidance to Council in assessing development applications within the Structure Plan area.

On 27 April 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an interim height limit of 3 storeys (9 metres) in the proposed Substantial and Moderate Change areas. Council resolution is as follows:

“That Council: 1. Defer public exhibition of Amendment C92 (as resolved at the 8 June

2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

2. Conduct a review of the Stud Park Structure Plan (Stage 2) focusing on objectives and planning guidelines relating to built form outcomes in the proposed Substantial and Moderate Change areas to provide greater certainty.

3. Adopt an interim 3 storey height limit (9 metres) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4. Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure that the findings are consistent with the Housing Policy review currently underway.

5. Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.”

Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed against State and Local Planning Policies, including the Neighbourhood Character Policy at Clause 22.07 and the Housing Policy at Clause 22.10.

The following report reflects this direction of assessment.




• The subject site is irregular in shape, located on the western side of Stud Road in Rowville. The site comprises two lots with an overall area of 2,196m2 and frontage to Stud Road of 35.1 metres. Two single storey brick dwellings and associated outbuildings currently exist on the site. Vegetation onsite is not significant. No restrictions are registered on either title.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area contain a mix of single and double storey brick dwellings. Stud Park Shopping Centre is located immediately opposite the site to the east. The subject site is located within the Stud Park Activity Centre.

• No significant vegetation is located onsite.

2.3 The Proposal


The application proposes to construct 36 dwellings within a three storey apartment building. Details of the proposed development are as follows:

• 36 dwellings, all containing two bedrooms. Dwellings are provided with amenities, kitchen, an open plan living/meals area and a balcony. Maximum building height is 9 metres from natural ground level.

• A communal open space area is provided at ground level at the southernmost corner of the site.

• A basement car park, accessed via a new crossover at the north east corner of the site. A total of 43 car spaces are provided, comprising 36 spaces for residents and seven (7) spaces for visitors. Storage, waste storage and bicycle parking spaces are also located at this level.

• A 5 metre high Lophostemon street tree at the north east corner of the site is required to be removed to allow for the new crossover. No significant vegetation onsite or on neighbouring properties will be affected.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign at the street frontage and notices sent to surrounding property owners and occupiers. 35 objections were received. A summary of the issues raised is below:


Neighbourhood Character

• Refer to Section 4.2.2 of this report.

Building bulk, height and density of the development

• The building scale is considered appropriate within a Major Activity Centre, opposite the core retail centre and on a major road. The height of the development is 9 metres, consistent with Council’s interim height limit for the substantial change area and consistent with ResCode.

• Additionally, a three storey residential development was recently approved by the Victorian Civil and Administrative Tribunal on the site immediately to the south (Jilip Eleven Pty Ltd v Knox CC [2011] VCAT 2094 (4 November 2011)). In its consideration of that development, the Tribunal found that the current provisions of the Knox Planning Scheme provide strategic imperative to consider built form of this nature favourably. While a balance between neighbourhood character and the provision of additional housing is needed, the Tribunal gave more weight to the provision of additional housing within a Major Activity Centre, than ensuring that the neighbourhood character of the area stays completely in tact.

Inadequate car parking onsite

• The number of car parking spaces provided for both residents and visitors are in accordance with ResCode standards.

Existing traffic congestion on Stud Road, service road and surrounding streets (particularly Stud Road and Avalon Road intersection)

• In terms of traffic generation and congestion, the Tribunal in its consideration of the three storey development application located at 1088-1090 Stud Road, 200 metres to the north of the subject site and on the same stretch of service lane, reinforced that Council must consider this as part of its structure planning for the area, rather than trying to deal with it through individual applications.

Pedestrian safety

• Subject to minor modifications to the basement ramp and carpark, Council’s Traffic Department has not expressed any safety concerns.

Emergency vehicle access

• Sufficient access to the development and dwellings for emergency vehicles has been provided.


Inadequate public transport in Rowville

• Public transport availability is outlined at Section 4.2.1 of this report. The site is located on Stud Road, part of the Principal Public Transport Network.

Impact of development on infrastructure such as drainage, gas, water etc

• Conditions on any permit issued will ensure the site is adequately drained so as not to put any additional pressure on the existing system. Provision of sewerage and electrical infrastructure must be to the satisfaction of the relevant authorities.

ResCode compliance – Setbacks, overshadowing, overlooking, visual bulk

• A full assessment against the objectives of ResCode, including the above matters, is provided at Section 4.3 of this report.

Rubbish collection

• Standard conditions will be placed on any permit issued to ensure that a Waste Management Plan is prepared to Council’s satisfaction.

Lack of landscaping / open space for children

• Private open space provided to each dwelling complies with ResCode standards. Communal open space provided at the south western corner of the site could be used for recreation. A landscaping buffer is provided to all sides of the apartment building.

Increase in noise and pollution

• The development is residential in nature and will not result in an unreasonable increase in residential noise or pollution.

Devaluation of properties

• Devaluation of properties is not a planning consideration.

Construction noise and pollution

• Standard conditions will be placed on any permit issued regarding amenity during the construction stage.



A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 17 January 2012. Fourteen (14) objectors were in attendance. The concerns of the objectors were expressed, and the applicant presented the design concepts. Objectors expressed the following concerns:

Traffic

• Existing traffic congestion on Stud Road, service road and surrounding streets (particularly Stud Road and Avalon Road intersection)

• Potential increase in traffic congestion and on street car parking

• Pedestrian safety

• Emergency vehicle access

• Inadequate car parking onsite

• Inadequate public transport in Rowville

Infrastructure

• Impact of development on existing drainage system

• Impact of development on infrastructure such as gas, water etc

Neighbourhood character

• Height / three storey built form out of character

• Over development

• Family oriented area

Design and layout

• Insufficient setbacks

• Overshadowing of adjoining properties

• Overlooking of adjoining properties

• Visual bulk


• Rubbish collection

• Crowded living conditions

• Lack of landscaping

• Lack of open space for children

• Unattractive exterior

Other

• Stud Park Shopping Centre is not a Major Activity Centre

• Increase in noise and pollution

• Devaluation of properties

• Construction noise and pollution

There were no negotiated outcomes as a result of this meeting.

3.3 Referrals

The application has been referred to VicRoads and internal departments for comment. No objection has been raised; the following is a summary of relevant advice:

VicRoads

• No objection to the proposal.

Traffic Engineer

• Minor alterations to basement car parks.

• At least 11 bicycle spaces should be provided for residents and visitors, or at least five (5) more spaces than the current provision.

• More investigation is needed to look at road capacity and traffic generation at the intersection and the service road.

Officer response Taking into account the scale of the development and its location within a Major Activity Centre, it is considered that the individual impact of the development on the surrounding road network is reasonable. While an investigation into the road capacity and traffic generation of the broader area may be beneficial for strategic planning for the area, each planning application must be weighed up on its individual merits.


Drainage Engineer

• No objections subject to standard conditions.

Arborist

• No vegetation issues.

Landscape Assessment Officer

• There is a reasonable opportunity for canopy trees and large shrubs. Landscape plans must show at least 11 canopy trees and 40 large shrubs, with at least five (5) large canopy trees within the front setback.

Waste Management

• A revised Waste Management Plan must be submitted. All bins should be emptied internally within the confines of the development.

Strategic Planning

• No objections. Building complies with 9 metre height control for the area. One bedroom dwellings should be added to the development.

Sustainable Design Referrals Officer

• The development is generally in accordance with Council sustainability requirements, subject to minor modifications.

4. DISCUSSION



4.1.1 Residential 1 Zone

The land is located within a Residential 1 Zone. A planning permit is required to construct two or more dwellings on a lot.

The schedule to the zone does not contain any requirements applicable to this development.

• The purpose of the R1Z supports the proposed development by encouraging residential development that meets the housing needs of a variety of household types.





Key Policies

Clause 15.12 Environment – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• Dwellings are generally provided with good access to northern sunlight. Permit conditions should require submission of a Sustainable Design Assessment and minor modifications to window placement.

Clause 16.01 - Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

• Location – The site is located within 400 metres walking distance of the Stud Park shopping centre and public transport.

• Neighbourhood character - This is discussed at Section 4.2.2 of the report.

• Housing choice – While the two bedroom dwellings provide a form of housing currently not common in the area, the development does not provide for a mix of dwelling sizes as all 36 apartments will contain two bedrooms. Permit conditions will require provision of at least four (4) one bedroom apartments in order to contribute to a greater choice of housing options within the development itself.

• Integration with infrastructure – As detailed in Section 3.3 above, the development is considered to be satisfactorily integrated into the existing road network. Drainage plans will be required as a condition of any permit issued. VicRoads have not raised concern regarding integration with the existing road network.

• Energy efficiency – This has been discussed at Clause 15.12.


Clause 18.02 Transport – Ensure that access is provided to all available modes of transport.

• The site is located adjacent to the Stud Park Shopping Centre and fronts onto Stud Road, part of the Principal Public Transport Network (PPTN).

• Smart Bus routes 901 and 900 runs along Stud Road, with the closest bus stop located approximately 100 metres to the south of the site. The 900 service runs between Rowville and Caulfield from 5am to midnight between two to four times an hour on weekdays, between 6am to midnight twice an hour on Saturdays, and between 7am to 10pm twice an hour on Sundays. The 901 service runs between Frankston and Melbourne Airport from 5am to midnight between two to five times an hour on weekdays, from 6am to midnight twice an hour on Saturdays, and from 7am to 6pm twice an hour on Sundays.

• Bus route 691 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Boronia and Waverley Gardens from 6am to 7:30pm twice an hour on weekdays, from 7:30am to 6pm once to twice an hour on Saturdays, and from 7:45am to 6pm hourly on Sundays.

• Bus route 754 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Rowville and Glen Waverley from 6am to 9pm between one and four times an hour on weekdays, from 8:20am to 9pm at hourly intervals on Saturdays, and from 9am to 9pm at hourly intervals on Sundays.

• Bus route 681 operates an occasional service along Stud Road, with the closest bus stop located approximately 200 metres to the north of the site. The one-way service runs between Lysterfield and Knox City at less than hourly intervals from 6:35am to 9pm.

Clause 19.03 Design and Built Form – Encourages high quality architecture and urban design outcomes that reflects the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

• The development incorporates visually interesting and high quality architecture along its Stud Road frontage. However, as discussed throughout this report, further work has to be done to reduce the visual bulk of the development to side and rear elevations to promote the desired future character for Garden Suburban areas while reflecting a form of development suitable for the activity centre and main road setting.



Clause 21.07-2 Municipal Strategic Statement (MSS)

The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in an Activity Centre.

The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The height of the development is considered to be consistent with the design objectives of the Garden Suburban Precinct as well as the main road setting of the development. However, permit conditions should require additional treatment to side and rear elevations to ameliorate the appearance of visual bulk.

Improve the interface between development and adjoining streets, open space and public spaces.

• Subject to permit conditions to require treatment of side and rear elevations to reduce the appearance of visual bulk, the development will have an acceptable interface with the adjoining residential neighbourhood. While the appearance of the development towards Stud Road is visually dominant, it is appropriate for the activity centre setting and Category 1 Road frontage.

Clause 22.07 Neighbourhood Character: Garden Suburban While the site is located within a structure plan area, given the pending review of the structure plan, no weight can be given to it in the assessment of this application. As a result, assessment must then be made against the Neighbourhood Character Policy.

Within the Neighbourhood Character Policy, the site is specified as being in a Garden Suburban Precinct. The desired character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. Design objectives of the Garden Suburban Precinct are as follows:


To retain the tall trees.

• Council’s Arborist has inspected the site and determined that no significant vegetation, including on neighbouring land, will be affected.

As described in the Referrals section above, the setbacks provided to all sides of the building are capable of holding at least 11 canopy trees onsite, including two (2) large trees within the front setback. This level of canopy tree planting will enable the development to integrate with the preferred Garden Suburban setting for the neighbourhood.

To maintain the continuity of garden character between dwellings.

• Further work should be done to enable the apartment building to reflect the separation between dwellings that is characteristic of the surrounding area. Increased landscaping should be introduced to the northern and southern boundaries of the site to provide a visual break between developments along this stretch of Stud Road (it is noted that a planning application for a three (3) storey apartment building has been submitted for 1118-1120 Stud Road to the south of the site, and two (2) double storey apartment buildings approved at 39-41 Stamford Crescent to the south west of the site).

Permit conditions should require that the northern wall (i.e. Units 5 and 7) of the development be setback at least 2 metres from the northern boundary; and the basement roof area to the south of Units 2, 4 and 6 be used as a planter box or other form of landscaping area.

To minimise the dominance of buildings from the street.

• The visually dominating appearance of the development onto Stud Road is appropriate, given the main road and activity centre setting. More important is the visual dominance of the building as viewed from residential environs to the side and rear. As described in this section, permit conditions should require greater treatment and setbacks to side and rear elevations and increased landscaping opportunities.

To minimise loss of front garden space, and dominance of car storage facilities.

• All car parking is located in the basement to avoid dominating the appearance of the site.

The 5 metre front setback to the development is appropriate, given the location of the site within an activity centre and fronting onto a major road, and the ability to hold at least five (5) canopy trees.


Clause 22.10 Housing: Apartment style residential development

The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households by 2030.

It is policy that:

Apartment and multi-storey mixed use style housing development be encouraged in the Business Zones within the principal and major activity centres.

• The proposed apartment development is not located within the Business Zone of a principal or major activity centre.

If an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The proposed development satisfies the 3 storey / 9 metre height limitation pursuant to the Council resolution of 27 April 2011.

Medium density housing is encouraged along the principal public transport network where properties have direct frontage, particularly along the Stud Road Orbital SmartBus Route.

• The site has direct frontage to the Stud Road Orbital SmartBus Route.

Before deciding on an application, the responsible authority will consider, as appropriate, whether:

The proposed housing will contribute to a diversity of housing in Knox.

• The development proposes two bedroom dwellings which are a housing size identified as lacking in Knox. However, the development lacks diversity in itself and, considering the number of dwellings proposed, a permit condition should require at least four (4) one bedroom dwellings be provided.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week.

• The subject site is not located to take advantage of frequent public transport services between 6.00am and 11.00pm daily, seven days a week.


The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character.

• Subject to conditions to address visual bulk and require additional landscaping, the development is capable of making a positive contribution to the desired Garden Suburban neighbourhood character for the reasons detailed in the assessment against Clause 22.07 above.

The proposed development is consistent with a relevant endorsed structure plan or urban design framework.

• The Stud Park Structure Plan (Stage 2) has no weight in the consideration of the amended proposal.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas.

• An assessment of the proposed development against these aspects is provided at Section 4.3 of this report. Alterations to improve the amenity impact of the development will be imposed on any permit issued.

4.2.3 Stud Park Structure Plan (Stage 2)

Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed against the Neighbourhood Character Policy at Clause 22.07

4.3 Clause 55 – Two or More Dwellings on a Lot and Residential Buildings (ResCode)

The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an assessment of the key criteria; including any areas of non compliance are considered below:

Neighbourhood Character and Infrastructure

Neighbourhood Character – Generally complies, refer to Section 4.2.2 above


Site Layout and Building Massing

Street Setback – Generally complies. The 5 metre setback to the front walls of the development allows for efficient use of a site within a Major Activity Centre, while enabling canopy tree planting to contribute to the preferred Garden Suburban neighbourhood character.

Building Height – Complies.

Site Cover/permeability – Site Coverage does not comply; Permeability does comply

Energy Efficiency – Can comply, subject to minor modifications. A Sustainable Design Assessment should be required as condition of any permit issued.

Landscaping – Can comply, subject to conditions to improve the landscaping onsite.

Access – Can comply, subject to permit conditions regarding minor alterations to the basement car park.

Parking provision and location – Complies

Amenity Impacts

Side and rear setbacks – Generally complies, subject to Units 29 and 31 being setback at least 3.7 metres from the northern boundary (an additional 1.2 metres), and the stairwell at the southern wall of the building setback 2.2 metres from the southern boundary, or otherwise in accordance with ResCode standards.

Walls on boundaries – No walls on boundaries are proposed.

Daylight to existing windows/north facing windows – Complies

Overshadowing open space – Complies

Overlooking – Generally complies, subject to permit conditions to require potential views to neighbouring properties to the side and rear of the development to be addressed.

Internal views – Can comply, subject to provision of screening for windows facing onto light wells.

On-Site Amenity and Facilities

Daylight to new windows - Complies

Private Open Space – Complies


Solar access – Complies

Storage – Can comply, subject to details of allocation of storage facilities to dwellings.

Front fence – None proposed

Common property – Complies

4.4 Particular Provisions

4.4.1 Clause 52.29 Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

The purpose of Clause 52.29 is to ensure appropriate access to identified roads. A permit is required to create or alter access to a Category 1 Road (Stud Road).

The application has been referred to VicRoads who has made no objections to the proposal, nor directed that any conditions be included on any permit issued.

4.4.2 Clause 52.34 Bicycle Facilities

The purpose of Clause 52.34 is to encourage cycling as a mode of transport and to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

• Clause 52.34 does not require bicycle parking for residential developments of less than four (4) storeys. However, as discussed at the Referrals comments at Section 3.3 above, at least 11 bicycle storage spaces should be required as part of any permit issued.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain.

The development is found to comply with the direction of State and Local Planning Policy and it is recommended that a Planning Permit be issued for the following reasons:


• The proposed development is generally consistent with the Housing Policy and the Neighbourhood Character Policy. As discussed above, the site is located within the Stud Park Major Activity Centre and subject to design modifications, the development is considered to represent an appropriate balance between providing additional housing and respecting the changing character of the area. Further, the site is a large, consolidated site and capable of absorbing a development in apartment form. The development is located within an existing urban area where services and transportation is located within close proximity.

• As highlighted above, the proposal, subject to modifications that could be conditioned on any permit, is considered appropriate in terms of architectural quality, ecologically sustainable design principles, built form and landscaping.

• The development is generally compliant with ResCode subject to changes that could be conditioned on any permit issued.

6. CONFIDENTIALITY


RECOMMENDATION

That, if Council were in a position to make a decision within the prescribed timeframes of the Planning & Environment Act 1987, Council should issue a Planning Permit for development of the land for a three storey building containing thirty six (36) apartments and basement car parking, and creation/alteration of access to a Category 1 Road at 1114-1116 Stud Rd, Rowville, subject to the following conditions:

Amended Plans 1. Prior to the commencement of any buildings or works, amended

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

1.1 Provision of at least four (4) one bedroom dwellings within the development.



1.2 All parking spaces to have a minimum 5.4 metre length where there is no provision for vehicle overhang (i.e. wall or storage shed), unless otherwise approved by the Responsible Authority. It is recommended that a plan demonstrating adequate turning ability be submitted.

1.3 The aisle in the vicinity of parking spaces nos. 13 and 14 to have a minimum 6.4 metre width, or the carpark be provided with a one-way traffic arrangement, or other alteration approved by the Responsible Authority.

1.4 Location of columns within the carpark to comply with Australian Standard 2890.1 Section 5 and/or a 300mm clearance provided between the column and the side of the parking space, and protection of the columns from damage by vehicles.

1.5 Parking spaces nos. 1 to 7 to have a maximum gradient in accordance with Australian Standard 2891.4, Clause 2.4.6.1.

1.6 Visitor parking spaces and intercom system clearly identified by signage at the front of the site.

1.7 Installation of a traffic mirror or other approved device/method immediately east of parking space no. 35 to improve visibility for vehicles exiting parking space no. 1 and entering on the car park ramp.

1.8 The ramp to the basement having a minimum 2.2 metre height clearance at the entrance, minimum 5.5 metre width between kerbs less than 150mm in height, and maximum 1 in 20 gradient within 6 metres of the front boundary.

1.9 Provision of at least 11 bicycle spaces onsite, constructed in accordance with the requirements of Clause 52.34 of the Knox Planning Scheme.

1.10 Elevation plans be corrected to remove reference to “40 units”.

1.11 South-facing stairwell window to the first and second floor shown on elevation plans.



1.12 Addition of north-facing windows to Bedroom 1 to Units 1, 13 and 25. The windows should be screened in accordance with ResCode Standard B22.

1.13 Alterations to the side and rear elevations of the development to delete any sections of three storey-high walls and reduce visual bulk. This is to be achieved by articulation of wall surfaces to the first and second levels of the building by at least 500mm between wall surfaces, and greater use of high quality architectural materials and features such as cladding, canopies and verandahs to provide greater visual interest.

1.14 Units 29 and 31 setback at least 3.7 metres from the northern boundary, and the stairwell at the southern wall of the building setback at least 2.2 metres from the southern boundary, or otherwise in accordance with ResCode standards.

1.15 Increased landscaping opportunities provided to the northern and southern boundaries, including: the northern wall (i.e. Units 5 and 7) of the development setback at least 2 metres from the northern boundary; and the basement roof area to the south of Units 2, 4 and 6 used as a planter box or other form of landscaping.

1.16 Fencing along the northern boundary having a minimum 2 metres height within the 9 metre view arc to Units 1, 3 and 7.

1.17 Fencing along the western boundary having a minimum 2 metres height within the 9 metre view arc to Unit 7.

1.18 Obscured and highlight windows and balconies annotated to show a minimum 1.7 metres height to screens.

1.19 Stairwell windows to the first and second levels screened to a height of 1.7 metres.

1.20 Provision of screening to windows facing onto light wells, to prevent internal views in accordance with Clause 55.04-7 of the Knox Planning Scheme.

1.21 Details of allocation of storage facilities to dwellings.

1.22 Drainage plans in accordance with Condition 2.



1.23 Landscaping plans in accordance with Condition 3.

1.24 Sustainable Design Assessment in accordance with Condition 6.

1.25 Waste Management Plan in accordance with Condition 8.

1.26 Any alteration to the basement car park or development as a whole as required by the Waste Management Plan.

Drainage Plans

2. Prior to the commencement of any buildings or works, three copies of road construction and drainage plans and computations prepared by a qualified Civil Engineering Consultant must be submitted to and approved by the Responsible Authority. Drainage and road construction works on site must be undertaken and completed in accordance with these plans to the satisfaction of the Responsible Authority prior to the occupancy of the buildings. Plans are to show:

2.1 Stormwater drainage runoff shall be properly collected in a complete and effective system of drains and connected to the Council drain at the rear of the property.

2.2 An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in storm water discharge from the proposed development.

2.3 The on-site detention system to be installed in a suitable location for easy access and maintenance.

2.4 Road design and pavements designed and constructed to Council requirements.

2.5 Where quality of Stormwater runoff is enhanced by tanks or Water Sensitive Urban Design measures, the Standard of water treatment as provided is to be assessed by the Consulting Engineer for inclusion in Item (2) of the Application for Offer of Conditions of Agreement for the Provision of Stormwater Facilities.

2.6 Water Sensitive Urban Design (WSUD) incorporated with the stormwater drainage design. The Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) should be met.



2.7 Provision of a suitable overland flow path for the entire site available to Council’s satisfaction. Details of this overland flow path are to be detailed on the engineering stormwater design plans.

2.8 All levels to be to AHD (Australian Height Datum).

To the satisfaction of the Responsible Authority.

Landscape Plans

3. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. The plan must show the following:

3.1 A survey (including botanical names) of all existing vegetation to be retained and / or removed.

3.2 Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.

3.3 The identification and removal of all vegetation identified as an environmental weed in Knox (as outlined in Appendix 2 of Council’s Landscape Guidelines for Planning Permits).

3.4 Details of the surface finishes of pathways and driveways.

3.5 A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

3.6 Landscaping and planting within open space areas of dwellings.

3.7 Landscaping and planting within all public areas of the site.

3.8 Application of water sensitive urban design principles. (This may involve selection of appropriate plant species that are drought tolerant and indigenous to the local area).

3.9 Appropriate landscaping to support any selected stormwater quality works depicted on endorsed drainage plans.

3.10 The plans must also show the provision of eleven (11) additional indigenous or native canopy trees and at least 40 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits.



There must be at least five (5) canopy trees located in the front setback and at least two (2) must be larger canopy trees such as Eucalyptus melliodora. Canopy trees must be at least two metres tall when planted. Trees are not permitted to be planted within easements. Side and rear boundaries must be screened with large native shrubs. To the satisfaction of the Responsible Authority.

4. Before the occupation of the development, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

5. The landscaping shown on the endorsed plan must be maintained to the satisfaction of the Responsible Authority.

Sustainable Design Assessment

6. Prior to the commencement of any buildings or works, a Sustainable Design Assessment detailing Sustainable Design initiatives to be incorporated into the development must be submitted to and approved by the Responsible Authority. The Sustainable Design Assessment must outline the proposed sustainable design initiatives to be incorporated throughout the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection, to the satisfaction of the Responsible Authority.

7. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment approved by the Responsible Authority.

Waste Management Plan

8. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste storage and collection will be undertaken on site wholly within the confines of the site, including the operation of the garbage and recyclables storage area, to the satisfaction of the Responsible Authority.

Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.


Recommendation (cont’d) General

9. All development must be in accordance with the endorsed plans.

10. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

11. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

12. Prior to the occupation of the dwellings the development is to be completed in accordance with the endorsed plan/s to the satisfaction of the Responsible Authority.

Car Parking and Traffic

13. Before the new dwellings are occupied, driveways and car parking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.

14. Parking areas and driveways must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

15. The driveway and carparking areas associated with the proposed dwelling as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.

16. Redundant vehicle and pram crossovers shall be removed and the footpath, nature strip and kerbing reinstated to the satisfaction of the Responsible Authority.

17. All structures (including letter boxes, landscaping, fencing and meter boxes) should be constructed to a maximum height of 900mm or relocated clear of a splayed area (2 metres x 2.5 metres into site) in accordance with AS 2890.1 Clause 3.2.4.

18. For pedestrian safety, low height or bollard type lighting should be installed along access ways in accordance with AS1158.

Stormwater

19. Stormwater runoff from all buildings and hardstanding surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.



Fencing

20. Prior to the occupancy of the development all fencing shall be in a good condition to the satisfaction of the Responsible Authority.

21. All fencing costs are to be borne by the developer/owner.

External materials

22. The external materials of the development hereby permitted (including the roof) shall be non-reflective and finished in subdued tones and/or colours to the satisfaction of the Responsible Authority.

Street Tree Removal

23. All works associated with the removal and replacement of the street tree/s must be undertaken by Council and the owner/developer must bear all costs associated with these works. The owner/developer must pay all costs to Council prior to the commencement of any works approved under this permit.

Amenity during construction

24. Upon commencement and until conclusion of the development, the developer shall ensure that the development does not adversely affect the amenity of the area in any way, including:

24.1 the appearance of building, works or materials on the land

24.2 parking of motor vehicles

24.3 transporting of materials or goods to or from the site

24.4 hours of construction

24.5 stockpiling of top soil or fill materials

24.6 air borne dust emanating from the site

24.7 noise

24.8 rubbish and litter

24.9 sediment runoff.

Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.



Permit Expiry

25. This permit will expire if one of the following circumstances applies:

25.1 The development is not started within two years of the date of this permit.

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

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

NOTES Drainage Notes (to be read in conjunction with the above drainage conditions):

• Tc = 24 minutes; Tso = 17 minutes

• The total Permissible Site Discharge for the property including all dwellings is 11.7L/s to the existing Council drainage system for a 5 year ARI event.

• No structure or trees are to be built over an easement vested in Council, or any drainage asset not in an easement within the property without Council consent.

• Drainage works in the Road reserve or in the Council easement will require a road opening permit.

• Floor levels are to be designed appropriately and raised above the natural ground surface level to provide protection from any possible flooding, which may occur within the development.

• All utility services (e.g. Drainage, Sewer) are to be verified onsite by Applicant/Developer prior to commencement of any works.

Other Notes:

• In accordance with Council policy, an 8.5% public open space contribution may apply in the event of the subdivision of the land.

• Indigenous plants can be purchased through approved indigenous nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.

• Raised concrete slabs on the existing footpath fronting the site should be grounded.


COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. PEARCE

That were Council in a position to make a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Notice of Decision to Refuse a Planning Permit for the development of a three (3) storey apartment building containing thirty six (36) dwellings and basement car parking, and creation/alteration of access to a Category 1 Road at 1114-1116 Stud Road, Rowville, on the following grounds:

1. The proposal is inconsistent with the direction of Clause 21 (Municipal Strategic Statement) and Clause 22.07 (Neighbourhood Character) and Clause 22.10 (Housing) in proposing a built form which fails to consider neighbourhood character, particularly with regard to the prevailing building height patterns, front setback, visual bulk impact and canopy tree planting opportunities.

2. The proposal is inconsistent with the direction of Clause 16.02 (Housing), Clause 21.07 (Municipal Strategic Statement), Clause 22.10 (Housing) and Clause 52.29 (Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road) with regard to adverse traffic impacts on surrounding streets and intersections.

3. The proposed development is inconsistent with Clause 22.10 (Housing) in particular that there is no access to frequent public transport services between 6.00 am and 11.00pm daily, seven days a week.

4. The proposed dwellings will result in unreasonable amenity impacts to adjoining properties.

5. The proposal is inconsistent with ResCode (Clause 55) specifically, side and rear setbacks, front setback, dwelling diversity, and landscaping (particularly within the side setbacks).

CARRIED


SUBSEQUENT MOTION

MOVED: CR. VAN DE VREEDE SECONDED: CR. PEARCE That Council 1. Request an urgent meeting with:

• the Premier of Victoria, the Honourable Ted Baillieu, • the Minister for Public Transport and Minister for Roads, the

Honourable Terry Mulder, • the Treasurer and Member for Scoresby, the Honourable Kim

Wells, and • the Member for Ferntree Gully, Mr Nick Wakeling

with the aim of urging the State Government to fast track the planning, funding acquisition and subsequent construction of the Rowville Rail line, Dandenong Line improvements and metro tunnel and urgently further improve local bus services. The meeting is to outline the Council’s concerns relating to the Liveability impacts resulting from increasing development densities while Public Transport choice remains seriously deficient. The meeting is also to outline the vulnerability that Rowville and Lysterfield families, employees and businesses face as congestion and fuel prices continue to rise while, at the same time, real transport choice is limited to the Private motor vehicle.

2. Request an urgent meeting with local Federal members of

Parliament that cover Knox and surrounding areas aimed at requesting those members to start the process of lobbying the Federal Government for Federal funding to assist with further investigations, design and the alternate construction of the Rowville Rail line, Dandenong line improvements and the metro rail tunnel.

CARRIED


TIRHATUAN WARD

6.4 APPLICATION TO DEVELOP THE LAND FOR A TWO (2) STOREY APARTMENT BUILDING CONTAINING TEN (10) DWELLINGS AND BASEMENT CAR PARKING AT 9 STAMFORD CRESCENT, ROWVILLE Melway Ref. 81 J1 (Application No. P/2011/6475)

1. SUMMARY:

Land: 9 Stamford Crescent, Rowville Applicant: ABP Consultants Pty Ltd Proposed Development: Development of the land for a two

storey apartment building containing ten dwellings and basement car parking

Existing Land Use: Single Dwelling Area/Density: 977m2 / 1:97.7m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement (MSS)

Housing Policy Neighbourhood Character

Application Received: 8 December 2010 Number of Objections: Advertising undertaken by VCAT

direction PCC Meeting: Not Applicable Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT. Public notification of the application was undertaken at the direction of VCAT. Plans were available for viewing at Council’s offices; however, objections or comments are to be lodged with the Tribunal. The application is scheduled to be heard by VCAT on 26 September 2012.

The proposal is considered to be compatible with its activity centre setting, the zoning of the land, as well as the preferred Garden Suburban neighbourhood character.

On balance it is considered that the proposal responds adequately to State and Local Planning Policies, and it is recommended, if Council were in a position to make a decision on the amended plans, that a Planning Permit be issued subject to conditions.

76 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.4 9 Stamford Crescent, Rowville (cont’d)

2. BACKGROUND

2.1 Background

The Stud Park Structure Plan (Stage 2), which seeks to provide direction for future development within the broader areas surrounding the Stud Park Shopping Centre was adopted by Council in June 2010 and, as an approved plan, provides guidance to Council in assessing development applications within the Structure Plan area.

On 27 April 2011, Council resolved to review the Stud Park Structure Plan – Stage 2 and adopt an interim height limit of 3 storeys (9 metres) in the proposed Substantial and Moderate Change areas. The Council resolution is as follows:

“That Council:

6. Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

7. Conduct a review of the Stud Park Structure Plan (Stage 2) focusing on objectives and planning guidelines relating to built form outcomes in the proposed Substantial and Moderate Change areas to provide greater certainty.

8. Adopt an interim 3 storey height limit (9 metres) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

9. Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure that the findings are consistent with the Housing Policy review currently underway.

10. Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.”

Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed State and Local Planning Policies, including the Neighbourhood Character Policy at Clause 22.07 and the Housing Policy at Clause 22.10.

The following report reflects this direction of assessment.




• The subject site is rectangular in shape, located on the eastern side of Stamford Crescent, Rowville. The site has an overall area of 977m2 with a frontage to Stamford Crescent of 20.18 metres. A single storey dwelling and associated outbuildings occupy the site. One larger tree is located to the rear of the existing dwelling.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area contain a mix of single and double storey brick dwellings. Stud Park Shopping Centre is located 100 metres (as the crow flies) to the east of the site, with the site and surrounding area located within the Stud Park Activity Centre.

• One large exotic tree is to be removed from the site.

2.3 The Proposal


The applicant proposes to remove the existing dwelling and construct 10 dwellings within a two storey apartment building. Details are as follows:

• 10 dwellings each containing two bedrooms. All dwellings are provided with amenities, kitchen and open plan living / meals area and a balcony. Communal open space areas are provided by way of a communal balcony and an open space area to the rear of the building. The building will have a maximum height of 7.9 metres.

• A basement car park, accessed via a crossover in the southwest corner of the site containing 10 car parking spaces for residents and 2 car parking spaces for visitors. Storage, waste and bicycle parking spaces are also located within the basement level.

• All vegetation is proposed to be removed from the site to facilitate the development.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on the site and notices were sent to adjoining property owners and occupiers in accordance with the VCAT direction. This was undertaken by the applicant.

Council will not receive objections to the proposal as the matter is currently awaiting a hearing at VCAT on 26 September 2012.


3.2 Referrals

The application has been referred to internal departments for comment. The following is a summary of relevant advice:

Traffic Engineer

• Car parking spaces should be 5.4 metres long.

• The gate/entrance to be a minimum 3 metres wide.

• The visitor’s car parking space to be available at all times.

• The ramp to the basement can achieve a 1:20 grade.

• All cars to be able to exit the site in the forward direction.

Drainage Engineer

• Standard conditions to be included on any permit issued.

Strategic Planning


Waste

• Waste storage and collection will need to be undertaken within the confines of the site by a private contractor.

Arborist

• The small Eucalypt species in the north west corner of the site should be removed as it is malformed and in poor condition.

• The large tree to the rear of the existing dwelling is a White Cedar and is not considered to be a significant species. The tree can be replaced with native species in the front or rear setback.


4. DISCUSSION



4.1.1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a Planning Permit is required to construct more than one dwelling on a lot.




Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

• The building has been designed to be energy efficient with a skillion roof and clerestory windows facing north. The design is not considered to be overly bulky, provides acceptable setbacks, and areas for landscaping.

Clause 15.02 Sustainable Development – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.


• The design and skillion roof form will allow for the efficient heating and cooling of the dwellings and create a more sustainable outcome that is less energy dependant. However, a condition on any permit issued should remove the skylights from the roof as they are not an energy efficient or sustainable outcome. Permit conditions should require submission of a Sustainable Design Assessment.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.


• Housing choice – The provision of two bedroom dwellings provides a form of housing currently not common in the area and contributes to a greater choice of housing options.

• Integration with infrastructure – As detailed in Section 3.3 above, the development is considered to be satisfactorily integrated into the existing road network. Drainage plans will be required as a condition of any permit issued.

• Energy efficiency – This has been discussed at Clause 15.02

• Location – The site is located within 400 metres walking distance of the Stud Park shopping centre and public transport.

Clause 18 Transport – Ensure that access is provided to all available modes of transport.

• The site is located 240 metre walking distance to the Stud Park Shopping Centre, which is located on Stud Road and forms part of the Principal Public Transport Network (PPTN).

• Smart Bus routes 901 and 900 runs along Stud Road, with the closest bus stop located approximately 100 metres to the south of the site. The 900 service runs between Rowville and Caulfield from 5am to midnight between two to four times an hour on weekdays, between 6am to midnight twice an hour on Saturdays, and between 7am to 10pm twice an hour on Sundays. The 901 service runs between Frankston and Melbourne Airport from 5am to midnight between two to five times an hour on weekdays, from 6am to midnight twice an hour on Saturdays, and from 7am to 6pm twice an hour on Sundays.


• Bus route 691 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Boronia and Waverley Gardens from 6am to 7:30pm twice an hour on weekdays, from 7:30am to 6pm once to twice an hour on Saturdays, and from 7:45am to 6pm hourly on Sundays.

• Bus route 754 runs along Stud Road and out of Stud Park Shopping Centre. The service runs between Rowville and Glen Waverley from 6am to 9pm between one and four times an hour on weekdays, from 8:20am to 9pm at hourly intervals on Saturdays, and from 9am to 9pm at hourly intervals on Sundays.

• Bus route 681 operates an occasional service along Stud Road, with the closest bus stop located approximately 300 metres walking distance from the site. The one-way service runs between Lysterfield and Knox City at less than hourly intervals from 6:35am to 9pm.

4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in an Activity Centre. The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The double storey built form of the development is consistent with the design objectives of the Garden Suburban Precinct.

• The development is visually interesting and good quality architecture when viewed from Stamford Crescent and adjoining properties.

Clause 22.07 Neighbourhood Character: – While the site is located within a structure plan area, given the pending review of the structure plan, no weight can be given to it in the assessment of this application. As a result, assessment must then be made against the Neighbourhood Character Policy and other policies.


Within the Neighbourhood Character Policy, the site is specified as being in a Garden Suburban Precinct. The desired character of this area is for “Low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”. Design objectives of the Garden Suburban Precinct are as follows: To retain the tall trees.

• One larger tree will be removed from the site to accommodate the proposed building. The development provides a setback that is suitable to accommodate 2 new canopy trees. The tree to be removed has been assessed as not being a significant species and could be replaced with native species within the front or rear setbacks.

To maintain the continuity of garden character between dwellings. • The proposed development provides side and rear setbacks

reasonably consistent with those in the surrounding area. This maintains the appearance of two large double storey dwellings when viewed from Stamford Crescent and maintains the rhythm of spacing between dwellings. In addition the front setback is large enough to accommodate planting of canopy vegetation.


• The building is not excessive in height or bulk and would appear as a large two storey dwelling from the street. Given the setback is large enough to allow for canopy planting, the building is not expected to dominate the street.


• All car parking is located in the basement to avoid dominating the appearance of the site.

• The 7 to 7.8 metre front setback to the development is, given the location of the site within an activity centre, suitable subject to a requirement for additional canopy tree planting.


Clause 22.10 Housing: Apartment style residential development The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households by 2030.

It is policy that:

Apartment and multi-storey mixed use style housing development be encouraged in the Business Zones within the principal and major activity centres.

• The proposed apartment development is not located within the Business Zone of a principal or major activity centre.

If an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The proposed development is consistent with the 3 storey / 9 metre height limitation pursuant to the Council resolution of 27 April 2011 as the development has a maximum height of 7.9 metres.

Before deciding on an application, the responsible authority will consider, as appropriate, whether: The proposed housing will contribute to a diversity of housing in Knox.

• The proposed development incorporates two bedroom dwellings, a form of housing not common in the area.

There is access to frequent public transport services between 6.00am and 11.00pm daily, seven days a week. • The subject site is not located to take advantage of frequent public

transport services between 6.00am and 11.00pm daily, seven days a week.

The proposed development makes a positive contribution to the desired future urban fabric, amenity and neighbourhood character. • The development can make a positive contribution to the desired

Garden Suburban neighbourhood character for the reasons detailed in the assessment against Clause 22.07 above.


The proposed development is consistent with a relevant endorsed structure plan or urban design framework. • The Stud Park Structure Plan (Stage 2) has no weight in the

consideration of the amended proposal.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas. • An assessment of the proposed development against these aspects

is provided at Section 4.3 of this report. Alterations to improve the amenity of the development will be imposed on any permit issued.

4.2.3 Stud Park Structure Plan (Stage 2)

Given the decision of Council to Review the Stud Park Structure Plan (Stage 2) and the location of the site in a Substantial Change area; no weight is given to the Plan or Design Guidelines in the assessment of this application and instead, the application must be assessed against the Neighbourhood Character Policy at Clause 22.07.




Neighbourhood Character – Generally complies. Refer to Section 4.2.2 above. Residential Policy – Generally complies. Refer to comments above at Section 4.2.2.

Infrastructure – Complies


Street Setback – Non compliance. ResCode stipulates a minimum setback of 7.5 metres in this instance. The proposed development provides a front setback of 7.04 to 7.8 metres. The minor encroachment of the foyer area into the setback is not considered to be detrimental to the streetscape as there is adequate area available for meaningful landscaping.



Site Coverage – Non compliance, 61.9% of the site will be covered by buildings which exceeds the 60% site coverage standard of ResCode. However this is a minor encroachment and given the site permeability of 30.7% is in excess of the required 20%, and there is space for adequate landscaping, the outcome is considered to be acceptable.

Permeability – Complies

Energy Efficiency – Can comply. The building has been designed with good northern orientation and a skillion roof with clerestory windows allowing winter sunlight into the southern units. This will allow sunlight in during winter to reduce heating requirements, and will be shaded while the sun is in the summer solstice to ensure the units do not overheat. However, the proposed skylights should be removed from all units as these serve only to allow heat straight into the unit during summer, and let heat out during winter, placing a greater requirement on heating and cooling systems and therefore increased energy consumption. A sustainable design assessment should be required as a condition on any permit issued.

Landscaping – Complies. A condition on any permit issued should require a landscape plan to the satisfaction of the Responsible Authority.

Access – Complies.

Parking provision and location – Complies.

Amenity Impacts

Side and rear setbacks – Complies.

Walls on boundaries – Complies.

Daylight to existing windows/north facing windows – Complies.

Overshadowing open space – Complies.

Overlooking – Can comply. Conditions on any permit issued should require that all overlooking windows and balconies be adequately screened to a minimum 1.7 metres above floor level.

Internal views – Complies

Noise – Complies



Daylight to new windows – Complies


Solar access – Complies.

Storage – Complies

Front fence – Complies

4.4 Financial Implications

There are no direct costs to Council apart from provision of the usual domestic services.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is appropriate given the following:

• The development is consistent with State Policy, Clause 21.07 (Municipal Strategic Statement), Clause 22.07 (Neighbourhood Character) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The functional and energy efficient design of the roof will ensure a sustainable outcome and reduced energy usage for ten new dwellings subject to the removal of skylights.

• The development is generally compliant with ResCode subject to conditions that should be placed on any permit issued.

6. CONFIDENTIALITY


RECOMMENDATION

That were Council in a position to make a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Planning Permit to develop the land for a two storey apartment building containing ten dwellings at 9 Stamford Crescent, Rowville, subject to the following conditions:



Amended Plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 Skylights to be removed from the design.

1.2 Clerestory windows to all southern units marked clearly on the plans.

1.3 Shading devices to all north facing windows.

1.4 Car parking spaces to be 2.6 metres by 5.4 metres long and clearly dimensioned on the plans. Access widths to be dimensioned on the plans.

1.5 Floor layouts and rooms to be labelled.

1.6 All cars able to exit the car park in a forward direction using a single three point turn.

1.7 The entrance to the car park to be a minimum 3 metres wide.

1.8 Balconies to be screened to a minimum height of 1.7 metres above finished floor level.

1.9 A schedule of colours and materials.

1.10 The location and dimensions of letter boxes and meter boxes to be shown on the plans. Not structures above 900mm are to be located within the driveway sightline splay area. The meter box shall not be located within this area. Letter boxes must face the street.

1.11 Drainage plans in accordance with Condition 2.

1.12 Landscape plans in accordance with Condition 3.





to the satisfaction of the Responsible Authority.

Drainage

2. Prior to commencement of any buildings or works, three copies of drainage plans and computations must be submitted to and approved by the Responsible Authority. Construction of the drainage is to be in accordance with these plans. The plans must show the following:

2.1 All stormwater drainage discharge from the site connected to a legal point of discharge.

2.2 The internal drains of the dwellings to be independent of each other.

2.3 An on-site detention system designed by a suitably qualified Civil Engineering Consultant to ensure no net increase in stormwater discharge from the proposed development.


2.5 A suitable overland flow path for the entire site to the satisfaction of the Responsible Authority. Details of the overland flow path are to be included on the plans.



Landscaping

3. Prior to the commencement of any buildings or works, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must show:

3.1 A survey (including botanical names, height and width) of all existing vegetation to be retained and / or removed.




3.3 Buildings and trees (including botanical names, height and width) on neighbouring properties within three metres of the boundary.


3.5 Details and location of all existing and proposed services including above and below ground lines, cables and pipes.


3.7 Landscaping and planting within all open areas of the site (including additional planting within open space areas of the existing dwelling/s).

3.8 The plans must also show the provision of at least 4 additional indigenous or native canopy trees and at least 12 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be a minimum two metres tall when planted.



5. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority. Any dead, diseased or damaged plants are to be replaced.

General







10. All walls on the boundaries of adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.




12. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation, and must be undertaken by a private contractor, to the satisfaction of the Responsible Authority. Council will not collect waste from the proposed development.

Car Parking & Accessways

13. Before the dwellings are occupied, driveways and carparking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.




15. Visitor spaces are to be accessible to the public at all times.

Fencing

16. All costs associated with the provision of the fencing are to be borne by the owner/developer under this permit.


Amenity During Construction


18.1 the appearance of building, works or materials on the land

18.2 parking of motor vehicles

18.3 transporting of materials or goods to or from the site

18.4 hours of operation

18.5 stockpiling of top soil or fill materials

18.6 air borne dust emanating from the site

18.7 noise

18.8 rubbish and litter

18.9 sediment runoff


Stormwater




Permit Expiry





NOTES

Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to

analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

• For all Tc and Tso calculations, please contact Council’s Drainage Department on telephone number 9298 8147.

• Applicant is to direct all stormwater to the north west of the property as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

• The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.


• Drainage system designed so as to avoid impact on any vegetation shown on the endorsed plans as being retained.



• Water Sensitive Urban Design (WSUD) should be addressed as part of this development, eg water storage tanks, swale drains, etc.

Other Notes:

• Council encourages the consideration of water storage tanks for all existing and proposed residential developments.

• A building permit must be obtained before development is commenced.

• Buildings are not allowed to be built over Council easements.

• The dwelling/s must achieve a minimum 6-Star Energy Rating.


• Dwelling numbers as shown on the endorsed plans do not necessarily indicate any future street numbers. Property (street) numbering shall be in accordance with Council’s Property (Street) Numbering Policy. Information regarding this can be obtained from Council’s Property and Revenue Services Department on 9298 8215.

• All letterboxes shall face towards the street frontage and if located adjacent to the driveway the letterboxes and any associated structures shall not be greater than 900mm in height.

• Internal public lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158. This would generally be low height or bollard type lighting to avoid spill-over into adjacent properties. It may be sensor activated, to avoid all night running costs.


• All litter and rubbish associated with the construction must be contained on site at all times.


COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. PEARCE

That were Council in a position to make a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Notice of Decision to Refuse a Planning Permit for the development of a two (2) storey apartment building containing ten (10) dwellings and basement car parking at 9 Stamford Crescent, Rowville, on the following grounds:

1. The proposed development is not considered to be consistent with Council’s Housing Policy (Clause 22.10).

2. The design of the proposed development is not considered to be consistent with Council’s Neighbourhood Character Policy (Clause 22.07).


4. The proposal is inconsistent with ResCode (Clause 55) specifically, side and rear setbacks, front setback, dwelling diversity, and landscaping (particularly within the side setbacks).

CARRIED


TIRHATUAN WARD

6.5 DEVELOPMENT PLAN FOR THE FURTHER DEVELOPMENT OF THE CARIBBEAN BUSINESS PARK AT Lot 1, CARIBBEAN DRIVE, SCORESBY, Melway Ref. 72 F8

This report assesses the proposed Caribbean Business Park Development Plan, including its consistency with State and Local Planning Policies and the Development Plan Overlay 6. In light of these policies, the proposed Development Plan is considered to be consistent with State and Local Planning Policies and the DPO6. This report recommends that the Caribbean Business Park Development Plan (dated January 2012) be approved by Council.

1. SUMMARY:

Land: Caribbean Business Park Applicant: Tract Consultants Pty Ltd (on behalf of

Dalmore Park Pty Ltd) Existing Land Use: Business Park and Market Area/Density: 189 Hectares Zoning: Business 3 Zone

Urban Floodway Zone Overlays: Development Plan Overlay 6

Vegetation Protection Overlay 1 Land Subject to Inundation Overlay Aboriginal Heritage Regulations 2007

Local Policy: Clause 21.07 Economic Development Clause 22.02 Industrial and Restricted Retail Sales Area Design Clause 22.08 Scoresby-Rowville Employment Precinct

Application Received: 21 July 2011 Assessment:

The proposed Development Plan complies with the purpose of the State and Local Planning Policies, Business 3 and Urban Floodway Zones, and requirements of the Development Plan Overlay Schedule 6. It is recommended that Council approve the Caribbean Business Park Development Plan, subject to minor modifications and approval of a Transport Plan.

106 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.5 Caribbean Business Park Development Plan (cont’d)

2. BACKGROUND

2.1 Site

The location of the site is shown in Appendix A.

• The subject site comprises several allotments comprising a total 189 hectares which are occupied by the Caribbean Business Park and Gardens.

• The Business Park occupies the northern half of the site and currently contains around 28 industrial/warehouse buildings occupied by different tenants. Along the southern and western boundaries of the site are situated Lake Caribbean, a man-made water body, and Corhanwarrabul Creek. The Caribbean Market pavilions are situated on the north western line of the lake and comprise covered canopies which host markets on Wednesdays, Fridays and Sundays. A service centre with access to the southbound lanes of EastLink is currently being constructed along the western boundary of the site. The balance of land at the south western portion of the site is vacant, except for constructed wetlands at the southernmost portion.

• Vegetation onsite largely comprise planted, exotic species. A series of wetlands have been constructed on the northern edge of Corhanwarrabul Creek at the southern portion of the site.

2.2 History

In 2004, Amendments C22 and C23 were introduced to the Knox Planning Scheme and established a policy framework for the Scoresby-Rowville Employment Precinct in order to create “a high amenity employment precinct for production economy related activities with a primary focus on research and development, industry/technology and warehouse/distribution”.

Amendment C22 applied the Development Plan Overlay – Schedule 6 (DPO6) to land including the Caribbean estate.

In 2008, following a request from Caribbean Park and St Hillier’s Group, Amendment C73 was gazetted and amended planning controls applying to the Precinct. Changes to the Knox Planning Scheme included:

• Removal of restrictions on office floor area.

• Specification that the neighbourhood activity centre is to be located within the vicinity of the current Caribbean Market site.

• Removal of a prohibition on access to and from EastLink.


2.3 The Surrounding Area

• Scoresby Industrial Park (Slough Estate) – Adjoining the estate to the north east is an industrial/warehouse precinct comprising a mix of larger premises and smaller warehouse buildings.

• Stamford Park and Enterprise Business Park – Adjoining the estate to the south east are parklands and a heritage precinct surrounding Stamford House, owned and managed by Knox City Council and with future development guided by the Stamford Park Master Plan which was adopted by Council on 22 February 2011. Further to the south lies the Enterprise Business Park, a relatively new subdivision with lot sizes greater than 5,000m2 in which development is guided by an approved Development Plan.

• Stud Park Major Activity Centre – 1 kilometre to the south east is situated Stud Park shopping centre, bus interchange and Residential 1 zoned land which is designated for an increased density of residential development.

• Kingston Links Golf Course – On the opposite bank of Corhanwarrabul Creek to the south of the site is situated 67 hectares of golf course land.

• West – The western boundary of the estate is bounded by the EastLink tollway, beyond which are the Dandenong Valley Parklands.

2.4 The Proposal

Overview

The Development Plan (DP) (January 2012 version) provides a framework for the staged development of Caribbean Business Park, designates the proposed location of a Neighbourhood Activity Centre for the Scoresby Rowville Employment Precinct, and describes and plans for the different land uses, road connections and other physical infrastructure.

The Development Plan designates various areas within the Caribbean Business Park and Gardens area effectively breaking them down into the following development areas:

Stage 1 – Existing Development (74 hectares)

The established northern portion of the Caribbean Business Park is the largest of the four precincts. The 74 hectare precinct contains 27 existing industrial/warehouse buildings with 214,000m2 of floor area. The development format of this precinct is characterised by large, standalone buildings with car parking areas to the front or side and landscape buffers of approximately 12 metres containing occasional, exotic plantings.


The Development Plan anticipates that the area will evolve to accommodate a greater emphasis on high-end technology over the long term.

Stage 2 – Office Park (49 hectares)

The Development Plan allocates 49 hectares for a high amenity industrial/office park environment which will be able to capitalise on views towards Lake Caribbean and beyond, access to the parkland and Neighbourhood Activity Centre, and direct access to EastLink.

The precinct will be characterised by its exceptional amenity and built form will be of a quality to complement this. Future uses will comprise high quality industrial/business uses catering for high end information technology, research and development, as well as warehouse and distribution uses which are Section 1 (as of right) uses within the Business 3 Zone.

Stage 3 – Neighbourhood Activity Centre (NAC) (9 hectares) The current site of the Caribbean Market and north eastern banks of Lake Caribbean are intended to form part of a high amenity precinct providing services and facilities for the workforce in the surrounding Caribbean Business Park.

The NAC will include retail (e.g. a small supermarket), food and drink takeaway, restaurants and other public activities along the waterfront. The NAC will be oriented towards the lake and the open space corridor and will provide generous landscaping, recreation, public areas and connections to existing and future pathways.

The Development Plan anticipates that a site specific rezoning to a Business 1 Zone will be required, as the current Business 3 zoning requires planning permission for uses such as retail and food and drink premises and prohibits the use of land for shops.

The NAC precinct will include the following principles:

• The built form will establish the centre’s identity and respond to the natural features of the Lake and surrounds,

• Urban art, sculpture and water fountains will be integrated within the public realm,

• The design and layout of buildings will front, interact and reinforce the public realm and activate public spaces,

• Buildings will be designed to accommodate a range of uses that serve the needs of businesses and employees in the Precinct, and

• A safe pedestrian environment.


Stage 4 – Open space and Wetlands (56 hectares)

The south west portion of the site will incorporate the existing wetlands as well as features set out by Melbourne Water, including:

• Floodplain reclamation along the northern boundary of the wetlands.

• Reclamation of the narrow backwater formed along the EastLink roadway at the southwest quality,

• Enhancement of the wetland area.

3. CONSULTATION

3.1 Community Consultation

There is no statutory requirement to provide Public Notice in relation to a Development Plan.

However, Council sent out a letter to over 100 owners and occupiers in surrounding areas on 19 August 2011 outlining that Council had received a Development Plan application for the site and providing details of where and when the Plan could be viewed.

Council received no responses to this letter.

The Development Plan outlined in this report, including recommended changes detailed below, have been discussed and agreed to by the applicant.

3.2 Referrals

The application has been referred to the Department of Transport, VicRoads, Connect East, Melbourne Water and internal departments for comment. The following is a summary of relevant advice:

VicRoads

• The Development Plan can be approved subject to the following condition:

“As part of the 2020 Transport Plan Review, an assessment of the likely impact of the full build-out of the Business Park on the operation of access facilities to Ferntree Gully Road and Stud Road shall be undertaken and, where required a programme of improvement works shall be proposed to the satisfaction VicRoads and the Responsible Authority.”


• Comments provided by ConnectEast are re-stated.

Officer response The above requirements will be incorporated into any approval of the Development Plan as requested by VicRoads.

Department of Transport


• Should alternative access to the Stage 2 Business Park via the Caribbean Market/ Stud Road intersection require installation of traffic signals, the developer will need to provide a queue jump bus lane on each of the Stud Road approaches and other bus prioritisation measures to mitigate delays to bus services.

• The first stage of the Rowville Rail Study investigating the feasibility of a 12 kilometre rail line between Huntingdale Station and Rowville will be completed in early 2012.

Officer response The above requirements will be incorporated into any approval of the Development Plan.

Connect East

A Transport Plan should be approved by the Department of Transport, Roads Corporation and the Responsible Authority to show:

• Primary vehicle access to Caribbean estate should be from the arterial road network, which should require a developer-funded upgrade to the Ferntree Gully Rd/Caribbean Drive intersection and ramp metering on EastLink.

• Any future pedestrian and cycle path connection across EastLink to require approval by Connect East.

General subdivision and development conditions are also provided.

Officer response It is noted that Connect East is not a formal referral authority. It is recommended that the requirement that primary vehicle access to the estate be from the arterial road network be incorporated into any approval of the Development Plan. No consensus has been reached however, between Connect East and the Caribbean estate management in relation to ramp metering on EastLink. It is recommended that this matter be resolved via commercial agreements and should not be included within the Development Plan.


Melbourne Water

• No objections received.

Strategic Planning and Economic Development Department

• No objections, subject to provision of a shared pathway across Corhanwarrabul Creek into Stamford Park.

Drainage Engineer

• Melbourne Water is the responsible authority for drainage.

• Water quality improvement systems should be considered in the development.

Sustainable Design Officer

• A precinct wide ESD section should be incorporated into the development plan. This section should acknowledge the constructed wetlands to the south-west corner of the site and Melbourne Water’s advice regarding the treatment of nitrogen and phosphorous

Officer response Minor modification of Section 3.9 ‘Environmentally Sustainable Design’ addresses the above comment. The Development Plan seeks to incorporate “current best practice” sustainability measures into development.

Council Arborist

(Council’s Arborist inspected only the northern banks of Lake Caribbean)

• Vegetation in this area comprises of a mix of planted native and exotic vegetation. A permit is not required to remove any of this vegetation.

4. DISCUSSION

This section considers the proposed development in light of the provisions of the Knox Planning Scheme including local planning policies, any other relevant policies and objectives.

4.1 State Planning Policy Framework

Clause 15.02 Sustainable Development – To ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.


• Individual planning applications for new buildings will require submission of a Sustainable Design Assessment to demonstrate that development achieves a high level of sustainability. On a broader scale, the DP has committed to future development seeking to attain current best practice and provides scope for a future loop bus service and other measures to

reduce car travel by estate users. A Transport Plan further specifies transport and sustainability measures approved by the relevant transport authorities and Green Travel Plans will be sought as part of future planning permit conditions for individual development applications.

Clause 15.03-2 Built Environment and Heritage – To assist the conservation of places that have natural, environmental, aesthetic, historic, cultural, scientific or social significance.

• Lake Caribbean and the wetlands at the southern half of the Caribbean Estate were constructed by the current owners and involved significant ground disturbance. Aboriginal Cultural Heritage Plans are unlikely to be required for future development within close proximity to the watercourses; however, will be addressed by either development-specific Cultural Heritage Management Plans or one covering the estate as a whole.

Clause 17 Economic Development – To locate commercial facilities in existing or planned activity centres; to ensure the availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity.

• The DP will facilitate the sustainable development of production-economy related uses and provide for additional land supply in a growing business precinct. The DP lays out measures that will allow for good accessibility to the site, including the planned Neighbourhood Activity Centre, from the surrounding area and key locations such as Stamford Park. Access will be via a myriad of modes; private and heavy vehicles, bicycles, pedestrian and bus traffic. Future developments will be required to achieve high levels of sustainability and design quality.


• The DP focuses on encouraging sustainable transport outcomes with an emphasis on connections from, and access to, public transport, bicycle and pedestrian links whilst continuing to provide necessary private vehicle use. A key link and inclusion in the DP is the shared path through the Business Park and over the Corhanwarrabul Creek to ultimately connect with Stamford Park. The Transport Plan (Section 3.11 of the DP) identifies that the existing street network within the Estate is able to support any


anticipated future demand for bus services. Demand for bus services and viability of transport options (such as public transport or a shuttle bus service) will be reviewed in 2020 or near the completion of Stage 3 (whichever occurs sooner), to determine whether a ‘critical mass’ of users exists within the Estate to support the bus route.

• Currently, the Estate has good access to Stud Road and Ferntree Gully Road, which are designated as Principal Bus Routes forming part of the Principal Public Transport Network (PPTN). EastLink is a proposed Principal Bus Route within the PPTN. The following bus routes are available from bus stops adjacent to the entry/exit points to the Caribbean Estate:

- No. 754 along Ferntree Gully and Stud Roads which provides an hourly service between Stud Park Shopping Centre and Glen Waverley Railway Station from 6am to 9pm on weekdays, from 8am on Saturdays, and 9am on Sundays.

- No. 693 along Ferntree Gully Road which connects Belgrave and Oakleigh Railway Stations. The service operates three times an hour

from 6am to 9pm on weekdays and hourly from 8am to 9pm on weekends.

- No. 753 along Ferntree Gully Road which connects Glen Waverley and Bayswater Railway Stations via Wheelers Hill, Knoxfield and Boronia. The service operates two or three times an hour between 6am and 9pm, hourly between 7am and 9pm on Saturdays, and hourly between 9am and 9pm on Sundays.

- Nos. 681 and 682 along Stud Road which are one-way services connects Lysterfield and Knox City via Wantirna, Scoresby and Rowville in a one-way direction. The service runs once to twice an hour between 6am to 8pm on weekdays and less than hourly between 8am to 5pm on weekends.

- No. 901 SmartBus service along Stud Road which runs between Frankston and Melbourne Airport via Dandenong, Stud Park, Knox City, Ringwood, Blackburn, Doncaster East, Greensborough, Epping, Roxborough Park and Broadmeadows. The service runs from one to four times an hour between 5am to midnight on weekdays, twice an hour from 6am to midnight on Saturdays, and twice an hour between 7am to 9pm on Sundays.


4.2 Local Planning Policy Framework

Clause 22.02 Industrial and Restricted Retail Sales Development - To facilitate growth in employment by ensuring that the design of industrial and restricted retail sales development maintains and enhances the appearance of industrial areas.

• The DP will facilitate the development of production-economy related uses and provide for additional land supply in a growing business precinct. The DP provides good accessibility for the site, including the planned Neighbourhood Activity Centre, via private and heavy vehicles, bicycles, pedestrian and bus traffic. The DP also identifies the requirement for future development to achieve a high level of sustainability, landscaping and building design, which is consistent with the performance standards of Clause 22.02.

Clause 22.08 Scoresby-Rowville Employment Precinct – The policy applies to Business 3 and Public Park and Recreation zoned land bounded by Ferntree Gully, Stud and Wellington Roads and the EastLink reservation.

The aims of the policy are to encourage ‘high amenity’ production economy related businesses with a primary focus on research and development, industry/technology and warehousing/distribution uses and office / business park; to promote innovative built form and a neighbourhood activity centre; to protect nearby public open space and heritage sites; and to minimise the environmental impacts of development.

• The DP provides an indicative framework for the general siting of buildings in the context of the business park overall. How the design and siting standards of Clause 22.08 apply to individual buildings will be achieved through the details of individual planning applications. The DP makes it clear that the built form outcomes that are sought to be achieved are to be of a high quality, utilising current best practice with respect to sustainable design elements and creating a high amenity business environment and Neighbourhood Activity Centre. Sufficient buffers are provided to wetland areas to minimise environmental impacts, and upholding these buffers will also be effected through the planning permit process of individual developments.

4.3 Zoning

4.3.1 Business 3 Zone

The majority of the site is located within a Business 3 Zone. The purpose of the zone is to encourage the integrated development of offices and manufacturing industries and associated commercial and industrial uses.


The Schedule to the Business 3 Zone applies minimum floor areas to lighting shop and restricted retail uses. There are no restrictions on office floor area applicable to the Caribbean estate.

• It is considered that the proposed DP is consistent with the purpose of the Business 3 Zone.

• The neighbourhood activity centre (NAC) proposed within the Estate is considered to be consistent with the purpose of the Zone. However, the NAC would contain retail and food and drink uses which would require planning permission under the provisions of the B3Z. Use of land as a Shop would be prohibited. Council’s Strategic Planning Department has expressed support for future rezoning of the NAC area within the Caribbean Estate to a more appropriate zone, such as the Business 1 Zone, to resolve this contradiction.

4.3.2 Urban Floodway Zone

The southern boundary of the site follows the course of Corhanwarrabul Creek, and the immediate area is designated an Urban Floodway Zone (UFZ). The purpose of the zone is to identify waterways within urban areas at greatest risk of flooding; ensure development maintains the free passage of floodwater and minimises flood damage; and protect water quality and waterways.

The Schedule to the UFZ does not contain any relevant provisions.

• The Stage Plan at Fig. 3 has been amended in the latest submission of the Development Plan (March 2012) and demonstrates that land affected by an Urban Floodway Zone will be used for open space and wetlands only, due to its unsuitability as readily developable land.

4.4 Overlays

4.4.1 Development Plan Overlay – Schedule 6 (DPO6)

The intention of the Development Plan Overlay is to identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the responsible authority.

Schedule 6 to the DPO relates to the Scoresby-Rowville Employment Precinct. It requires that any development plan contain the following details, as appropriate:


Staging

• The Caribbean DP provides appropriate information regarding the staging of future development. Development of the new office park (Stage 2) is ongoing and may take 5 years to commence construction, but may vary depending on market demand. The neighbourhood activity centre (Stage 3) is anticipated to commence when the office park is between 30% to 50% complete.

• Minor modifications to Figure 3 – Stage Plan are needed to show the road access to Ferntree Gully Road.

Lot size and layout

• The DP does not provide detailed information regarding lot size, and this is considered appropriate given that the individual developments within the Caribbean Business Park are ‘built to order’ for specific clients.

• Design issues such ensuring sufficient parking within allotments will be addressed at the planning permit stage for each building proposed. However, Section 3.8 ‘Buildings and Works’ has been amended in the latest DP submission (March 2012) to include the principle that the design of individual developments aims to minimise on-street parking by providing sufficient land to allow each business to provide staff and customer parking onsite.

Land use

• The DP appropriately provides indicative locations and land allocation for future land uses.

Amenity

• The DP identifies that amenity issues will be addressed during the planning approval process for specific sites. Planning permits will contain conditions requiring protection of amenity during the construction process.

• It is also noted that issues raised by Connect East regarding amenity of the EastLink tollway are largely addressed in Section 3.8 of the DP.


Landscape / Open space

• The landscape master plan and provisions at Section 3.7 of the DP are appropriate in identifying high quality, precinct-specific landscaping for each precinct, enhancing the Lake Caribbean surrounds, protecting the creek and wetland environments at the southern end of the estate, and ensuring public access is maintained to these areas through inclusion of a shared path.

Buildings and works

• The DP applies general principles to future buildings and works, including requiring development to appropriately address the interface with EastLink, provide appropriate drainage, particularly in regards to Lake Caribbean and Corhanwarrabul Creek, and demonstrate excellence in design, quality and sustainability.

Heritage

• Buildings within the Caribbean Estate will be located a minimum of 800 metres from Stamford Park House; development will not have a significant impact on the heritage property or surrounding parklands.

Transport Plan

- The DP is required to include a Transport Plan prepared in consultation with and to the satisfaction of the Department of Infrastructure (as represented by the Department of Transport), Roads Corporation and the Responsible Authority. This transport plan covers the design, location and identification of access and linkages throughout the site including a shared path rout with the objective of linking the site to Stamford Park and the surrounding area. The Transport Plan has been approved by the Department of Transport and VicRoads subject to the inclusion of their requirements mentioned in Section 3.2 above. Figure 7 which shows the access and linkages Plan will be amended to correctly show the line of the shared path through the business park.

Environmental Management Plan:

Planning stage - Air emissions, Habitat management and Landscape strategy, Fauna, Hydraulics and Hydrology

• It is considered that an estate-wide Environmental Management Plan is not required as the planning permit process for individual application will take into consideration impacts on the environment, including on vegetation, fauna habitats and lake and wetland hydrology. In particular,


the southern boundary of the Caribbean estate and Lake Caribbean are affected by a Land Subject to Inundation Overlay (LSIO). As discussed in Section 4.3 below, any development within a LSIO will require the approval of Melbourne Water.

• With relation to Aboriginal Cultural Heritage (discussed at Section 3.10), the Caribbean Estate management have acknowledged that it is preferable that a single Cultural Heritage Management Plan be prepared for the whole site, instead of a piecemeal approach for individual permit applications. This investigation is ongoing; however, does not have to be completed prior to approval of the DP.

Construction and operation stage – Air emissions, Waste Minimisation and Disposal, Soil erosion and Sediment control, Flora and Fauna, Fire protection

• Planning permits will be required for development of each stage and individual buildings. Permit conditions will require consideration of amenity during the construction stage. Sustainable Design Assessments will also be required by buildings to ensure an appropriately high level of sustainable design is achieved throughout the development. This will include measures to minimise and appropriately dispose of waste, and this is clearly identified in the DP.

4.4.2 Land Subject to Inundation Overlay (LSIO)

The southern portion of the Caribbean Estate is affected by a Land Subject to Inundation Overlay. The purpose of the LSIO is to identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood, ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard, and to ensure that development protects waterway health.

The Schedule to the LSIO requires any applications for buildings and works be accompanied with information regarding proposed ground and floor levels, and be referred to the floodplain management authority.

• The Caribbean Development Plan is consistent with the LSIO and its schedule. Any planning application for buildings and works within the LSIO area will be referred to Melbourne Water.

5. FINANCIAL & ECONOMIC IMPLICATIONS

The demand on existing services and facilities is not expected to increase as a result of the development. Caribbean Estate drains, roadways and parks are not public property requiring maintenance by Council.


6. CONCLUSION

The proposed Development Plan gives the best opportunity for future development of the Caribbean Business Park to provide for high quality development, production economy uses, development of a Neighbourhood Activity Centre to boost the attractiveness of the Scoresby-Rowville Employment Precinct, consistency with adjoining development and public open space, and protection of Lake Caribbean and Corhanwarrabul Creek.

It is recommended that the Development Plan be endorsed by Council to confirm the strategic intent for the Caribbean Estate and allow for the orderly planning of this important area into the future.

7. CONFIDENTIALITY


RECOMMENDATION

That Council approve the Caribbean Business Park Development Plan (January 2012 revision), as shown in Appendix A in this report, pursuant to Clause 43.04 Development Plan Overlay Schedule 6, of the Knox Planning Scheme, subject to the following changes:

1. Section 3.11 (Transport Plan) include the wording: “As part of the 2020 Transport Plan Review, an assessment of the likely impact of the full build-out of the Business Park on the operation of access facilities to Ferntree Gully Road and Stud Road shall be undertaken and, where required a programme of improvement works shall be proposed to the satisfaction VicRoads and the Responsible Authority.”

2. Section 3.11 (Transport Plan) include the wording: “Should any future access require installation of signals at the intersection with Stud Road, the proponent will need to provide a queue-jump bus lane on each of the Stud Rd approaches to the traffic signals and any other bus prioritisation measures to mitigate delays to bus services.”

3. Section 3.11 (Transport Plan) include the wording: “Primary vehicle access to Caribbean Estate should be from the arterial road network, which should require a developer-funded upgrade to the Ferntree Gully Road/Caribbean Drive intersection. Any future pedestrian and cycle path connection across EastLink to require approval by Connect East.”



4. Figure 7 of Section 3.11 (Transport Plan) to be updated to correctly show the proposed line of the shared pedestrian/cycle path to follow a line south of Corhanwarrabul Creek towards Stamford Park (in the vicinity denoted by the Number 7 on Figure 7).

5. Section 4 (Conclusion) to be updated to refer to energy efficient “buildings” instead of “housing”.


COUNCIL RESOLUTION MOVED: CR. VAN DE VREEDE SECONDED: CR. COOPER

That Council:

1. Approve the Caribbean Business Park Development Plan (January 2012 revision), as shown in Appendix A in this report, pursuant to Clause 43.04 Development Plan Overlay Schedule 6, of the Knox Planning Scheme, subject to the following changes:

1.1 Section 3.11 (Transport Plan) include the wording: “As part of the 2020 Transport Plan Review, an assessment of the likely impact of the full build-out of the Business Park on the operation of access facilities to Ferntree Gully Road and Stud Road shall be undertaken and, where required a programme of improvement works shall be proposed to the satisfaction VicRoads and the Responsible Authority.”

1.2 Section 3.11 (Transport Plan) include the wording: “Should any future access require installation of signals at the intersection with Stud Road, the proponent will need to provide a queue-jump bus lane on each of the Stud Rd approaches to the traffic signals and any other bus prioritisation measures to mitigate delays to bus services.”

1.3 Section 3.11 (Transport Plan) include the wording: “Primary vehicle access to Caribbean Estate should be from the arterial road network, which should require a developer-funded upgrade to the Ferntree Gully Road/Caribbean Drive intersection. Any future pedestrian and cycle path connection across EastLink to require approval by Connect East.”


1.4 Figure 7 of Section 3.11 (Transport Plan) to be updated to correctly show the proposed line of the shared pedestrian/cycle path to follow a line south of Corhanwarrabul Creek towards Stamford Park (in the vicinity denoted by the Number 7 on Figure 7).

1.5 Section 4 (Conclusion) to be updated to refer to energy efficient “buildings” instead of “housing”.


2. Approve the Caribbean Business Park Development Plan with an additional dot point in section 3.7 Landscape/Space (page 14) of the Caribbean Business Park Development Plan as follows:

• Reinforce the hierarchy and role of the existing and new

cycle/ shared paths with consistent street tree plantings and landscaping.

3. Initiate the development of, and implement, a joint advocacy strategy in partnership with the owners of Caribbean Business Park for improved public transport services in the Scoresby Rowville Employment precinct including the Rowville Rail and improved bus services.

CARRIED


CHANDLER WARD

6.6 APPLICATION TO DEVELOP THE LAND FOR FOURTEEN 3-STOREY DWELLINGS AND ONE 2-STOREY DWELLING AT 43 CHANDLER ROAD, BORONIA, Melway Ref. 65 B8 (Application No. P2011/6349)

1. SUMMARY:

Land: 43 Chandler Road, Boronia Applicant: Siteline Building Design & Planning Proposed Development: The construction of fourteen 3-storey

dwellings and one 2-storey dwelling Existing Land Use: Single Dwelling Area/Density: 1956 m2 / 1:130m2 Zoning: Residential 1 Zone Overlays: Design and Development Overlay

(Schedule 7) Vegetation Protection Overlay (Schedule 3)

Local Policy: Municipal Strategic Statement (MSS) Housing Policy Boronia Major Activity Centre Local Policy

Application Received: 27 June 2011 Number of Objections: 16 PCC Meeting: 18 October 2011 Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT. A merits hearing has been scheduled for 10 May 2012. The proposal is considered inconsistent with applicable objectives for residential development as contained within the State and Local Planning Policy Framework of the Knox Planning Scheme. The proposed development is inconsistent with the building heights contained within the Design and Development Overlay (Schedule 7) of the Knox Planning Scheme. The proposal demonstrates several fundamental deficiencies when assessed against the objectives of Clause 55 of the Knox Planning Scheme (ResCode).

146 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.6 43 Chandler Road, Boronia (cont’d)

The proposed development will result in adverse impacts to protected and significant vegetation on adjoining properties. On balance, it is considered that the proposal does not respond adequately to State and Local Planning Policies. It is recommended that Council issue a Notice of Refusal to Grant a Planning Permit.

2. BACKGROUND

2.1 Subject Site and Surrounds The location of the subject site is shown in Appendix A.

• The subject site is located on the northern side of Chandler Road in Boronia. The site comprises a battleaxe allotment with a frontage to Chandler Road of 12.95 metres and overall site area of 1956m2. The property is currently developed with a single storey weatherboard dwelling with established gardens containing mature trees and shrubs. The site slopes approximately 2 metres from the south/south-west to the north-east. A single crossover on the eastern side and winding driveway leads to a detached garage and carport.

• The site adjoins residential properties to the east and west, the Boronia Primary School to the north (rear) and faces Chandler Park on the southern side of Chandler Road. Dwellings in the immediate area are single and double storey of brick and weatherboard construction. The subject site is located within the Boronia Activity Centre.

• The site contains a number of established native and exotic trees including a Cedrus deodara, Liquidambar orientalis, Angophora costata and Corymbia ficifolia. There are also numerous shrubs and weed species.

2.2 The Proposal


The application proposes to construct fourteen 3-storey dwellings and one 2-storey dwelling (total of 15 dwellings) and remove vegetation. Details are as follows:

• The three storey dwellings have a maximum height of 10.25 metres. The two storey dwelling has a maximum height of 7.2 metres.


• The existing battleaxe driveway arrangement will be retained with a new double (5 metre) crossover to provide access to the proposed dwellings via a central driveway. The dwellings are arranged on either side of this central driveway (eight on the western side, seven on the eastern side). Each dwelling is to have a single garage. Three visitor parking spaces are provided within the frontage.

• The three storey dwellings comprise an entrance, laundry, powder room and recreation room at the ground floor, open kitchen/living and dining at the first floor and two bedrooms at the second floor. The two storey dwelling comprises an entrance, laundry, water closet and open kitchen/living and meals room at the ground floor, with two bedrooms at the first floor.

• The design is contemporary with a variety of building materials proposed, consisting of rendered surfaces, face brickwork, weatherboard cladding, grooved sheet cladding and glass balustrading.

• It is proposed to remove all existing vegetation within the property. A Planning Permit is not required to remove any vegetation on the subject site.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of four signs on the site and notices were sent to adjoining property owners and occupiers. Sixteen (16) objections were received and are summarised below.


• The building height is not consistent with the building heights directed by the Design and Development Overlay (Schedule 7), which designates the area within a discretionary 7.5 metres (2 storey) height limit. As such, the development will create an excessive built form within the area which does not implement the desired character for the area.


Traffic and Parking Congestion

• The number of car parking spaces provided complies with the ResCode requirement for car parking spaces for each dwelling and visitor spaces. The increase in traffic as a result of this development is not expected to exceed the capacity of Chandler Road, and no concerns have been raised by Council’s Traffic Engineers.

Safety

• The proposal is not expected to create any safety concerns. The development is secure, provides surveillance of the street and all vehicles will be able to exit in a forward direction from the proposed development.

Increase in noise

• There is nothing to suggest that this development, if constructed, would cause any more noise to adjoining properties other than that normally encountered within a residential context.

Overlooking

• Subject to conditions to ensure the proposed development complies with ResCode Standard B22, it is considered that the proposal will not result in overlooking.

Overdevelopment

• The development capacity of the site is determined by compliance with the relevant Council policies and compliance with ResCode. The assessment of the application has demonstrated that there are areas of non-compliance with Council policies, the Design and Development Overlay (Schedule 7) and ResCode, therefore the proposal can be considered as an overdevelopment of the land.

Overshadowing/Loss of Daylight

• The proposal will comply with the ResCode Standards B19 (Daylight to existing windows), B20 (North facing windows) and B21 (Overshadowing).


Impact on infrastructure

• There have been no concerns raised from Council’s Engineering Division with the capacity of existing infrastructure. An appropriate civil engineering plan would be a condition on any permit to issue, with a requirement to ensure that peak stormwater flows are contained on-site. Any upgrades to existing services would be determined by the relevant servicing authority.

Waste Collection

• Council’s Waste Management Services have advised that collection of waste will need to be carried out by a private collector. A Waste Management plan would be a requirement of any permit to issue, which will determine the appropriate rubbish and recycling bins requirements and storage to the satisfaction of the Responsible Authority.

Removal of Vegetation

• Vegetation proposed to be removed is not protected by the Vegetation Protection Overlay (Schedule 3). Existing vegetation is not significant or worthy of retention, particularly with balancing consolidation policies contained within the Knox Planning Scheme for the Boronia Activity Centre. More importantly, planting of canopy trees will need to be achieved throughout the proposed development.

• Council’s Arborist has expressed concerns with the impact of the proposed development on existing vegetation on adjoining properties. There are a number of indigenous trees within adjoining properties that are protected by the Vegetation Protection Overlay (Schedule 3).

Crime rates will increase

• There is no link between the construction of medium density development and a rise in crime rates. Importantly, the proposal will increase surveillance of the street, within the development and surrounding area.


Overcrowding

• The site is located within the Boronia Activity Centre where re-development is encouraged. There is nothing to suggest that the proposal, notwithstanding non-compliance with Council policies and ResCode, would contribute to overcrowding and the stigma associated with higher densities.

Building noise and disruption

• Construction works are temporary and amenity impacts such as noise can be dealt with under the relevant Local Laws and EPA requirements. A standard condition will be included on any permit to issue dealing with unreasonable amenity impacts during construction.

Interrupt bus services along Chandler Road

• The applicant will need to ensure that any construction activities do not interrupt bus services along Chandler Road, in consultation with the Department of Transport.


A Planning Consultative Committee (PCC) Meeting was held at the Civic Centre on 18 October 2011. The following main concerns with the proposal were raised:

• Neighbourhood Character including height

• Traffic congestion and lack of car parking

• Overshadowing

• Overcrowding

• Impact on existing infrastructure, drainage within property

There were no agreements/resolutions reached at the conclusion of the meeting.

3.3 Referrals

The application has been referred to internal departments for comment. The following is a summary of relevant advice:


Traffic Engineer

• The garbage truck turning template on the plan does not have the correct dimensions. The garbage truck should be 9.6m in length. Our assessment shows that some areas need to be clear of any objects and vegetation for the truck to turnaround.

• The plans show that the proposed crossover widening is close to a drainage pit and fire hydrant. The crossover needs to be 1m clear of all assets within the road reserve.

• The storage spaces inside the garages are 25cm wide, which is impractical. Objects stored in the area will likely occupy the internal garage space.

• The area for waste collection will not accommodate rubbish and recycling bins for each dwelling (total of 30).

Drainage Engineer


Arborist

• The vegetation growing on the site is not deemed especially significant. There are a few healthy trees including a Cedrus deodara, Liquidambar orientalis, Angophora costata and Corymbia ficifolia but a permit is not required to remove these trees.

• The proposed development will encroach into the Tree Protection Zone radius of trees on adjoining properties. This encroachment occurs at the 10% TPZ encroachment radius; however one of the encroachments is greater than 10%. Exploratory works must be undertaken to locate the roots of these trees within the subject site to determine whether the proposal is feasible, or whether a re-design will be required and any construction methods. Trees identified as T58 and T67 are located on the adjoining property to the west, T34 is located on the adjoining property to the east and these trees are also protected by the Vegetation Protection Overlay (Schedule 3). Trees T20, T24 and T72 are located adjacent the southern boundary.


Landscape

• There are a few issues that require attention on the submitted landscape plan, and an amended landscape plan will be required.

Waste Services

• A condition on any permit issued will require a Waste Management Plan detailing how waste will be stored and collected by a private contractor.

• Concerns with the ability of the waste vehicle to exit the property safely using a three-point turn without any conflicts with objects, car spaces and vegetation.

4. DISCUSSION



4.1.1 Zone The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a Planning Permit is required to construct more than one dwelling on a lot.

4.1.2 Design and Development Overlay (Schedule 7)

The site is affected by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan. Under the provisions of the Overlay, a permit is required for buildings and works.

To achieve the design objectives in the Schedule, any proposed development must meet the requirements contained within the Schedule. These include preferred and mandatory building heights, design standards, materials and colours, landscape design and signage.


• The site is located within a preferred building height area of 7.5 metres or two (2) storeys. The proposal for a three (3) storey building height (maximum 10.25 metres) exceeds the discretionary building height. There is no justification for a variation to the preferred buildings heights to allow a three (3) storey built form when considering the design guidelines.

• The proposed three (3) storey built form and therefore scale of the buildings is contrary to the design standards in the Schedule.

• Materials and colours have been nominated that would reinforce the emerging contemporary natural character of the area.

• There are opportunities for planting along the battleaxe driveway and throughout the development. An amended landscape plan to the satisfaction of the Responsible Authority would be a requirement of any permit to issue, and also subject to modifications to ensure a canopy tree can be accommodated within the private open space of each dwelling.

• The site is not located within a Business Zone and therefore does not incorporate any signage.

4.1.3 Vegetation Protection Overlay 3

The VPO3 seeks to protect remnant overstorey vegetation and requires the issue of a permit for the removal of native vegetation with a height of 8 metres or more and trunk diameter of more than 300mm.

• No significant vegetation is located onsite. However, the development will impact on the tree protection zone (TPZ) of significant and protected trees located within the adjoining properties to the east and west, including a Eucalyptus radiata (T58), Eucalyptus radiata (T67) and an Eucalyptus obliqua (T34). All three trees trigger the permit requirements of the VPO3, and therefore the proposal must ensure that the vegetation can be retained long-term and will not impacted upon.



4.2.1 State Planning Policy Framework State policy requires Council to integrate the range of policies relevant to the issues to be determined, and balance conflicting objectives in favour of net community benefit and sustainable development.

Key Policies: Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflect the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.

• The design of the development will dominate the landscape when viewed from adjoining properties a building height over 7.5 metres for the three storey dwellings.


• The density of the development contributes to the consolidation of urban development being located within reasonable distance to urban services and transport.

• The layout and orientation of the dwellings has not achieved northern solar access to Dwellings 1 to 7 and 10 to 15, which is indicative of a poor design outcome.

Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.

• Neighbourhood character - this is discussed in a later section of the report (Section 4.2.2).


• Housing choice – The proposed development provides a different form of housing to that provided in the area and provides the option of dwellings on smaller lots with smaller private open space area, which will contribute to housing choice.

• Existing infrastructure – The site is located within a fully serviced area.

• Energy efficiency – This has been discussed above under Clause 15.02.

• Location – The site is located within the Boronia Major Activity Centre.


• The site is located within 570 metres of the Boronia Train Station and bus interchange which is serviced by Bus Routes No. 737, 753, 755, 691 and 690 Bus Route along Chandler Road.

• The Boronia Station is part of the Belgrave train line which travels directly through the eastern suburbs to Melbourne’s CBD and operates Monday to Saturday, 4.30am to 1.30am at various intervals and Sunday 6.00am to 12.00 am at various intervals.

• Route No. 690 from Croydon Station to Boronia Station via Kilsyth operates at various intervals from 5.51am to 9.26pm Monday to Friday with peak times being half hourly. Saturday services run hourly from 7.08am to 9.30pm. Sunday services operate hourly from 9.03am to 9.26pm.

• Route No. 737 from Croydon Station to Glen Waverley via Knox City and Monash University operates at various intervals from 6.16am to 9.38pm Monday to Friday with peak times being half hourly. Saturday services run half hourly from 5.55am to 9.35pm. Sunday services operate from half hourly from 8.22am to 9.33pm.


• Route No. 755 from Bayswater to Knox City via The Basin, Boronia, Ferntree Gully operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.

• Route No. 753 provides direct access between the Glen Waverley and Bayswater activity centres, and operates between 5:42am and 9:14pm Monday to Friday at approximately 25 minute intervals; between 7:50am and 9:30pm on Saturdays at 60 minute intervals and; between 8:54am and 9pm on Sundays at 60 minute intervals.

• Route No. 691 operates between Waverley Garden Shopping Centre and Boronia Railway Station between 5.47am and 8.21pm Monday to Friday at approximately 30 minute intervals and between 7.26am and 7pm Saturdays and Sundays at 40-60 minute intervals.

4.2.2 Local Planning Policy Framework Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in a Major Activity Centre. The MSS further seeks to manage the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance. The MSS supports development that respects the existing or preferred residential neighbourhood character.

• The development, at a maximum height of 10.25 metres, is not considered to be consistent with the preferred character and building heights for the area, as directed by the Design and Development Overlay (Schedule 7) which indicates a discretionary building height of 7.5 metres for this site.


Clause 22.06 Boronia Major Activity Centre Local Policy: This policy seeks to address a lack in availability of a variety of housing types within the Boronia Major Activity Centre, and identifies opportunities for higher density development within the centre to benefit from close proximity to social services and infrastructure. The site is located within a “Dispersed Infill Residential” area within the Land Use Framework Plan. Within this area, it is policy to ensure that infill development in ‘established residential environs’ provides a positive contribution to the local area.

• While the proposal will contribute to a variety of housing types within the Activity Centre, the proposal does not achieve a design outcome consistent with the Design and Development Overlay (Schedule 7) and ResCode, and therefore will not contribute positively to the local area.

Clause 22.10 Housing: The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030. In response to this forecast, the Housing Policy directs the provision of a diversity of housing types and forms; housing that meets the needs of all groups within the community; accessible housing that is well designed and responsive to the local character and environment; and housing that recognises that the environment and landscape significance of the Dandenong Foothills outweighs the need for urban consolidation in the Foothills. Before deciding on an application, the responsible authority will consider, as appropriate, whether: Where an approved structure plan or urban design framework exists for an activity centre listed above, then the location and design of high and medium density housing be guided by the plan or framework.

• The site is located within the Boronia Activity Centre. As such, any development will be guided by the Boronia Structure Plan and the Design and Development Overlay (Schedule 7). See Section 4.1.2 for this discussion.

The proposed development will contribute to a diversity of housing in Knox.


• The proposed development proposes two bedroom dwellings that provide for a range of smaller households and will contribute to a diversity of housing within Knox.


• The site does not have access to public transport that operates between 6.00am and 11.00pm daily, seven days a week.


• The development, at a maximum height of 10.25 metres, is not considered to be consistent with the preferred character and building heights for the area, as directed by the Design and Development Overlay (Schedule 7) which implements the Boronia Structure Plan and indicates a discretionary building height of 7.5 metres for this site.

The development site graduates in height from the site boundaries to respect prevailing building height patterns.

• The proposed maximum height of 10.25 metres is inconsistent with the preferred building heights for the site and therefore the graduation in height is inadequate. The three storey dwellings will need to be reduced in height to 7.5 metres, with a two storey built form.

The development and building design response addresses any potential impact on adjoining development where there is a residential interface with respect to amenity, overlooking, overshadowing, height and bulk, views and vistas

• The proposed development is generally compliant in terms of overlooking and overshadowing. However, the development presents unreasonable amenity impacts in terms of the height and bulk of the dwellings, which is greater than that currently envisaged for the area.

For larger key strategic redevelopment sites, a variety of architectural styles and forms are provided.

• The site has not been identified as a key strategic redevelopment site.




Neighbourhood Character – Does not comply, refer to Section 4.2 above.

Residential Policy – Does not comply, refer to Section 4.2.2 above.

Dwelling Diversity – Complies.

Infrastructure – Complies.

Integration with the Street – Complies.


Street Setback – Complies.

Building Height – Does not comply as the proposed maximum building height is 10.25 metres from natural ground level which exceeds the 7.5 metre discretionary building height as directed by the Design and Development Overlay (Schedule 7).

Site Cover/Permeability – Complies.

Energy Efficiency – Does not comply. The design has not addressed solar efficiency with the orientation and layout of the dwellings, to made appropriate use of daylight and solar energy.

A condition on any permit issued would require the submission of a Sustainable Design Assessment to the satisfaction of the Responsible Authority.

Open Space – Complies.

Safety – Complies.

Landscaping – Complies, a condition on any permit issued would require that an amended landscape plan be submitted to the satisfaction of the Responsible Authority.

Access – Does not comply, as the design has not allowed sufficient clearance to ensure that a waste collection vehicle will be able to enter and exit the site safely and conveniently.

Parking Provision and Location – Complies.


Amenity Impacts

Side and rear setbacks – Does not comply with the Standard or Objective. The proposed setback of the third storey wall to side boundaries does not comply with the minimum setback required, which is between 3.59 metres and 3.89 metres. The proposed height and setback does not respect the preferred neighbourhood character as detailed in the Design and Development Overlay (Schedule 7) and will impact on the amenity of adjoining residential properties.

The setback to the rear boundary being a non-residential interface, with the encroachment of the staircase, can be considered acceptable.



North-facing Windows – Complies.

Overshadowing open space – Complies. Overlooking – Can comply subject to conditions. East, north and west (external) facing bedroom windows have full obscured glazing with a restricted awning, which impacts on the internal amenity to these rooms. Therefore, any east, north and west facing (external) bedroom windows will need to be screened to limit overlooking with an external screen or fixed obscure glazing to 1.7 metres above the finished floor level, which will improve amenity. Also, some dining room windows are completely obscured impacting on the internal amenity of these rooms, which can be avoided by an external screen or fixed obscure glazing to 1.7 metres above the finished floor level. The kitchen windows are also completely obscured; however this can be avoided by requiring a sill height to 1.7 metres above the finished floor level. The balcony to Dwellings 8 and 9 will need to be screened to 1.7 metres to limit views to the Primary School to the north.

Internal views – Can comply subject to conditions. The internal balconies are located at the same level opposite each dwelling, and allow full views into the adjacent balcony areas and living rooms. Screening to 1.7 metres will be required to limit internal overlooking.

Noise Impacts – Complies.


Accessibility – Complies.


Daylight to new windows – Complies.

Private Open Space – Complies.


Storage – Does not comply. The proposed storage area within the garages of the dwellings is not 6 cubic square metres, and the width is impractical.

Detailed Design

Design Detail – Complies.

Common Property – Complies.

Site Services – Complies.

Front fence – Complies.

5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

• The height of the proposed development is not consistent with Clause 15

(Built Environment and Heritage), Clause 21.07 (Municipal Strategic Statement) and Clause 22.10 (Housing) of the Knox Planning Scheme.

• The proposal development has not been designed to ensure the long-

term survival of indigenous vegetation on adjoining properties protected under the Vegetation Protection Overlay Schedule 3.

• The overall design of the development is not considered to be consistent

with key design objectives of the Design and Development Overlay (Schedule 7) and therefore not considered to be consistent with Clause 22.10 of the Knox Planning Scheme.

• The development demonstrates several fundamental deficiencies with ResCode (Clause 55 of the Knox Planning Scheme). The proposal fails to meet the Standards and Objectives of Standard B1 (Neighbourhood Character), Standard B7 (Height), Standard B10 (Energy Efficiency), Standard B14 (Access) and Standard B17 (Side and Rear Setbacks).


6. CONFIDENTIALITY


RECOMMENDATION

That were Council in a position to make a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Notice of Decision to Refuse a Planning Permit to develop the land for the construction of fourteen 3-storey dwellings and one 2-storey dwelling and the removal of vegetation at 43 Chandler Road, Boronia, subject to the following grounds of refusal:

1. The proposal is considered inconsistent with applicable objectives for residential development as contained within the Local Planning Policy Framework of the Planning Scheme and in particular Clause 22.10 (Housing Policy).

2. The proposed development is inconsistent with the adopted height limit of 7.5 metres (2 storeys) within the Design and Development Overlay (Schedule 7) of the Knox Planning Scheme.

3. The proposed development is inconsistent with the objectives of ResCode (Clause 55 of the Knox Planning Scheme) in particular Neighbourhood Character (Standard B1), Height (Standard B7), Energy Efficiency (B10), Access (B14) and Side and Rear Setbacks (Standard B17).

4. The proposed development has not addressed the long-term survival of significant trees protected by the Vegetation Protection Overlay (Schedule 3) on properties adjoining the western and eastern boundaries (T58, T67 and T34).

5. The proposed development has not addressed the long-term survival of trees on the property adjoining the southern and eastern boundaries (T20, T24 and T72).

COUNCIL RESOLUTION MOVED: CR. MORTIMORE SECONDED: CR. COLE That the recommendation be adopted. CARRIED


BAIRD WARD

6.7 APPLICATION TO DEVELOP THE LAND FOR FIVE (5) DOUBLE STOREY DWELLINGS AT 3 MOSSFIELD AVENUE, FERNTREE GULLY, Melway Ref. 73 H2 (Application No. P2011/6669)

1. SUMMARY:

Land: 3 Mossfield Avenue, Ferntree Gully Applicant: Source Property Services Proposed Development: Five (5) double storey dwellings Existing Land Use: Single Dwelling Area/Density: 978 m2 / 1:195m2 Zoning: Residential 1 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement

Neighbourhood Character Policy Housing Policy

Application Received: 26 August 2011 Number of Objections: 3 PCC Meeting: N/A Assessment:

The proposal has been assessed against Council’s Housing Policy and Neighbourhood Character Policy and has been found to generally comply.

The proposal complies with the purpose of the Residential 1 Zone.

The proposal has been assessed against the requirements of ResCode and subject to conditions, has been found to generally comply.

The site is located within the Mountain Gate Activity Centre.

On balance it is considered that the proposal responds well to State and Local Planning Policies, and subject to modifications, it is recommended that a Notice of Decision to Grant a Permit be issued subject to conditions.

174 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.7 3 Mossfield Avenue, Ferntree Gully (cont’d)

2. BACKGROUND



• The subject site is rectangular in shape, located on the western side of Mossfield Avenue and has a total area of 978m2. The site is developed with an existing single storey brick dwelling setback 9.4 metres from the frontage, with a crossover on the south-eastern side leading to a detached garage.

• The surrounding area to the north and south is characterised by predominately single storey brick and weatherboard dwellings set within a garden landscape. Dual occupancies and unit developments are present in the surrounding area. To the east, across Mossfield Avenue is the Knox Gymnastics Centre and Pickett Reserve. The site is located within the Mountain Gate Major Activity Centre.

• There is a variety of vegetation on the site including a Liquidambar, Callistemon, Loquat and Cypress within the front setback, an Oak tree, Sweet Pittosporum and various fruit trees. There are two existing street trees.

2.2 The Proposal


The application proposes to construct five dwellings on the site. Details are as follows:

• The existing dwelling is to be removed. Five (5) attached double storey dwellings are to be constructed along the length of the site. Dwelling 1 is setback 6 metres from the front boundary. Access is provided along the south-east boundary to garages located on the ground floor.

• The dwellings contain a kitchen, open living/dining area, powder room and laundry on the ground floor. The first floor will contain two bedrooms, living area, bathroom and balcony. A single garage is proposed for Dwellings 1 to 4, while Dwelling 5 is provided with a single carport. Secluded private open space areas are provided by way of balconies and ground floor open space areas.


• The five (5) dwellings are proposed to be finished in face brickwork, rendered brick and lightweight materials.

• It is proposed to retain the Liquidambar, Cypress, Callistemon and Loquat within the front setback, and the Sweet Pittosporum located in the open space for Dwelling 1. All other vegetation is to be removed.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. Three (3) objections have been received and can be summarised as follows: Impact on privacy/overlooking • Generally habitable room windows have been adequately screened,

however the first floor bedroom windows of Dwellings 2 and 3 have no treatment to prevent overlooking. An external screening device can be required to ensure compliance with Standard B22. The existing fence along the northern boundary is inadequate and will need to be replaced with a new fence at least 2 metres high. Screening to balconies exceeds the ResCode requirement. Subject to the above requirements, it is considered that the proposal will not result in overlooking and loss of privacy.

Sheds on boundary • ResCode requires 6m3 of externally accessible storage space to be

provided for each dwelling. They are small garden sheds and likely to be lower than the boundary fence. They will not replace the fence on the boundary.

Location of guttering • There are no walls proposed on the boundary. All guttering/pipes

associated with the dwellings must be located within the property boundaries.

Lack of sunlight • The extent of overshadowing to adjoining properties complies with the

ResCode Standard B21. Congestion/pollution and noise • The proposal is not expected to create additional noise or pollution that

would be unreasonable in a residential environment.


Increased traffic and lack of parking • The proposal complies with the car parking requirements in ResCode

Standard B14. Each two bedroom dwelling is provided with a single garage/carport and one (1) visitor space is provided. The increase in traffic generated as a result of this application is not expected to exceed the capacity of the surrounding street networks.

3.2 Referrals

The application has been referred to internal departments for comment. No objection has been raised; the following is a summary of relevant advice:

Traffic Engineer

• Standard conditions to be included on any permit issued. • Turning for Dwelling 5 needs to be increased to allow vehicles to exit in a

forwards direction. This can be achieved by relocating the garage to Dwelling 4 500mm further to the north.

• The existing crossover will need to widen to match the width of the proposed driveway at the title boundary.

Drainage Engineer

• Standard conditions to be placed on any permit issued.

Arborist

• It is proposed to retain two weed species growing on the north boundary. These must be removed and replaced.

• It is proposed to retain the Callistemon, Cupressus sempervirens and Liquidambar styraciflua growing along the east boundary. Whilst it is possible to retain these trees, they require pruning works (and rod-bracing works on the split Cupressus) to ensure their retention is successful.

• Exploratory works are required to locate the roots of the neighbour’s Eucalyptus sideroxylon.

• The proposed driveway must be constructed above the existing grade, structural or gap-graded soil used for the base of the driveway, and permeable or porous material used for the sections of the driveway occurring within the TPZ radius of the trees along the southern boundary.


Waste Management

• Council will undertake the recycling/rubbish collection and therefore a Waste Management Plan is not required.

• The communal bin storage is likely to lead to bin sharing which is not recommended for a development of this type.

4. DISCUSSION



4.1 Residential 1 Zone

The site is located within the Residential 1 Zone. Within the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

No overlays apply to the land.




Key Policies:

Clause 15 Built Environment and Heritage – Encourages high quality architecture and urban design outcomes that reflects the particular characteristics, aspirations and cultural identity of the community; enhances liveability, diversity, amenity and safety of the public realm; and promotes attractiveness of towns and cities within broader strategic contexts.


• The design of the development is relatively low scale with low roof heights and a modern finish. The proposal provides an increased density, minimal adverse amenity impacts and within walking distance of shops, services, and public transport.

Clause 15.02 Energy and Resource Efficiency – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The proposal contributes to the consolidation of urban development through the provision of increased density within walking distance to services and transport.

• The development is designed to ensure the dwellings are oriented to receive northern sun light, creating a more energy efficient outcome. A condition on any permit issued will require a Sustainable Design Assessment to be submitted for the site.

Clause 16.01 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.


• Housing choice – Providing five dwellings on smaller lots with two bedrooms and smaller private open space areas increases housing choice.

• Existing infrastructure – The site is located within a fully serviced area.

• Energy efficiency – This has been discussed above under Clause 15.02.

• Location – The site is located within 400 metres walking distance of the business zone and public transport.



• The site is located within walking distance of bus routes on Ferntree Gully Road, Burwood Highway, and Commercial Road.

• The 693 bus route has a direct service between Oakleigh and Belgrave Activity Centres via Brandon Park, Mountain Gate, Ferntree Gully and Upper Ferntree Gully. This service operates between 6am and 9:05pm Monday to Friday at 30 minute intervals; between 8:33am and 9:35pm on Saturdays at hourly intervals; and, between 9:07am and 9:05pm on Sundays at hourly intervals.

• The 755 bus route operates a direct service between Bayswater and Knox City Activity Centres, via Boronia, Ferntree Gully and Mountain Gate. This service operates between 5:53am and 8:54pm Monday to Friday at 38 minute intervals; between 7:51am and 8:52pm on Saturdays at hourly intervals.

• The 732 bus route operates between Box Hill and Upper Ferntree Gully via Vermont South, Knox City and Mountain Gate. The service operates between 4:52am and 1:08am Monday to Friday at 30 minute intervals; between 4:57am and 1:12am Saturdays at 1 hour intervals; and, between 6:45am and 12:05am Sundays at 1 hour intervals.


Clause 21.05-2 Municipal Strategic Statement (MSS). The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located within a preferred housing location (Major Activity Centre) and is consistent with the proposed future neighbourhood character of the area as per Clause 22.07 below.

Clause 22.07 Neighbourhood Character: Garden Suburban Character Precinct 5 – The desired future character of this area is for “low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native trees”.


The key design objectives are:


• The subject site contains a number of mature trees, particularly

within the front setback. The proposed development will retain a number of these trees, however the weed species will need to be removed and replaced with suitable species. Conditions on any permit issued will require that appropriate construction measures to protect trees on the subject site and adjoining properties.

To maintain the continuity of garden character between dwellings.

• The site will not be dominated by buildings when viewed from the

street given the reasonable setback and scope for planting within it. Buildings are located towards the centre of the site allowing for planting along the boundaries, with no walls proposed to be located on boundaries. Landscaping along the driveway will ensure a softening of the driveway area.


• The proposed development is setback 6 metres from the front

boundary. Sufficient space remains for planting to soften the development when viewed from the street. In addition the flat roof gives the units a lower profile, and there are no walls on the boundaries, giving the impression from the street of a single dwelling.

To minimise excavation for car access, loss of garden space, and dominance of car storage facilities.

• Car parking is not located forward of the dwelling, and landscaping

along the driveway will obscure views from the street. No excessive excavation is required and front setbacks are large enough to support the retention of existing mature trees, with the ability for additional planting.


Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households over the 25 years to 2030.

In response to this forecast, the Housing Policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy and Clause 22.01 Dandenong Foothills Policy, where relevant.



• The development proposes 2 bedroom dwellings, which can provide accommodation for a variety of household types. The dwellings provide smaller areas of open space which are easier to maintain, and provide a diversity in land size to that currently available in the area.


• The subject site is located where it can take advantage of the Principal Public Transport Network. However, there is not access to public transport services seven days a week between 6am and 11pm.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character Policy or an approved structure plan or urban design framework.

• As per Clause 22.07 above the proposed development makes a positive contribution to the proposed future neighbourhood character of the area. The site is also located within a preferred housing location less than 400 metres from shops, services and public transport.


The proposal generally complies with the provisions of Clause 55 of the Knox Planning Scheme, an assessment of the key criteria, including any areas of non compliance are considered below:



Neighbourhood Character – Complies. Refer to Section 4.2.2 above.


Street Setback – Does not comply. The proposed setback is 6 metres. The required setback under the standard is approximately 8.5 metres. Given the location of the site within a preferred housing location and the need for additional housing with access to public transport and services, the proposed encroachment is considered to be appropriate and allows for adequate canopy tree planting/retention of vegetation within the front setback.


Site Cover/permeability – Complies.

Energy Efficiency – Complies. The submission of a Sustainable Design Assessment will be required as a condition on any permit issued.

Landscaping – Complies.


Parking provision and location – Can comply, subject to conditions. The dimensions of the visitor parking space will need to be modified as the parking space will be constrained by walls, therefore a space with a width of 3.5 metres and length of 6 metres will need to be provided. This will impact the location of the bin storage area for Dwellings 2 to 5, which would otherwise be difficult to access with the visitor parking space occupied. The garages for the dwellings will need to be modified to create a space for the storage of bins that does not conflict with the minimum dimensions for a garage.

Amenity Impacts






Overlooking – Can comply subject to conditions. Generally habitable room windows have been adequately screened, however the first floor bedroom windows of Dwellings 2 and 3 have no treatment to prevent overlooking. An external screening device can be required to ensure compliance with Standard B22. The existing fence along the northern boundary is inadequate and will need to be replaced with a new fence at least 2 metres high. Screening to balconies exceeds the ResCode requirement. Subject to the above requirements, it is considered that the proposal will comply with the ResCode Standard.


Daylight to new windows – Complies.

Private Open Space – Complies.


Storage – Complies.

Front fence – Can comply subject to condition. The 1.8 metre high fence between Dwelling 1 and the street frontage will need to be deleted or reduced in height to 1.2 metres, with the style/material to compliment the dwelling (not timber paling).



5. CONCLUSION


• The provision of medium density housing in this location is encouraged by the Knox Housing Policy as future occupants will take advantage of existing services and infrastructure.

• The proposed development is consistent with the neighbourhood character policy and provides an appropriate built form outcome for a Major Activity Centre. The site is located where it can take advantage of public transport, shops and services.



6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for five (5) double storey dwellings at 3 Mossfield Avenue, Ferntree Gully, subject to the following conditions:

Amended plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

1.1 The first floor north facing bedroom windows of Dwelling 2 and 3 to be screened with external louvers to 1.7 metres above ground level in accordance with Standard B22 of ResCode.

1.2 The garage to Dwelling 4 relocated 500mm north to increase the turning area available to the carport for Dwelling 5.

1.3 The garages for Dwellings 2 to 4 modified to provide an area for the storage of rubbish and recycling bins, without encroaching on the minimum internal dimensions required for a single garage.

1.4 Deletion of the external bin storage area to the west of the visitor parking space. Bin storage is to be provided within the garages for Dwellings 2 to 4 in accordance with Condition 1.3 of this Permit.

1.5 The dimensions of the visitor parking space increased to provide a minimum width of 3.5 metres and length of 6 metres, with the driveway modified accordingly.

1.6 Removal of the Cypress and Loquat within the front setback, and Sweet Pittosporum within the private open space for Dwelling 1.



1.7 The crossover altered to align with the driveway at the title boundary. The driveway and crossover must not exceed a maximum width of 3 metres at the title boundary.

1.8 The fence surrounding the private open space of Dwelling 1 facing the street to be stained and capped.

1.9 The 1.8 metre high fence between Dwelling 1 and the street deleted or reduced to a maximum height of 1.2 metres with the style/materials to compliment the proposed dwelling (not timber paling).

1.10 The location of the two Eucalyptus sideroxylon trees located adjacent the western boundary fence on the adjoining property. The Tree Protection Zone is to be shown for each tree (TPZ radius 5.87 metres for the tree closest to the southern boundary; TPZ radius 4.4 metres for the tree closest to the northern boundary).

1.11 An annotation that no excavation is to be undertaken within the Tree Protection Zones of the two Eucalyptus sideroxylon trees located adjacent the western boundary on the adjoining property.

1.12 Any required re-design or alternative construction methods to Dwelling 5 following root investigation works required by Condition 8 of this Permit.

1.13 An annotation that the driveway is to be constructed above the existing grade with a structural or gap-graded soil used for the base of the driveway, and permeable or porous material used for the sections of the driveway occurring within the TPZ radius of the trees existing on the adjoining property adjacent the southern boundary.

1.14 The location and height of the meter box structure, and if combined with the letter boxes it is to have a maximum height of 900mm or relocated clear of a splayed area (2m x 2.5m) to ensure safe sightlines.

1.15 Drainage plans in accordance with Condition 2 of this Permit.

1.16 Landscape plans in accordance with Condition 3 of this Permit.

1.17 A Sustainable Design Assessment in accordance with Condition 6 of this Permit.



Drainage plans









Landscape plans
















7. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment to the satisfaction of the Responsible Authority.



Root Investigation Works

8. Air knife, hydro-excavation or hand digging by spade shall be used to determine the location of roots the two Eucalyptus sideroxylon trees adjacent the western boundary on the adjoining property to the depth of proposed cut, footings or foundations where applicable, allowing an assessment of the developments impact on the two trees, and the development amended accordingly in accordance with Condition 1.11 if required. Council’s Arborist must be contacted on 9298 8125 to enable inspection of the root investigation work to determine whether any roots encountered will require alternative construction methods or re-design of Dwelling 5.

General





Carparking and Driveways

13. Before the dwellings are occupied, driveways and carparking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.




15. Visitor parking shall be adequately linemarked, signed or paved, and maintained to the satisfaction of the responsible authority.

Fencing



Stormwater


Tree Protection

19. All works, including excavation, within the critical root zone areas of the tree/s to be retained and other critical root zones on the land must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

20. Prior to any works commencing on the site, all trees and vegetation to be retained including other critical root zones must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.



21. The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

22. The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

23. No temporary removal of the fence or encroachment into the protection zone is permitted without the written consent of the responsible authority.

24. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

25. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority: 25.1 Construction activities. 25.2 Dumping and/or storage of materials, goods and/or soil. 25.3 Trenching or excavation. 25.4 Lopping branches, nailing or affixing signs, service lines,

lights etc to the trees.

26. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.

Amenity During Construction




27.1 the appearance of building, works or materials on the land 27.2 parking of motor vehicles 27.3 transporting of materials or goods to or from the site 27.4 hours of operation 27.5 stockpiling of top soil or fill materials 27.6 air borne dust emanating from the site 27.7 noise 27.8 rubbish and litter 27.9 sediment runoff Should the development cause undue detriment to the amenity of the area then immediate remedial measures must be undertaken to address the issue as directed by, and to the satisfaction of, the Responsible Authority.

Permit Expiry


(i) The development is not started within two years of the date of this permit. (ii) The development is not completed within four years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within three months afterwards.

NOTES

Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to

analyse the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.


Recommendation (cont’d) • Tc = 53 minutes; Tso = 40 minutes • The total Permissible Site Discharge for the property including all

dwellings is 3.4 L/s to the existing Council drainage system for a 5 year ARI event.

• Applicant is to direct all stormwater to the Council drain at the rear of the property as this represents the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the site to the LPD via an Onsite Detention (OSD) system. The internal drains for the dwellings are to be independent of each other.

• The Applicant is required to use Australian Height Datum (AHD) to present levels in all future plans. Applicant must ensure that levels on the plan are accurate.



• Water Sensitive Urban Design (WSUD) should be addressed as part of this development, e.g. water storage tanks, swale drains, etc.

Other Notes: • Council encourages the consideration of water storage tanks for all

existing and proposed residential developments. • A building permit must be obtained before development is

commenced. • Buildings are not allowed to be built over Council easements. • The dwelling/s must achieve a minimum 6-Star Energy Rating. • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. • Indigenous plants can be purchased through approved indigenous

nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.

• For details regarding the cost of and arranging the timing of the removal and replacement of the street tree/s please contact Council’s Parks Service Team on (03) 9298 8423.




• All letterboxes shall face towards the street frontage and if located adjacent to the driveway the letterboxes and any associated structures shall not be greater than 900mm in height.

• Internal public lighting shall be provided to the satisfaction of the relevant authority and in accordance with AS1158. This would generally be low height or bollard type lighting to avoid spill-over into adjacent properties. It may be sensor activated, to avoid all night running costs.



COUNCIL RESOLUTION MOVED: CR. COLE SECONDED: CR. McMILLAN That the recommendation be adopted. CARRIED


FRIBERG WARD

6.8 APPLICATION TO DEVELOP THE LAND FOR FIVE (5) DOUBLE STOREY DWELLINGS AT 13 LYDFORD ROAD, FERNTREE GULLY, Melway Ref. 73 G4 (Application No. P2011/6970)

1. SUMMARY:

Land: 13 Lydford Road, Ferntree Gully Applicant: D Goldenberg Proposed Development: The development of the land for five (5)

double storey dwellings Existing Land Use: Single Dwelling Area/Density: 1,075m2 / 1:215m2 Zoning: Residential 1 Zone Overlays: No Overlays Local Policy: Municipal Strategic Statement (MSS)


Application Received: 30 November 2011 Number of Objections: Five (5) PCC Meeting: N/A

Assessment:

The proposal generally complies with the Housing Policy, Neighbourhood Character Policy and ResCode.

The proposal generally complies with the Residential 1 Zone.

On balance it is considered that the proposal responds well to State and Local Planning Policies, subject to modifications. It should be noted that this is a large site capable of absorbing five dwellings whilst making a positive contribution to the character of the area.

It is recommended that Council issue a Notice of Decision to Grant a Planning Permit, subject to conditions.

203 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.8 13 Lydford Road, Ferntree Gully (cont’d)

2. BACKGROUND



• The subject site is located on the north-east side of Lydford Road in Ferntree Gully. The site is irregular in shape with a frontage to Lydford Road of 24.38 metres and Silverton Drive of 8.8 metres, length of 34.49 metres 49.38 metres and 48.77 metres, and a total site area of 1,075m2. A single storey dwelling occupies the site, along with associated outbuildings with vehicle access via the south-western corner of the site.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area contain a mix of single and double storey brick dwellings. Mountain Gate Shopping Centre is located 250 metres (as the crow flies) to the north.

• There are no significant trees on the site.

2.2 The Proposal


The applicant proposes to remove the existing dwelling and construct five (5) double storey dwellings. Details are as follows:

• Dwelling 1 will have a front setback from Lydford Road of 6.4 metres and a side setback from Silverton Drive of 4.8 metres. Dwelling 1 will contain 2 bedrooms on the ground floor with open planned kitchen, meals and living areas on the upper floor.

• Dwellings 2, 3, and 4 will be orientated to face the western side of the site. Each dwelling will contain 2 bedrooms on the ground floor with open planned kitchen, meals and living areas on the upper floor.

• Dwelling 5 will also be orientated to face the western side of the site but will contain 2 bedrooms on the upper floor with open planned kitchen, meals and living areas on the ground floor.

• Each dwelling will be provided with a single car garage. Access to the dwellings will be via a new shared crossover off Lydford Road. A visitor space has also been provided on-site.

• All trees are to be removed to facilitate the development.


3. CONSULTATION

3.1 Advertising

The application was advertised by way of a sign on the site and notices were sent to adjoining property owners and occupiers. A total of five (5) objections were received. The concerns raised in the objection and responses to these concerns are provided below:

Devaluation of Properties

• This is not a valid planning concern.

Overdevelopment

• The proposal is not considered to be an overdevelopment of the site with the dwellings generally complying with ResCode standards (Section 4.3), in particular, car parking, secluded private open space, site coverage, landscaping, overlooking and overshadowing. Further, the proposal is considered to achieve the neighbourhood character design objectives of the Garden Suburban Precinct in terms of providing adequate areas within the development for the establishment of additional landscaping, upper level walls articulated with a mix of building materials and colours to reduce building bulk and car parking located to the side of the dwellings to minimise any dominance of car parking within the frontage.

Overlooking, loss of sunlight and overshadowing

• There is opportunity for overlooking from the living room window of Dwelling 4, as well as from Balconies 2, 3 and 4. This will be addressed via conditions on any permit issued. The development complies with overshadowing limits.

Traffic congestion, on site car parking and safety

• Car parking has been provided at ratios consistent with the Parking Provision Standard of ResCode. Car parking provision is considered to be adequately catered for in the proposed design. Further, the proposed development is not expected to cause an unreasonable increase in traffic flows within the local street network. Council’s Traffic Engineer’s have not objected to the proposal.


• An assessment of the proposed development against Clause 22.07 Neighbourhood Character Policy is provided at Section 4.2.2 of this report.


Impact on infrastructure

• Conditions on any permit issued would ensure the site is adequately drained so as not to put any additional pressure on the existing system. Provision of sewerage and electrical infrastructure must be to the satisfaction of the relevant authorities.

Waste Management

• A condition on any permit will require a Waste Management Plan to be submitted to and approved by the Responsible Authority.

3.2 Referrals

The application has been referred to internal departments for comment. No objection has been raised; the following is a summary of relevant advice:

Traffic Engineer

• The visitor car space shall be 2.6 metres wide allowing bins from Dwelling 4 to move out from private open space area.

• Other standard conditions to be included on any permit issued.

Drainage Engineer


Arborist

• None of the plants growing on the site are significant. All vegetation can be removed to facilitate the development.

• Two trees growing on the neighbour’s property are potentially affected by the proposed development. These are the Acmena smithii and Syzgium paniculatum growing next to the east boundary fence. Buildings will be constructed 2.5 metres from these two trees which means construction (trenching) occurs within the Tree Protection Zone (TPZ) radii of the trees. Exploratory works are required to locate the roots of the neighbour’s trees growing on the subject site. As notated on the submitted plans, alternative methods of trenching might be required to construct the foundations if a substantial number of tree roots are found.

Strategic Planning

• In the absence of a Structure Plan for Mountain Gate the boundaries of this Major Activity Centre are not clearly defined. Until a structure plan is approved for Mountain Gate, Clause 22.10 of the Knox Planning Scheme (Housing) states that well designed medium density housing will be favourably considered within 400 metres easy walking distance from the edge of business zones in Principal and Major Activity Centres.


• While the proposed development is not technically located within “400 metres easy walking distance from the edge of the business zones” it is located within the general environs of the Mountain Gate Major Activity Centre and makes a positive contribution to housing diversity in Ferntree Gully, and on this basis strategic planning have no objection to the proposed development.

4. DISCUSSION



4.1.1 Zone

The site is located within the Residential 1 Zone. Within both the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

• The purpose of the zone supports the proposed development by encouraging residential development that both respects the character of the area and meets the housing needs of a variety of household types.




Key Policies:


• The development incorporates visually interesting and high quality architecture along the Lydford Road Drive and Silverton Drive, as well as for the length of the site.



• The density of the development contributes to the consolidation of urban development being located within reasonable distance to urban services and transport. A Sustainable Design Assessment will be required to be submitted as a condition of any permit issued.

Clause 16.01 - Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.


• Housing choice – The proposed development provides a different form of housing to that provided in the area and providing the option of dwellings with two bedrooms on smaller lots is considered to increase housing choice.

• Existing infrastructure – the site is located within a fully serviced area.

• Energy efficiency – this has been discussed above under Clause 15.02.

• Location – the site is located within the general environs of the Mountain Gate Major Activity Centre.


• The site is located within 350 metres walking distance of a bus stop on Mountain Gate Drive, which is serviced by bus routes No. 755.

• Route No. 755 provides access between Bayswater and Knox City via Boronia and Mountain Gate and operates between 5.53am and 9.27pm Monday to Friday at 20 minute intervals; between 7.51am and 9.18pm Saturdays at 60 minute intervals and between 8.55am and 9.21pm Sundays at 60 minute intervals.



Clause 21.05-2 Municipal Strategic Statement (MSS) (Housing) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is within the environs of the Mountain Gate Major Activity Centre. Since the Mountain Gate Structure Plan was abandoned by Council, the exact boundaries of the centre are less defined. This site is within the Residential 1 Zone, but does not meet the performance measure outlined in Clause 22.10 (Housing Policy) of the Planning Scheme as it is more than a 400 metre walk (approx. 470m) to the edge of the Business Zone of the Centre.


• The development is considered to strike a reasonable balance between the provision of additional housing within the environs of a Major Activity Centre and respecting the existing character of an area that will experience change over time.

Clause 22.07 Neighbourhood Character: Garden Suburban Precinct – The desired future character of this area is for low scale dwellings set within an open landscape with occasional large native trees and in some precincts large stands of native and exotic trees.



• There is no remnant or significant trees on site. There are opportunities for planting within the front setback and within the side and rear setbacks.

To maintain the rhythm of spacing between dwellings.

• Attached form is only at ground level, with upper level footprints reduced and individual roof forms provided. There are opportunities for planting within the front setback and within the side and rear setbacks, which will maintain and enhance the landscape character of the area.



• The development incorporates visually interesting and high quality architecture along the Lydford Road and Silverton Drive frontages and is appropriate within a Major Activity Centre.

To maintain the openness of front boundary treatments.

• There are opportunities within the street setbacks to provide landscaping. No fencing will be provided along the street frontages to maintain the openness of the front boundary.

To minimise loss of garden space and dominance of car storage facilities.

• Car parking has been located behind the dwellings.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.

It is policy that until a Structure Plan is approved, well designed medium density housing be favourably considered within 400 metres easy walking distance from the edge of the business zones in Major Activity Centres such as Mountain Gate.

Given that the site does not meet the locational criteria, the housing policy directs that infill medium density housing in dispersed residential locations respect and complement the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy and Clause 22.01 Dandenong Foothills policy, where relevant.



• The proposed development incorporates a diversity of dwelling sizes and will contribute to the diversity of housing in Knox.





• The proposed development incorporates visually interesting and high quality architecture along the Lydford Road and Silverston Drive frontages and will make a positive contribution to the future urban fabric, amenity and neighbourhood character of the area.


• There is no endorsed structure plan for the Mountain Gate Activity Centre.


• Two storey building heights are considered normal to residential areas within Knox. In addition, the two storey built form is setback a minimum 2.7 metres from surrounding properties allowing some separation from the site boundaries.




Neighbourhood Character – Generally complies, refer to Section 4.2.2 above

Residential Policy - Complies

Infrastructure – Complies. A condition on any permit will require a Drainage Plan.

Integration with the Street – Complies

Site Layout and Building Massing Street Setback – Non compliance, the nominated front setback to Lydford Road of 6.4 metres does not meet the requirements of ResCode. It is considered that the reduced front setback is considered acceptable in this instance as a greater side setback to Silverton Drive has been provided. The front and side setbacks are sufficient enough to allow for appropriate landscaping.


Building Height – Complies

Site Cover/permeability – Complies

Energy Efficiency – Complies. A condition on any permit will require a Sustainable Design Assessment.

Landscaping – A condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Complies

Parking provision and location – Complies

Amenity Impacts

Side and rear setbacks – Complies

Walls on boundaries – Complies


Overshadowing open space – Complies. (Refer to attached plans at Appendix B)

Overlooking – Non Compliance, the living room window to Dwelling 4 must be appropriately screened to prevent any overlooking to the north-west. A condition on any permit issued will require the plans to address this issue.

Internal views – Non compliance, the south facing living room windows to Dwelling 2 must have fixed external screening to prevent internal overlooking into the north facing meals windows to Dwelling 1. Furthermore, the balconies to Dwellings 2, 3 and 4 must be appropriately screened to also prevent any internal overlooking. A condition on any permit issued will require the plans to address these issues.



Private Open Space – Complies. Dwellings 1, 2, 3, and 4 have been provided with balconies with a minimum width of 1.6 metres. Dwelling 5 has been provided with secluded private open space to the ground floor.







5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy. As discussed above, the site is located within an established residential area in the environs of the Mountain Gate Activity Centre.

• The design of the new dwellings is consistent with the Neighbourhood Character objectives as the dwellings are low scale, setback from boundaries to allow for additional landscaping opportunities, which will maintain and enhance the landscape character of the area.


6. CONFIDENTIALITY


RECOMMENDATION

That Council issue a Notice of Decision to Grant a Planning Permit to develop the land for five (5) double storey dwellings at 13 Lydford Road, Ferntree Gully subject to the following conditions:

Amended plans

1. Prior to the commencement of any buildings or works, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided.



The plans must be generally in accordance with the plans prepared David Goldenberg Architects but modified to show:

1.1 Annotation on the site plan that all parking areas, driveways and area in front of all garages must be kept available and maintained for these purposes at all times to the satisfaction of the Responsible Authority.

1.2 The living room window to Dwelling 4 appropriately screened to prevent any overlooking from the north-west.

1.3 1.7 metre high screening provided to the north side of Balcony 2.

1.4 Additional 1.7 metre high screening provided to the north side and 2 metres down the western side of Balcony 3.

1.5 1.7 metre high screening provided to the entire Balcony 4.

1.6 The visitor car space to be reduced to 2.6 metres wide.

1.7 All internal elevations provided.

1.8 East facing windows on the upper level for Dwelling 1 shown on the site plans.

1.9 Annotation on the site plan that all structures (including fences, letterboxes and meters) shall be constructed to a maximum height of 900mm clear of the splay area in accordance with AS 2890.1, Clause 3.2.4. All letterboxes must face the street.

1.10 Any required re-design or alternative construction methods of Dwellings 3 and 4 following root investigation works required by Condition 14.

1.11 Drainage Plans in accordance with Condition 2.

1.12 Landscape Plans in accordance with Condition 4.






Drainage plans









3. Stormwater runoff from all buildings and hardstand surfaces shall be properly collected and discharged in a complete and effective system of drains within the property and shall not cause or create a nuisance to abutting properties.

Landscape plans











4.8 The plans must also show the provision of eight (8) additional indigenous or native canopy trees and at least 10 additional large shrubs chosen from Appendix 4 or 5 of Council’s Landscape Guidelines for Planning Permits. These canopy trees must be at least two metres tall when planted.






8. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment.




9. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation, and must be undertaken by a private contractor, to the satisfaction of the Responsible Authority. Council will not collect waste from the proposed development.

General





Tree Root Investigations

14. Air knife, hydro-excavation or hand digging by spade shall be used to determine the location of roots along the eastern walls of Dwelling’s 3 and 4 to the depth of proposed cut, footings or foundations where applicable, allowing an assessment of the developments impact on the neighbour’s trees, and the development amended accordingly in accordance with Condition 1.10 if required. Council’s Arborist must be contacted on 9298 8125 to enable inspection of the root investigation work to determine whether any roots encountered will require alternative construction methods or re-design of Dwelling’s 3 and 4.

Tree Protection

15. All works, including excavation, within the critical root zone areas of the tree/s to be retained and other critical root zones on the land must be undertaken under the supervision of a qualified Arborist to ensure that there is no unreasonable damage to the root system of trees to be retained and/or protected, to the satisfaction of the Responsible



Authority. Before the development starts, the owner must submit to the Responsible Authority details of the name of the Arborist who will supervise the works and the tasks to be undertaken by the Arborist, to the satisfaction of the Responsible Authority.

16. Prior to any works commencing on the site, all trees and vegetation to be retained including other critical root zones must be fenced off to create a protection zone. The protection zone must extend around the trees canopy drip-line unless an alternative tree protection zone has been approved by the responsible authority.

17. The fence is to be chain link or wire mesh, comprise either wooden or steel posts set into the ground or on concrete pads, and be a minimum height of 1.4 metres. Signage is to be affixed to the fence advising that the area is a tree protection zone and a no-go development area.

18. The fence and signage is to be maintained throughout the construction period and removed at the completion of all works.

19. No temporary removal of the fence, or encroachment into the protection zone is permitted without the written consent of the responsible authority.

20. Prior to erecting the fence around the tree protection zone, all unwanted vegetation and weed species must be removed from within the zone, and the ground within the protection zone must be covered with a layer of well composted organic mulch (maximum 100mm depth). The area is to be watered at least fortnightly throughout the construction period.

21. The following activities are prohibited from the tree protection area, without the written consent of the responsible authority:

21.1 Construction activities.

21.2 Dumping and/or storage of materials, goods and/or soil.

21.3 Trenching or excavation.

21.4 Lopping branches, nailing or affixing signs, service lines, lights etc to the trees.

22. Prior to any works commencing on site, the Responsible Authority must be contacted to inspect the Tree Protection fencing.



Car parking and Driveways

23. Before the dwellings are occupied, driveways and car parking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.


25. Visitor parking shall be accessible by public at all times, centrally located, adequately linemarked, signed or paved, and maintained to the satisfaction of the Responsible Authority.

26. All vehicles must enter and exit the site in a forward direction.

Fencing



Construction Amenity

29. Upon commencement and until conclusion of the development, the developer shall ensure that the development does not adversely affect the amenity of the area in any way, including: 29.1 the appearance of building, works or materials on the land 29.2 parking of motor vehicles 29.3 transporting of materials or goods to or from the site 29.4 hours of operation 29.5 stockpiling of top soil or fill materials 29.6 air borne dust emanating from the site 29.7 noise 29.8 rubbish and litter

29.9 sediment runoff




Permit Expiry





NOTES Drainage Notes (to be read in conjunction with the above drainage conditions): • Applicant shall engage a certified Engineering Consultant to analyse

the site’s existing drainage to determine type and size of the Onsite Detention (OSD) system. This shall be designed in accordance with the Knox City Council (Responsible Authority) Stormwater Drainage Guidelines, (copy available on request), and approved drainage design methods specified in the current edition of Australian Rainfall and Runoff. It should be located preferably in a common area to the dwellings, and be easily accessible for maintenance.

• Tc = 33 minutes; Tso = 22 minutes • The Applicant is required to use Australian Height Datum (AHD) to

present levels in all future plans. Applicant must ensure that levels on the plan are accurate.



• Water Sensitive Urban Design (WSUD) should be addressed as part of this development, eg water storage tanks, swale drains, etc.

Other Notes • In accordance with Council policy, an 8.5% public open space

contribution may apply in the event of the subdivision of the land. • A building permit must be obtained before development is

commenced. • Road Opening Permit is required for the proposed crossovers.



• The dwelling/s must achieve a minimum 6-Star Energy Rating. • Indigenous plants can be purchased through approved indigenous

nurseries, as listed in the Knox City Council 'Preferred Local Replacement Plants' Information Sheet.


• Raised concrete slabs on the existing footpath fronting the site should be grounded. A Road Opening Permit is required.

• All letterboxes shall face towards the street frontage and if located adjacent to the driveway the letterboxes and any associated structures shall not be greater than 900mm in height


COUNCIL RESOLUTION MOVED: CR. WALTER SECONDED: CR. COOPER

That Council Issue a Refusal to Grant a Planning Permit for the development of five (5) double storey dwellings at 13 Lydford Road, Ferntree Gully, on the following grounds:

1. The proposed development is not considered to be consistent with Council’s Housing Policy (Clause 22.10).

2. The proposed development is not considered to be consistent with Council’s Neighbourhood Character Policy (Clause 22.07).


4. The proposal does not meet the objective in Clause 55.03-1 (Standard B6 - Street Setback) of the Knox Planning Scheme.

5. The proposal represents an overdevelopment of the site through the limited areas for meaningful planting, building bulk/visual mass and variation to the minimum street setback.

CARRIED


COLLIER WARD

6.9 APPLICATION TO DEVELOP THE LAND FOUR (4) DOUBLE STOREY DWELLINGS AND CREATION OF ACCESS TO A ROAD ZONE CATEGORY 1 AT 280 WANTIRNA ROAD, WANTIRNA, Melway Ref. 63 G4 (Application No. P/2011/6589)

1. SUMMARY:

Land: 280 Wantirna Road, Wantirna Applicant: Pacer Developments Pty Ltd Proposed Development: The construction of four (4) double

storey dwellings and creation of access to a Road Zone Category 1

Existing Land Use: Single Dwelling Area/Density: 1083m2 / 1:270 m2 Zoning: Residential 1 Zone Overlays: None Local Policy: Municipal Strategic Statement


Application Received: 29 July 2011 Number of Objections: None PCC Meeting: N/A Assessment:

An application for review of Council’s failure to make a decision within the prescribed timeframes of the Planning and Environment Act 1987 has been lodged with VCAT. A merits hearing has been scheduled for 3 April 2012.

The proposal does not comply with the Housing Policy or Neighbourhood Character Policy.

An assessment of the design has revealed there are areas of non-compliance with ResCode, which could be addressed through a re-design of the proposal.

On balance it is considered that the proposal does not respond well to State and Local Planning Policies. It is recommended that if Council was in a position to decide upon the application within the statutory timeframes, Council would have issued a Notice of Decision to Refuse a Planning Permit.

228 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.9 280 Wantirna Road, Wantirna (cont’d)

2. BACKGROUND



• The subject site is located on the western side of Wantirna Road in Wantirna. The allotment is a rectangular shape with a frontage of 25.03 metres, a depth of 43.28 metres and an overall site area is 1083m2. The site is currently occupied by a single storey dwelling setback approximately 12.5 metres from the frontage with vehicular access on the northern side. There is a 2 metre high front fence constructed of painted horizontal boards.

• Adjoining the southern and northern boundaries are residential properties developed with single dwellings. To the west residential properties fronting Bellbird Drive are developed with single dwellings. Surrounding development is characterised by single and two storey dwellings, with established gardens.

• The site does not contain any significant vegetation.

2.2 The Proposal


The applicant proposes to remove the existing dwelling and construct four (4) double storey dwellings and alter access to a Road Zone Category 1. Details are as follows:

• A new 6 metre wide crossover will be constructed centrally along the frontage to provide access to a driveway leading to the rear of the property.

• Dwelling 1 and Dwelling 4, located on either side of the central driveway, will be setback from Wantirna Road 6 metres. Each dwelling comprises kitchen, family and meals area, master bedroom, powder room and laundry on the ground floor. The first floor contains two bedrooms, bathroom, living room and balcony. Secluded private open space is located to the front and side of the dwelling, secluded by a 1.8 metre high front fence. A double garage for each dwelling is located to the rear of each dwelling.


• Dwelling 2 and Dwelling 3 front the internal accessway. Each dwelling contains kitchen, family and meals area, master bedroom, powder room and laundry on the ground floor. The first floor contains two bedrooms, bathroom and living room. Secluded private open space is located to the rear of the dwellings. Each dwelling is provided with a double garage.

• The proposed dwellings will have a contemporary design with brick and render walls and a pitched roof to the ground and first floor.

• All vegetation will be removed to facilitate the development.

3. CONSULTATION

3.1 Advertising

The application was advertised by way of signs on the frontage of the site and notices were sent to adjoining property owners and occupiers. No objections were received to the application.

3.2 Referrals

The application has been referred to internal departments and VicRoads for comment. No objection has been raised; the following is a summary of relevant advice:

Traffic Engineer


Drainage Engineer


VicRoads

• No objection subject to conditions to be included on any permit issued.

4. DISCUSSION




4.1.1 Zone

The subject site is located within a Residential 1 Zone. A permit is required pursuant to Clause 32.01-4 to construct two or more dwellings on a lot.

There are no Overlays.




Key Policies:


• The development proposes medium density housing in a preferred location. Notwithstanding this, the design is poorly conceived, particularly in respect to the location of the secluded private open space for Dwelling 1 and Dwelling 4, and does not meet preferred neighbourhood character themes (as discussed below).

Clause 15.02 Energy and Resource Efficiency – Ensure land use and development is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

• The proposal contributes to the consolidation of urban development through the provision of increased density within an existing residential area in a preferred location. Dwellings are orientated to the north and eaves will provide solar protection. Further, the requirement for a Sustainable Design Assessment would be included on any permit to issue.


Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing. Locate new housing in or close to activity centres and employment corridors and at other strategic development sites that offer good access to services and transport.


• Housing choice – providing the option of dwellings on smaller lots is considered to increase housing choice.



• Location – The site is located not located within 400 metres walking distance of an activity centre.


• The site is located on the Principal Public Transport Network, with Smart Bus - Route 901 running along Wantirna Road. The nearest bus stop is located between 100-150 metres south of the subject site.

• The Smart Bus - Route 901 from Ringwood to Frankston via Knox City, Rowville, Dandenong and Carrum Downs operates from Knox at 5.17am to 12.19am Monday to Friday at various intervals with peak times being every 15 minutes. Saturday services operate from 5.55am to 12.17am from Knox City half hourly. Sunday services operate from Knox City at 7.17am to 9.17pm half hourly.


Clause 21.05-2 Municipal Strategic Statement (MSS) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.


• The site is not located in an Activity Centre or key redevelopment site, however it is located on the Principal Public Transport Network.


• Whilst proximity to facilities is a characteristic which is desirable when considering new medium density development, it is not however a pre-requisite. Clause 22.10 recognises that well designed medium density housing consistent with neighbourhood character themes can also be contemplated on sites in more dispersed residential locations. However, the development fails to make a positive contribution to the desired neighbourhood character as described above and therefore cannot be justified.

Clause 22.07 Neighbourhood Character: Garden Court Character Precinct 1 – The desired future character of this area is for “low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees.” The key design objectives are: To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

• There are no significant trees on the site. Broader garden character matters are relevant and these have been considered. The proposed front setback will allow for canopy tree planting, and smaller tree species can be accommodated within rear private open space areas.


• The building siting is such that there is minimal separation in between dwellings down the length of the site. This results in a poor neighbourhood character response and amenity impacts to adjoining properties. The re-location of the secluded private open space for Dwelling 1 and Dwelling 4 to the rear of the dwellings would provide a separation in the built form.



• The new two storey built form at the front is generally well setback from the street, consistent with neighbourhood themes.


• A front garden appearance to Dwelling 1 and Dwelling 4 is retained, however the proposed fencing within the frontage fragments the landscaping opportunities.

• All car storage is located to the rear of the dwellings. To maintain the openness of front boundary treatments.

• It is not uncommon for high front fencing along main roads, however it is important to maintain the openness of front boundary treatments regardless of the site’s location. Therefore, while a front fence that allows transparency could be supported, any fencing required to create secluded private open space will need to be solid, which is not consistent with the fencing style shown on the plan. This is an issue with the location of secluded private open space within the frontage.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households over the 25 years to 2030.

In response to this forecast, the Housing Policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character Policy and Clause 22.01 Dandenong Foothills Policy, where relevant.



• The proposal for four larger dwellings on smaller allotments would contribute to housing diversity. The dwellings provide smaller areas of open space, which are easier to maintain.



• The subject site is not located to take advantage of frequent public transport services between 6.00am and 11.00pm, daily, seven days a week.

The proposed development makes a positive contribution to the desired future neighbourhood character as identified at Clause 22.07 Neighbourhood Character Policy or an approved structure plan or urban design framework.

• Neighbourhood character is discussed above under Section 4.2.2 (Clause 22.07 Neighbourhood Character).




Neighbourhood Character – Does not comply, refer to Section 4.2.2 above.

Residential Policy – Does not comply, as discussed under Section 4.2. Infrastructure – Complies. Integration with the Street – Complies.


Street Setback – Does not comply with Standard, however could comply with the objective subject to a re-design to ensure that secluded private open space is not located within the front setback. The proposed front setback is 6 metres, whereas Standard B6 requires a minimum setback of 9 metres. Whilst the proposed front setback is less than Standard B6 requires, it allows for the efficient use of land located within a preferred medium density location. While the variation to the Standard could be supported, this should not be combined with the encroachment of the secluded private open space within the front setback, and solid fencing which would be required to screen this area.



Site Cover/Permeability – Complies.

Energy Efficiency – Complies.

Safety – Complies.

Landscaping – Does not comply, as insufficient areas for landscaping have been provided at the entrance to Dwelling 2 and Dwelling 3 and to soften the large expanse of hard stand area associated with the driveway. A condition on any permit issued will require that appropriate landscape plans are submitted to the satisfaction of the Responsible Authority.

Access – Can comply subject to a condition that requires a 4 metre turning radius at changes in direction.

Parking provision and location – Does not comply, as a minimum setback of 1 metre has not been provided between the master bedroom in Dwelling 3 to the shared accessway, to ensure minimum internal amenity.

Amenity Impacts




Overlooking – Complies.

Internal views – Complies.

Noise – Complies. Any habitable room windows fronting Wantirna Road will need to be double glazed to reduce the impact of traffic noise on the internal amenity of these rooms.


Daylight to new windows – Does not comply, a 1 metre clear light court has not been provided to the south-facing master bedroom on the ground floor of Dwelling 2. This should not be achieved simply by removing the eaves.


Private Open Space – Does not comply. The secluded private open space to Dwelling 1 and Dwelling 4 is located forward of the dwelling, within the front setback. This is inconsistent with the neighbourhood character objectives in Clause 22.07 of the Knox Planning Scheme, as a solid fence will be required (rather than a fence with 50% transparency as shown) to ensure this area is given adequate amenity for future occupants of the dwellings, which will fragment the streetscape and landscaping opportunities. Instead, the design outcome must ensure that the location of the secluded private open space is to the rear or side of the dwellings.

The location on a main road with considerable traffic noise is also inappropriate. The secluded private open space for these dwellings should be located to the rear, to allow noise to be limited by the built form, and appropriate seclusion.


Storage – Complies.

Design detail – Complies.

Front fence – Does not comply. A front fence to Wantirna Road could be supported, subject to this fence located along the frontage so as not to fragment the streetscape and landscaping opportunities, and allow visual permeability.



5. CONCLUSION

Clause 11 of the Knox Planning Scheme requires Council to balance relative policy objectives when making decisions to ensure resulting development is sustainable and achieves a net community gain. In this context, the development is inappropriate given the following:

• The proposed development does not achieve a satisfactory design response, with areas of non-compliance with ResCode.

• The proposal is inconsistent with Neighbourhood Character objectives and will not result in an outcome that contributes to the preferred neighbourhood character detailed at Clause 22.07 of the Knox Planning Scheme.

• The proposal represents an overdevelopment of the land.


6. CONFIDENTIALITY


RECOMMENDATION

Part 1

That were Council in a position to make a decision in the prescribed timeframes of the Planning and Environment Act 1987, it would have issued a Notice of Decision to Refuse a Planning Permit to develop the land for four (4) double storey dwellings and alteration to access in a Road Zone Category 1 Zone at 280 Wantirna Road, Wantirna subject to the following grounds:

1. The proposal does not achieve a design response that complies with Clause 55 of the Knox Planning Scheme (ResCode), in particular Standards B1 (Neighbourhood Character), B6 (Street Setback), B13 (Landscaping), B15 (Parking Location), B28 (Private Open Space) and B32 (Front Fencing).

2. The proposal does not comply with the Neighbourhood Character Policy (Clause 22.07) and Housing Policy (Clause 22.10) of the Knox Planning Scheme.

3. The proposal is an overdevelopment of the land. Part 2

Delegate the Director – City Development to amend Council’s position if amended plans are submitted that address Council’s grounds of refusal outlined in Part 1.

COUNCIL RESOLUTION MOVED: CR. COSSARI SECONDED: CR. COOPER That the recommendation be adopted. CARRIED

245 COUNCIL – CITY DEVELOPMENT 27 March 2012 COUNCILLOR MORTIMORE VACATED THE CHAMBER AT 8.57PM DURING DISCUSSION ON ITEM 6.10 COUNCILLOR MORTIMORE RETURNED TO THE CHAMBER AT 9.03PM DURING DISCUSSION ON ITEM 6.10

ALL WARDS

6.10 HOUSING POLICY MONITORING AND REVEW PROGRAM 2011

SUMMARY: Student Planner - Strategic Planning (Kaye Pawsey)

This report provides a summary of the annual Housing Policy Monitoring and Review Program report for the 2011. This is the fourth year of this monitoring program. The results show that although the number of planning permit approvals appear to be exceeding expectation, early indications suggest that the distribution of dwellings are not on track in meeting housing distribution targets as specified in Council’s Housing Statement. Overall, the number of planning permit approvals in 2011 was commensurate with those in the 2010 monitoring year. A significant increase in the number of planning permits approved in dispersed residential areas has increased the percentage of dispersed development to almost twice the proportion proposed. Therefore, early indications suggest Council may not achieve aspirational targets for housing distribution for the 2011-2015 monitoring period if this trend continues.

Despite an overall increase in planning approvals for development in dispersed areas, the majority of permits issued were for dual occupancies and villa units that would result in just one or two new dwellings. These dwelling types reflect the current form of detached dwellings in dispersed areas and respond to the age of the building stock, the lot sizes and market demand. Therefore, the Neighbourhood Character Policy in the dispersed areas together with the Housing Policy appears to be working effectively.

Other results showed a continued decline in approvals for development in the foothills, an increase in the number of two and three bedroom dwellings approved indicating a growing diversity consistent with the Knox Housing Statement.

In relation to social housing, there were only five new dwellings approved reflecting a significant fall in approvals for social housing projects.

RECOMMENDATION

That Council note the Housing Policy Monitoring and Review Program Annual Report, March 2012.

246 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.10 Housing Policy Monitoring & Review Program (cont’d)

1. INTRODUCTION

The Housing Policy Monitoring and Review Program was developed to assess the effectiveness of the Housing Policy in the Knox Planning Scheme in implementing the Knox Housing Statement. Reporting on the first five year monitoring period was completed in 2010, this is the fourth annual monitoring report and this year marks the first year of the next monitoring period 2011-2015.

This report provides a summary of the 2011 monitoring period, which covers the period from 1 January to 31 December 2011. The full report is attached as Appendix A.

2. DISCUSSION

The Knox Housing Statement was adopted by Council in 2005 and updated in 2007. It was prepared to respond to the changing demographics and housing trends forecast for the Knox community over the next 25 years; and to address the initiatives of Melbourne 2030 and the Knox Council Plan. The Knox Housing Statement is a strategic framework designed to guide decision making on the location, distribution, design and management of housing in the City of Knox.

One of the key actions to implement the Knox Housing Statement was to incorporate a local housing policy into the Knox Planning Scheme. This occurred in 2006. The Housing Policy guides decision making for all planning permit applications for new residential use and/or development within the urban growth boundary in Knox.

The Housing Policy is just one of many ways the Knox Housing Statement is implemented. The principles for residential development and housing is based on the following vision:

Enhancing the liveability and amenity attributes of the City of Knox by managing housing growth in a sustainable way, fostering social cohesion by ensuring the community’s housing needs can be met by providing a range of housing choices that are well located to public transport, shopping and community facilities while protecting the environmental and landscape qualities of the regionally significant foothills and the character of residential suburbs from the impacts of urban development.

This is currently implemented by the following initiatives: • The Knox Planning Scheme (includes the Housing policy); • The Knox Affordable Housing Plan; • Structure planning for activity centres; • Advocacy to State and Commonwealth Governments; • Monitoring and research;


The Knox Housing Statement sets out five principles for housing:

1. Meet the social needs of the community by encouraging the provision of affordable and diverse housing types to cater for a changing demographic profile that includes single person, couple and family households, and households with particular needs.

2. Ensure the planning for housing development contributes to sustainable urban growth and change, and the design of new dwellings incorporates best practice sustainable building performance measures.

3. Manage the conflict between the need for more housing and maintaining the valued qualities of identified areas of environmental and character significance by allowing residential suburbs to continue to evolve and change but in a way that strengthens the distinctive characteristics of each neighbourhood.

4. Ensure that residents have improved access to services, facilities and public transport by encouraging more housing within activity centres and in appropriate strategic locations.

5. Provide effective leadership and direction for the proper management of urban growth within the City of Knox to ensure that there is a sound foundation for decision making for future housing provision.

The following indicators are used to provide a commentary on how these principles and the housing targets are being achieved:

• total planning approvals for residential development (including new subdivision);

• distribution of new housing (location);

• diversity of new housing (size – number of bedrooms, and type i.e. apartment, townhouse, etc.);

• number of new social housing dwellings;

• delivery of public transport infrastructure service improvements; and

• application of the Neighbourhood Character and Dandenong Foothills local planning policies and overlays in the Knox Planning Scheme.

Importantly, the information in the report will serve as an input into the current Housing Policy Review project, and contributes to principle five in helping strengthen the delivery and implementation of the Knox Housing Statement.


2.2 Summary of findings of the Housing Monitoring & Review Program Report, March 2012 (1 January – 31 December 2011)

2.2.1 Total Approvals for Residential Development

The total number of planning permit approvals for new dwellings is calculated by adding the number of new dwellings approved in multi-dwelling permit applications and the number of new individual lots created in subdivision approvals. Subdivision numbers are included to capture single dwelling developments, because single dwellings do not usually require a planning permit.

The total number of new dwellings that could be provided (if all planning permits are enacted) is 590. This represents 32 per cent of the targeted 1,866 planning permit approvals projected over the 2011-2015 monitoring period.

2.2.2 Distribution of New Housing

The distribution of planning permits issued for residential development and new subdivision has been mapped (see Appendix B). The map shows distribution of proposed approved development across Knox, and the number of new dwellings associated with each permit.

The map shows a similar pattern of distribution to the previous 2010 monitoring period, with a notable increase in development activity within dispersed residential areas. In contrast to last year, there were permit approvals in four of the five activity centres, with six planning permits approved in the Stud Park Activity Centre and increased activity in the Mountain Gate Activity Centre. Permits in the Bayswater and Boronia activity centres tended toward medium and higher density, whereas the Stud Park and Mountain Gate activity centres had lower density development.

The number of approvals for development in dispersed areas for this last monitoring period was significantly higher than in the previous monitoring period; the majority of these were for dual occupancies.

There has been increased community concern about the quantum of change envisaged and occurring in the activity centres, particularly Stud Park (Rowville), Boronia and more recently, Mountain Gate. Given that the Rowville Structure Plan is under review and the draft Mountain Gate Structure Plan was abandoned (in June 2011) it is anticipated that approvals within Activity Centres may decrease due to uncertainty in the planning process.

Similar to the previous year, no planning permits were issued in 2011 for the Knox Central Principal Activity Centre. The number of planning permits issued for the Dandenong Foothills Policy area has continued to fall since the introduction of the Dandenong Foothills policy.


The Knox Housing Statement sets aspirational targets for new dwellings in different locations. In line with the Statement, an objective of the Housing Policy is to direct growth to preferred locations (activity centres, strategic redevelopment sites and along the Principal Public Transport Network (PPTN)). Table 1 below shows the aspirational targets for new dwellings as set out in the Knox Housing Statement, and compares this with the planning permits that have been issued for residential development and subdivisions. It demonstrates that: • The number of planning permit approvals in principal/major activity centres

and within 400m of neighbourhood activity centres remained relatively constant across the last two monitoring periods, with 213 approvals in 2010, compared to 217 in 2011.

• Overall approvals in activity centres accounted for 37 per cent of all planning permit approvals, which is significantly below the aspirational target of 49 percent for the entire monitoring period 2011-2015.

• There were 124 planning permits approved in strategic redevelopment sites, which was significantly lower than the 235 approvals during the 2010 monitoring year. This was due in part to the lower number of subdivisions occurring over this period at the Harcrest (Mirvac) site in Wantirna South.

• The number of planning permit approvals in dispersed residential areas, showed a significant increase from 152 during the previous monitoring period to 249 during the 2011 period.

The three charts below show the Knox Housing Statement aspiration targets and Housing Policy Monitoring and Review Program data for Planning Permit Approvals between 2006 and 2011 by location.


2.2.3 Diversity of New Housing

The Housing Policy includes objectives and policies to encourage the provision of different types and forms of housing. These all contribute to affordability, accessibility and housing choice.

The subdivisions captured in this report have been approved without plans for development. As such, it is difficult to determine what size dwellings will occupy the newly created lots. Given the current housing market in Knox and for the purpose of this report, Council officers have assumed that all new subdivisions will result in detached dwellings with four or more bedrooms.

The predominant dwelling type for planning permits was villa units. This was a change from the dominance of detached housing in the 2010 monitoring year. The predominance of villa units in 2011 may be related to the lower number of subdivisions in the Harcrest (Mirvac) site in Wantirna South (and therefore less detached housing). Overall, there was an increase in the number villa units approved, from 105 in 2010 to 177 in 2011.

The predominant dwelling size for planning permits was two bedrooms. This is a change from the 2010 monitoring year where the prevailing dwelling size was four plus bedrooms. The number of three bedroom dwellings has also increased significantly from 150 in the 2010 monitoring year to 229 in 2011. The number of four plus bedroom approvals dropped significantly from 207 in the 2010 monitoring period, to 47 during the 2011 monitoring year. As for dwelling type, this change most likely reflects the higher number of subdivisions approved during 2010 within the former Austral Brick site.

In 2011, there was an increase in planning applications for higher density developments within activity centres and along the Principal Public Transport Network. However, community and Council concern over the impact of higher density development has resulted in many of these applications being refused by Council and referred to VCAT for consideration. Therefore, these applications (if approved) will be captured in next year’s monitoring data.

2.2.4 Social Housing

While many factors that influence housing affordability are beyond the control of local government, there are actions that can be taken by Councils. These are articulated in the Knox Affordable Housing Action Plan 2007-2012.

The Planning Scheme can only encourage the provision of social housing – there is currently no means of specifying the provision of social housing within the Planning Scheme. However, it can be negotiated during the process of amending the Knox Planning Scheme to rezone land for residential use, as happened at the Harcrest (Mirvac) site in Wantirna South. Negotiations such as this also need a willing social housing provider – either the Office of Housing or a Registered Housing Association.


There was only one social housing development approved during this monitoring period, which will result in five new dwellings. This is a substantial reduction from last year’s 38 new dwellings, and may reflect the impact of the completion of the State Government’s National Building program in 2010.

In 2011 Council prepared a research Paper, ‘Defining affordable housing a minimum supply of social housing in Knox’. The Paper defines key affordable housing terms and proposes a method and justification for calculating a minimum supply of social housing required to accommodate people in Knox in significant need. The Paper does not commit Council to providing additional social housing; rather it strengthens its knowledge base, policy and therefore advocacy and negotiation position with social housing providers.

In January 2012 Council considered this research paper and resolved to: note the report; consider a business case for an Affordable Housing Project Officer; and adopt the five recommendations of the Paper, being:

1. Clear and specific definitions of ‘affordable’, ‘social’ and ‘public’ housing be consistently used by Council.

2. A focus on social housing be adopted for the purposes of defining a minimum supply of affordable housing.

3. A minimum supply of social housing be calculated using the following method: ‘Minimum supply benchmarked to the ‘need’ of low-income, non-home-owning households and acknowledging the availability of affordable private lettings’. This approach will accurately respond to the needs of the most vulnerable and disadvantaged households in Knox. This equates to needing an additional 700 social housing dwellings in Knox to 2030.

4. A five-year timeframe be used to calculate an annual minimum supply of social housing for Knox to help ensure that the critical housing needs of the most disadvantaged residents are addressed by 2015. This equates to 95 dwellings per year from 2010 to 2015 to reach a point where supply matches need, then 15 dwellings per year thereafter to 2030 to maintain parity.

5. The definitions of affordable housing and minimum supply of social housing for Knox be acknowledged in a range of Council policies and documents (as they are updated), including:

- the Knox Affordable Housing Action Plan 2007-2012; - the Knox Housing Statement 2005 (updated 2007); - the Municipal Strategic Statement in the Knox Planning Scheme;

and - the Sale of Council Land and Buildings policy.


2.2.5 Public Transport Infrastructure Service Improvements

There were no significant improvements to public transport infrastructure or services in 2011. Council is currently considering the Stage 1 Feasibility Study on the Rowville Rail.

2.2.6 Neighbourhood Character & Dandenong Foothills

The Housing Policy operates in conjunction with other provisions in the Planning Scheme. The Neighbourhood Character Policy and the Dandenong Foothills Policies, as well their associated planning controls, are applied to residential development to protect the neighbourhood character of dispersed residential areas and the environmental and landscape values of the Dandenong Foothills.

The findings in this report show that there were 18 planning permits issued for a total of 24 new dwellings in the Dandenong Foothills area this monitoring period. This remains well below the 53 permits issued during the first monitoring period, prior to the introduction of the Dandenong Foothills Policy and reinforces that the Foothills controls are proving successful in minimising development over time.

Despite an overall increase in planning approvals for development in dispersed areas, the majority of permits issued were for dual occupancies and villa units that would result in just one or two new dwellings. These dwelling types reflect the current form of detached dwellings in dispersed areas and respond to the age of the building stock, the lot sizes and market demand.

Therefore, the Neighbourhood Character Policy in the dispersed areas together with the Housing Policy appears to be working effectively. Lower numbers of approvals in the Foothills area also demonstrates that the Dandenong Foothills Policy and associated overlays are helping to achieve the principle of maintaining the valued qualities of identified areas of environmental and character significance.

2.2.7 Resident Housing Survey

In January 2012, a post occupancy survey was conducted of approximately 500 Knox residents living in medium to high density - that is villa units, town houses and apartments. The purpose of the survey was to find out more about why residents chose this type of home. Ninety six responses were received, across a diverse range of household types, age groups, dwelling types and suburbs.


Several key themes emerged from the results of the survey, which showed residents choice of home was most influenced by proximity to local services, affordability and size of home. This pattern was reflected both in response to what factors influenced their choice of home and would influence their choices when moving in future. Other popular responses relating to the best features of their current home included size (low maintenance); safe and secure; privacy and newness of development and design.

3. CONSULTATION

This report has been prepared in consultation with the City Planning, Social Planning, Transport team and Information Management departments to collate the data required and to prepare the maps and tables. The findings of both the housing monitoring report and the 2012 post occupancy survey were considered by the Housing Advisory Committee.

4. ENVIRONMENTAL/AMENITY ISSUES

There are no direct environmental or amenity implications of this report, although effective monitoring and review, and the subsequent measures to address identified issues could assist in improving environmental and amenity outcomes for the Knox community (e.g. better designed and located housing).


There are no direct financial or economic implications of this report. The Housing Monitoring and Review Program was completed within the existing 2011/12 budget.

6. SOCIAL IMPLICATIONS

There are no direct social implications of this report, however, effective monitoring and review, and the subsequent measures to address identified issues could assist in improving social outcomes for the Knox community (e.g. better located and more diverse housing).

7. RELEVANCE TO COUNCIL PLAN

This report demonstrates that Council is achieving its Council Plan objectives; in particular, the strategy ‘supporting provision of quality built form that is suitable for and respectful of our local environments.’ To achieve this strategy, the Plan puts forward a range of priority actions, including ‘review the Knox Housing Policy and Neighbourhood Character Policy to more strategically manage the provision of new housing and to enhance the green, leafy character of Knox’s neighbourhoods’. The information in this report will be used as an input into the Housing Policy Review project.


8. CONCLUSION

This report provides a summary of the findings of the annual Housing Policy Monitoring and Review Program report for the 2011 calendar year.

Results indicate that the total number of new dwellings that could be provided by approved planning permits was similar to those reported for the 2010 monitoring year and slightly higher than expected within the first year of the current monitoring period. However, variable results were achieved in relation to meeting aspirational targets in distribution across locations.

While the numbers of permits approved within activity centres remained consistent with last year’s figures, the percentage of approvals within activity centres (37 percent) is currently tracking below the aspirational target of 49 percent for the five years from 2011 to 2015. In 2011 a significantly higher proportion of permits (42 percent) were approved in dispersed residential areas than 2010.

Housing diversity remained strong and consistent with the Knox Housing Statement. The number of planning permits issued for two and three bedroom dwellings increased during this monitoring period. Development in the foothills continued to decline, with only 24 dwellings approved in 2011. There were only five dwellings approved as social housing development.

The information in this report will be used as a key input into the current Housing Policy Review project.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. MORTIMORE

That Council:

1. Note the Housing Policy Monitoring and Review Program Annual Report, March 2012.

2. Request an urgent meeting with the Victorian Premier and Minister for Housing aimed at outlining Council’s concerns relating to the significant lack of progress and the sudden drop (from 38 dwellings to 5) in new social housing developments in Knox.


3. At that meeting:

3.1 Present Council’s recent report “Defining Affordable Housing And A Minimum Supply Of Social Housing For Knox, September 2011” and highlight the need to construct 95 social housing dwellings per year, in order to meet the municipality’s social housing needs.

3.2 Request that the State Government initiate urgent discussions and begin initiatives to increase the supply of social housing in Victoria.

3.3 Indicate Council’s willingness to take part in ongoing discussions and planning processes relating to increasing the supply of social housing.

CARRIED

257 COUNCIL – CITY DEVELOPMENT 27 March 2012 APPENDIX A – Housing Monitoring and Review Program - Annual Report, March 2012 (24 pages) APPENDIX B – Mapped Distribution of Planning Permits Issued for Residential Development (including new Subdivision) in 2011

Circulated separately


TAYLOR & DOBSON WARDS

6.11 LYSTERFIELD VALLEY GREEN WEDGE

SUMMARY: Coordinator Strategic Planning (Nicole Vickridge)

This report responds to a call up item requesting that Council receive a report outlining the options to afford land in the Lysterfield Valley outside the Urban Growth Boundary in a Green Wedge zone, the maximum protection from inappropriate development. The Knox Planning Scheme contains limited policy guidance on land outside the UGB. This policy gap was identified in the 2010 review of the Knox Planning Scheme which recommended that Council review land outside the Urban Growth Boundary (UGB) to confirm strategic directions for this land and incorporate the outcomes into the Planning Scheme. This review should include the development of a Green Wedge Management Plan (GWMP). The key purpose of a GWMP is to articulate the type, scale and form of change in a green wedge, and identify how these changes will be managed and facilitated. This report outlines the indicative timing and resources required to rezone land within the Green Wedge – through the development of a GWMP. It is recommended that Council note this report.

RECOMMENDATION

That Council note this report and refer any investigation into land outside the Urban Growth Boundary and the development of a Green Wedge Management Plan to future budget considerations.

1. INTRODUCTION

This report responds to a call up item from 13 December 2011 requesting that Council receive a report: ‘outlining the options to afford land in the Lysterfield Valley outside the Urban Growth Boundary in a Green Wedge zone, the maximum protection from inappropriate development. The report should include information on the potential for a Planning Scheme Amendment to rezone Green Wedge 2 land (4 hectare min lot size) to the Green Wedge 1 Zone (20 hectare min lot size), including the indicative, timing and resources required.’

2. DISCUSSION

In 2002 the State Government introduced the Urban Growth Boundary (UGB) as a tool to help manage outward growth. The Planning and Environment Act (1987) defines green wedge land as ‘land that is described in a metropolitan fringe planning scheme as being outside an urban growth boundary.’ The City of Knox encompasses a small section of two green wedges: the Yarra Valley and Yarra and Dandenong Ranges Green Wedge and the Southern Ranges Green Wedge (refer to Appendix A). The Southern Ranges Green Wedge includes parts of Upper Ferntree Gully, Lysterfield and Rowville.

259 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.11 Lysterfield Valley Green Wedge (cont’d)

The Green Wedge Zone (GWZ) was introduced in 2003. The zone provides opportunity for most agricultural uses and limits non-rural uses. A dwelling requires a permit and is restricted to one dwelling per lot. There are two schedules to the GWZ in Knox. Schedule 1 to the Green Wedge Zone (GWZ1) requires a 20 hectare minimum subdivision area. Schedule 2 to the Green Wedge Zone (GWZ2) requires a 4 hectare minimum subdivision area. Within the Lysterfield Green Wedge in Knox (which is the subject of this report) there are 95 properties. Seventy-three are within GWZ2 (4ha minimum). Within the GWZ2 there are only two properties in excess of 8ha which could potentially be subdivided.

The Knox Planning Scheme contains limited policy guidance on land outside the UGB. This policy gap was identified in the 2010 review of the Knox Planning Scheme. One of the main outcomes of the review was a prioritised list of recommendations. Recommendation number three was to ‘review of land outside the Urban Growth Boundary to confirm strategic directions for this land and incorporate the outcomes in the Planning Scheme’. Current priorities within the strategic planning team are recommendations number one (review of housing policy) and two (implementation of the sites of biological significance). In addition the team is commencing a review of the Stud Park Structure Plan and managing 20 planning scheme amendments.

The extent of this review is yet to be fully scoped; however this review should include the development of a Green Wedge Management Plan (GWMP). The key purpose of a GWMP is to articulate the type, scale and form of change in a green wedge, and identify how these changes will be managed and facilitated. According to the State Government a GWMP should:

• include a vision, role and purpose for the green wedge (determined through community consultation and research);

• identify the values and features within the green wedge; and

• establish a strategic direction for land use and development within the green wedge.

The State Government has prepared Guidelines and a General Practice Note for the preparation of GWMPs. The Practice Note recommends that Council establish a project steering group with representatives from key stakeholders – including landowners to oversee preparation of the plan. Preparation and development of a GWMP is likely to take 12 to 18 months. In addition to staff resources, a project budget likely to be in the order of $50,000 would be required for specialist consultancy services – such as spatial analysis, and consultation with land owners and occupiers. If preparation and development of a GWMP is considered an immediate priority this would require other work within the strategic planning team to be reprogrammed; without additional staff resources this work could not commence until 2013 at the earliest.


Aspects of the GWMP should be included or referenced in the Local Planning Policy Framework, and the vision, role and purpose of the green wedge should be identified in the Municipal Strategic Statement. Any proposed changes to a planning scheme will require a planning scheme amendment which involves separate consultation processes and other requirements specified under the Planning & Environment Act 1987. Planning Scheme Amendments generally take one to two years – depending on whether any submissions to the exhibition of the amendment are received.

Prior to requesting authorisation from the Minister for Planning to exhibit a planning scheme amendment there needs to be sound strategic justification for proposing a change to the Planning Scheme. Strategic justification for any change to the Green Wedge Zone would be an important outcome of the development of a GWMP. Any consideration of changes to zones within the Green Wedge should therefore only occur as part of a strategic and thoroughly considered GWMP.

3. CONSULTATION

No consultation has occurred on this report.


There are no direct environmental or amenity issues associated with this report.


None associated with this report. Should Council wish to pursue the strategic investigation into land outside the UGB and the development of a GWMP staff resources and approximately $50,000 would be required.


There are no direct social implications associated with this report.


This report has limited relevance to the Council Plan – however any decision to investigate changes to the green wedge zone could support the theme of a sustainable and natural environment.

8. CONCLUSION

This report responds to a call up item requesting that Council receive a report outlining the options to afford land in the Lysterfield Valley outside the UGB in a GWZ, the maximum protection from inappropriate development.


The Knox Planning Scheme contains limited policy guidance on land outside the UGB. The 2010 review of the Knox Planning Scheme recommended that Council review land outside the UGB to confirm strategic directions for this land and incorporate the outcomes in the Planning Scheme. While the extent of this review has not been scoped it should cover both green wedges and include the development of a GWMP. The GWMP will assist articulating the type, scale and form of change supported and identify how these changes will be managed and facilitated.

It is recommended that Council note this report and refer any investigation into land outside the Urban Growth Boundary and the development of a Green Wedge Management Plan to future budget consideration.

9. CONFIDENTIALITY


COUNCIL RESOLUTION MOVED: CR. McMILLAN SECONDED: CR. VAN DE VREEDE

That Council:

1. Note this report and refer any investigation into land outside the Urban Growth Boundary and the development of a Green Wedge Management Plan to the 2012-2013 budget considerations.

2. Pending the 2012-2013 budget outcomes, initiate investigation into land outside the Urban Growth Boundary from 1 July 2012.

CARRIED


Appendix A Location of Green Wedge in Knox

263 COUNCIL – CITY DEVELOPMENT 27 March 2012 PROCEDURAL MOTION

MOVED: CR. WALTER SECONDED: CR. COOPER

That the Supplementary Report No. 1 be considered by Council as Item 6.12. CARRIED

FRIBERG WARD

6.12 APPLICATION TO DEVELOP THE LAND FOR A TWO STOREY APARTMENT BUILDING CONTAINING 32 DWELLINGS AT 9 MOUNTAIN GATE DRIVE, FERNTREE GULLY Melways Ref. 73 H4 (Application No. P2011/6432)

1. SUMMARY:

Land: 9 Mountain Gate Drive, Ferntree Gully Applicant: Peter Brown Architects Pty Ltd Proposed Development: Develop the land for a two storey

apartment building containing 32 dwellings

Existing Land Use: Single Dwelling Area/Density: 2182m2 / 1:68m2 Zoning: Residential 1 Zone Overlays: No Overlays Local Policy: Neighbourhood Character Policy

Housing Policy Application Received: Application lodged at Council on 8 June

2011. Application for review lodged at VCAT on 4 January 2011.

Number of Objections: 263 Petitions 1 petition containing 545 signatures PCC Meeting: 18 October 2011 Assessment:

The earlier proposal for a three storey apartment building containing 43 dwellings with basement car parking was refused by Council on 22 November 2011. An application for review of Council’s decision was lodged with VCAT on 4 January 2012. A mediation was held on 9 March 2012 and as a result the applicant agreed to reduce the height of the building from three to two storeys.

Amended plans for a two storey building were considered at a subsequent mediation on 23 March 2012, and as the applicant and objectors reached an agreement that a planning permit be issued for a two storey apartment building in accordance with the substituted plans, subject to the agreement of Council.

264 COUNCIL – CITY DEVELOPMENT 27 March 2012 6.12 9 Mountain Gate Drive, Ferntree Gully (cont’d)

The proposal has been significantly changed by reducing the three storey building to two double storey buildings containing 32 dwellings.

The amended proposal for a two storey apartment building is considered to be compatible with its activity centre setting as well as the preferred Garden Suburban neighbourhood character.

On balance it is considered that the proposal responds well to State and Local Planning Policies, and it is recommended, if Council were in a position to make a decision on the amended plans, that a Planning Permit be issued subject to conditions.

2. BACKGROUND



• The subject site is rectangular in shape, located on the south eastern corner of Mountain Gate Drive and Conn Street in Ferntree Gully. The site has an overall area of 2182m2 with a frontage to Mountain Gate Drive of 61.87 metres and a frontage to Conn Street of 30.48 metres. A single storey brick dwelling, tennis court, swimming pool and associated outbuildings currently exist on the site.

• Adjoining properties are used for residential purposes. Dwellings in the immediate area contain a mix of single and double storey brick dwellings. Mountain Gate Shopping Centre is located 120 metres to the north. The subject site is located within the Mountain Gate Activity Centre.

• The site does not contain any significant vegetation.

2.2 The Proposal

(Refer to attached plans at Appendix B).

The original development, refused by Council on 22 November 2011, proposed to construct a three storey building containing 43 dwellings and a basement car park.

Amended plans were substituted by VCAT on 23 March 2012. The amended proposal is to construct a two storey apartment building containing 32 dwellings with basement parking. Proposed alterations are described below:


Original proposal Amended proposal

The development proposed a mixture of one bedroom (10 in total) and two bedroom (33 in total) dwellings.

The amended development proposes a mixture of two bedroom (24 in total), one bedroom (6 in total) and three bedroom (2 in total) dwellings.

The basement car park was to provide 43 car parking spaces for residents and 5 car parking spaces for visitors, plus bicycle parking spaces, storage and a lift.

The basement car park provides 36 resident spaces (including two disabled car spaces), four visitor spaces, bicycle parking spaces, storage and a lift.

Overall height of the building was to be 9.6 metres.

Height of the building will be 7.5 metres.

3. CONSULTATION

3.1 Advertising

The original application received a total of 263 objections and a petition containing 545 signatures.

At the VCAT mediation on 23 March 2012, objectors attending the mediation and the applicant reached an agreement to consent to the amended proposal, subject to a Council position. Should Council decide to support the amended proposal, the VCAT hearing on 23 April 2012 will not occur and written consent between all parties will be issued by the Tribunal.

3.2 Referrals

The amended application has been referred to Council’s Traffic Engineers for comment. No objection has been raised and the following is a summary of relevant advice:

Traffic Engineer

• A number of minor design changes are required to the internal layout of the proposed car park. Conditions to be included on any permit issued.

4. DISCUSSION




4.1.1 Zone

The site is located within the Residential 1 Zone. Within both the Residential 1 Zone (R1Z) a planning permit is required to construct more than one dwelling on a lot.

• The purpose of the zone supports the proposed development by encouraging residential development that both respects the character of the area and meets the housing needs of a variety of household types within a major activity centre.




Key Policies:


• The development incorporates visually interesting and high quality architecture along the Mountain Gate Drive and Conn Street frontages. The amended proposal maintains the two storey height at the residential interfaces to the south and east.


• The density of the development contributes to the consolidation of urban development being located within reasonable distance to urban services and transport. A Sustainable Design Assessment will be required to be submitted as a condition of any permit issued.


Clause 16 Housing – Encourage the development of well-designed medium-density housing that respects the neighbourhood character; improves housing choice; makes better use of existing infrastructure; and, improves energy efficiency of housing.


• Housing choice – The proposed development provides a different form of housing to that provided in the area and providing the option of dwellings with one, two or three bedrooms on smaller lots is considered to increase housing choice.




The site is located within 90 metres walking distance of a bus stop on Mountain Gate Drive, which is serviced by bus routes No. 755 and within 230 metres of a bust stop on Ferntree Gully Road which is serviced by bus route 693.

• Bus route No. 693 operates between Belgrave and Oakleigh via Monash University. The service operates between 5.50am and 9.51pm Monday to Friday at 30 minute intervals; between 7.30am and 10.22pm on Saturdays at 60 minute interval and; between 8.35am and 9.43pm on Sundays at 60 minute intervals.

• Route No. 755 provides access between Bayswater and Knox City via Boronia and Mountain Gate and operates between 5.53am and 9.27pm Monday to Friday at 20 minute intervals; between 7.51am and 9.18pm Saturdays at 60 minute intervals and between 8.55am and 9.21pm Sundays at 60 minute intervals.


Clause 21.05-2 Municipal Strategic Statement (MSS) (Housing) The MSS seeks to reduce the prevalence of infill housing development in dispersed locations as a major form of housing development by promoting activity centres and key redevelopment strategic sites as the preferred location.

• The site is located in a Major Activity Centre.



• The development is considered to strike a reasonable balance between the provision of additional housing within a Major Activity Centre and respecting the existing character of an area that will experience change over time.

Clause 22.07 Neighbourhood Character: Garden Court Precinct – The desired future character of this area is for low scale dwellings set within an open landscape with, in some areas, occasional pockets of large native trees.


To retain the remnant indigenous and other native trees and encourage the new planting of large native trees.

• There is no remnant or significant trees on site. There are opportunities for planting on street frontages to compliment the area.


• The proposed development has been designed to appear as segments with breaks in the built form and roof form to maintain the rhythm spacing. There is ample opportunity to landscape the street frontages, and canopy tree planting can be accommodated along Conn Street and Mountain Gate Drive (particularly with the increased setbacks to Conn Street).


• The proposed development does not minimise the dominance of buildings from the streetscape. However, the development incorporates visually interesting and high quality architecture along the Mountain Gate Drive and Conn Street frontages and is appropriate within a Major Activity Centre.

To maintain the openness of front boundary treatments.

• There are opportunities within the street setbacks to provide landscaping.


To minimise loss of garden space and dominance of car storage facilities.

• Car parking has been located at basement level and is incorporated into the design of the building.

Clause 22.10 Housing: Medium Density – The Housing Policy at Clause 22.10-1 recognises that the population of Knox will grow by 12,000 persons and 15,000 households to 2030.

In response to this forecast, the housing policy directs that infill medium density housing in dispersed residential locations respects and complements the desired future residential character objectives of Clause 22.07 Neighbourhood Character policy and Clause 22.01 Dandenong Foothills policy, where relevant.



• The proposed development incorporates a diversity of dwelling sizes (mixture of one, two and three bedrooms) and will contribute to the diversity of housing in Knox.




• The proposed development incorporates visually interesting and high quality architecture along the Mountain Gate Drive and Conn Street frontages and will make a positive contribution to the future urban fabric, amenity and neighbourhood character of the area.


• There is no endorsed structure plan for Mountain Gate Activity Centre.



• The amended proposal maintains the two storey height at the residential interfaces to the south and east.




Neighbourhood Character – Complies as discussed at Section 4.2.2 of this report.

Residential Policy – Complies

Dwelling diversity – Complies

Infrastructure – Complies, a Drainage Plan will be a condition on any permit issued.

Integration with the Street – Complies


Street Setback – Non compliance, the front setback to Mountain Gate Drive remains unchanged at 6 metres which is less than the 8 metres setback required by Standard B6. It should be noted that the proposal will include the removal of a minimum 2 metre high brick front fence which currently wraps around both street frontages, therefore opening street frontages and improving the appearance of development from the street. The setback is sufficient enough to allow for appropriate landscaping. Moreover the site’s location within the Mountain Gate Activity Centre provides strategic justification for medium density development and a reduced setback.

The amended proposal incorporates a greater side setback to Conn Street, which will open this corner to the streetscape and allow for establishment of canopy tree planting.


Site Coverage – Complies.

Permeability – Complies.


Energy Efficiency – Complies. A Sustainable Design Assessment will be required as a condition on any permit issued.

Landscaping – Complies. A condition of any permit issued will require a landscaping plan to be submitted to the satisfaction of the Responsible Authority.


Parking provision and location – Complies.

Amenity Impacts

Side and rear setbacks – Generally complies. There are minor encroachments of between 300mm and 400mm into the minimum setback required to the eastern and southern side boundaries. It is considered that the minor encroachments will not create any negative amenity impacts to adjoining properties (Refer to attached plans at Appendix C).



Overshadowing open space – Complies

Overlooking – Can comply subject to conditions. A condition on any permit will require details of all screening measures to ensure compliance with Clause 55.04-6 (Overlooking objective) of the Knox Planning Scheme (screening to a minimum height of 1.7 metres from finished floor level in accordance with ResCode) to be shown.

Internal views – Complies

Noise –Complies


Dwelling entry – Complies









5. CONCLUSION


• The proposed development is generally consistent with the Housing Policy and the Neighbourhood Character Policy.

• The design and scale of the development is considered to achieve a satisfactory balance between the direction of Knox’s Housing Policy to increase housing density within activity centres, and the preferred neighbourhood character.

• As highlighted above, the proposal, subject to modifications that could be conditioned on any permit, is considered appropriate in terms of architectural quality, ecologically sustainable design principles, built form and landscaping.


6. CONFIDENTIALITY


RECOMMENDATION

That Council agree with the VCAT mediated resolution to issue a Planning Permit for a two storey building containing 32 dwellings at 9 Mountain Gate Drive, Ferntree Gully, subject to the following conditions:

Amended Plans

1. Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans tabled at the mediation P28/2012 by Peter Brown Architects Pty Ltd, revision 4 dated 16 March 2012 by modified to show:



1.1 The disabled car parking spaces to be designed in accordance with AS 2890.6:2009, with a shared area positioned in between the two spaces.

1.2 The power pole located a minimum of 1.5m from the proposed crossover.

1.3 An annotation outlining that any redundant crossovers are to be removed and nature strip reinstated.

1.4 Details of all measures to ensure compliance with Clause 55.04-6 (Overlooking objective) of the Knox Planning Scheme.

1.5 The 1.5 metre high rendered brick and steel fence along the Mountain Gate Drive and Conn Street frontages.

1.6 Internal timber paling fencing between the front façade and street frontage to be a maximum 1.5 metres high and painted to match the development, or to be a combination of steel and brick to match the front fence.

1.7 The private open space area for Dwellings 1 to 3 and 14 to 16 nominated as a balcony with balustrading, and provided with screening (such as partial frosting in a print) to create privacy to these areas.

1.8 Drainage Plans in accordance with Condition 6 of this permit.

1.9 Landscaping Plans in accordance with Condition 8 of this permit.

1.10 Sustainable Design Assessment in accordance with Condition 11 of this permit.

1.11 A material and colour schedule in accordance with Condition 13 of this permit.

1.12 Waste Management Plan in accordance with Condition 14 of this permit.




General

2. All development must accord with the endorsed plans.



5. Prior to the occupation of the development, the development is to be completed in accordance with the endorsed plan/s to the satisfaction of the Responsible Authority.

Drainage Plans

6. Prior to the commencement of any buildings or works, three copies of road construction and drainage plans and computations prepared by a qualified Civil Engineering Consultant must be submitted to and approved by the Responsible Authority. Drainage and road construction works on site must be undertaken and completed in accordance with these plans to the satisfaction of the Responsible Authority prior to the occupancy of the buildings. Plans are to show:

6.1 An on-site detention system designed by a suitably qualified engineering consultant to ensure no net increase in storm water discharge from the proposed development.

6.2 The on site detention system to be installed in a suitable location for easy access and maintenance.

6.3 Road design and pavements designed and constructed to Council requirements.


6.5 Water sensitive design techniques in accordance with Condition 7 of this permit.



Water Sensitive Urban Design

7. Prior to the commencement of any building or works a Stormwater Quality Management Report that describes the application and performance of the selected water sensitive design tools must be submitted to and approved by the Responsible Authority. Potential tools for consideration include, but are not limited to:

7.1 Gross Pollutant Traps, Grass Swales, Vegetated Swales, Filtration Trench, Filtration and Conveyance Trench, Rainwater Storage Tank, Porous Pavement, Pond, Underground Storage Pit, Pervious Storage Area, Grass Buffer, Rainwater Garden.

The Stormwater Quality Management Report must be signed by a suitably qualified engineer and describe the range and frequency of recommended on-site management actions that provide for the ongoing care and maintenance of permanent stormwater quality works that may require periodic maintenance.

Landscaping

8. Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must show:

8.1 A survey (including botanical names) of all existing vegetation to be retained and / or removed.

8.2 Buildings and trees (including botanical names) on neighbouring properties within three metres of the boundary.






8.6 Landscaping and planting within open space areas of dwellings.

8.7 Landscaping and planting within all public areas of the site.

8.8 Application of water sensitive urban design principles. (This may involve selection of appropriate plant species that are drought tolerant and indigenous to the local area).

8.9 Appropriate landscaping to support any selected stormwater quality works depicted on endorsed drainage plans.



10. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority.



12. Prior to the occupation of the development, the development must be constructed in accordance with the Sustainable Design Assessment, to the satisfaction of the Responsible Authority.

Materials, Finishes and Colours

13. Before the development starts, a schedule of materials, external finishes and colours which demonstrate a lighter colour palette including the use of neutral tones and materials to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the schedule will be endorsed and will then form part of the permit.




14. Before the development commences, a waste collection and management plan must be submitted to and approved by the Responsible Authority, demonstrating how waste collection will be undertaken on site, including the operation of the garbage and recyclables storage area.

15. Garbage and recyclables storage and collection must be undertaken in accordance with the approved plan/documentation to the satisfaction of the Responsible Authority.

Car Parking and Accessways

16. Before the development is occupied, driveways and car parking areas must be fully constructed in accordance with plans submitted to and approved by the Responsible Authority.

17. All driveway and carparking areas as shown on the endorsed plan must be fully constructed to the minimum standard of 100mm depth of reinforced concrete and properly formed to such levels that they can be used in accordance with the plans. Construction using any alternative hardstanding sealed surface is subject to detailed plans to be submitted to and approved by the Responsible Authority.

18. The redundant crossover near the intersection of Conn Street/Mountain Gate Drive must be reinstated to kerb and channel to the satisfaction of the Responsible Authority.

19. The existing electricity power pole and Telstra pit on Mountain Gate Drive must be relocated prior to the commencement of building and works.

Fencing

20. The cost of fencing shall be borne by the developer.




Amenity


22.1 The appearance of building, works or materials on the land

22.2 Parking of motor vehicles

22.3 Transporting of materials or goods to or from the site

22.4 Hours of operation

22.5 Stockpiling of top soil or fill materials

22.6 Air borne dust emanating from the site

22.7 Noise

22.8 Rubbish and litter

22.9 Sediment runoff


Permit Expiry


23.1 The development or use is not started within two years of the date of this permit.





NOTES

Drainage Notes (to be read in conjunction with the above drainage conditions):

• Applicant is to direct all stormwater to the Legal Point of Discharge (LPD) for the property. Applicant is to verify this on site. Connect all stormwater discharge from the property to the LPD via an Onsite Detention (OSD) system. Tc=34 Tso=9 mins.

• The total Permissible Site Discharge for the property including all dwellings is 8.3 L/s to the existing Council drainage system for a 5 year ARI event.

• It is recommended that the design of site drainage works be progressed in consultation with consultants who have prior experience in the application of the water sensitive urban design tools described in Council’s guidelines.

• Further detail on management practices to control litter, sediment, erosion and wastes from building sites is contained in Best Practice Guide for Building Site Management (Knox, 2003). Further information is also contained in Urban Stormwater Best Practice Environmental Management Guidelines (The Stormwater Committee, 1999, Section 6.3 ‘Construction activity’, page 82 to 91). This includes a useful checklist that may be employed to prepare the Site Works and Environmental Management Plan.

Other Notes:

• Council encourages the consideration of water storage tanks for all existing and proposed residential developments.

• A building permit must be obtained before development is commenced.





COUNCIL RESOLUTION MOVED: CR. WALTER SECONDED: CR. COOPER That the recommendation be adopted. CARRIED

281 COUNCIL – CITY DEVELOPMENT 27 March 2012 1 APPENDIX A/1

282 COUNCIL – CITY DEVELOPMENT 27 March 2012 2 APPENDIX A/2

283 COUNCIL – CITY DEVELOPMENT 27 March 2012 3 APPENDIX B/1

291 COUNCIL – CITY DEVELOPMENT 27 March 2012 11 APPENDIX C/1

294 COUNCIL 27 March 2012 COUNCILLOR WALTER LEFT THE MEETING AT 9.24PM PRIOR TO DISCUSSION ON ITEM 7 COUNCILLOR McMILLAN VACATED THE CHAMBER AT 9.24PM PRIOR TO DISCUSSION ON ITEM 7 COUNCILLOR COOPER VACATED THE CHAMBER AT 9.24PM PRIOR TO DISCUSSION ON ITEM 7 COUNCILLOR COOPER RETURNED TO THE CHAMBER AT 9.26PM DURING DISCUSSION ON ITEM 7 COUNCILLOR McMILLAN RETURNED TO THE CHAMBER AT 9.26PM DURING DISCUSSION ON ITEM 7 COUNCILLOR PEARCE VACATED THE CHAMBER AT 9.26PM DURING DISCUSSION ON ITEM 7 COUNCILLOR PEARCE RETURNED TO THE CHAMBER AT 9.28PM DURING DISCUSSION ON ITEM 7

7. PUBLIC QUESTION TIME

Following the completion of business relating to Item 6, City Development, the business before the Council Meeting was deferred to consider questions submitted by the public.

Question Time commenced at 9.25 pm. The following questions were raised with Council:

Question 1 Reference the Resident Housing Survey conducted in January last and reported in tonights agenda. Is the whole of the data collected in this survey available for public scrutiny. I am assuming it will be, but if not then why not, as surely it was a confidential survey whereby residents were not asked to divulge their personal details. Also, has Council determined why only nineteen percent of the 500 surveyed, responded? Does Council believe this percentage is sufficient to make conclusions from it?

Answer The Chief Executive Officer, Mr Graeme Emonson replied that Council will make any relevant data available and suggested that the questioner contact Council to obtain the results.

295 COUNCIL 27 March 2012 7. Public Question Time (cont’d)

Question 2 In relation to the development proposal for 66 Boronia Road, Boronia, could you please explain why there are 11 units proposed when in documents from the Supreme Court does state ‘the discharge or modification of the covenant is sought to permit the erecting of up to 4 dwellings on the land’.

Answer The Chief Executive Officer, Mr Graeme Emonson replied that an application for this site has not as yet been considered by Council. Mr. Emonson explained that it was his understanding that the Supreme Court required the applicant to put the reason for the discharge request in the public advertisement. The applicant stated in the advertisement that the reason for the request to discharge the covenant was for the construction of 4 dwellings.

Mr Emonson further advised that the Supreme Court did not place any subsequent restrictions on the title and that Council is now required to assess all planning applications on their merits taking into consideration the planning policies of the day.

Question 3 With regard to the report of the Housing Policy monitoring and review program obtained from the Council website, section 2 point 3 states, ‘manage the conflict between the need for more housing and maintaining valued qualities of identified areas of environmental and character significance by allowing residential suburbs to continue to evolve and change but in a way that strengthens the distinctive characteristics of each neighbourhood. Can you explain how the proposal for 66 Boronia Rd Boronia is in keeping with such statements as this report explains, given the 11 dwellings on a single block surrounded by properties with singe dwellings only?

Answer The Chief Executive Officer, Mr Graeme Emonson explained that when the application is received, there is a whole range of planning matters to be considered, the Housing Policy being one of them. Mr. Emonson stated that it was not appropriate to provide commentary on an application before it is considered by Council.


Question 4 My question concerns the removal of the covenant from 66 Boronia Rd.

Answer The Chief Executive Officer, Mr Graeme Emonson explained that Council had not been notified as the Responsible Planning Authority about the application to the Supreme Court to remove the covenant. Mr. Emonson explained that the current wording of relevant legislation is that the Supreme Court may direct the applicant to inform the relevant authorities. Mr. Emonson explained that at the last Council meeting a call up item to investigate the options for having this process amended was considered by Council.

Cr. John Mortimore further explained that Council takes this matter seriously and hope to have the amendments made to the Property Law Act 1958 so that if this situation were to arise again, the relevant planning Authority must be advised of such proposals.

Question 5 The Housing Policy Monitoring & Review program is showing a strong desire by people to live in the suburbs (dispersed areas) and not be squeezed into apartments. Will Council continue to pursue a flawed policy of forcefully directing inappropriate development in & around so called ‘Activity Centres’ when it is clear through Councils own numbers that this is not the environment that residents of the Municipality wish to live in.

Answer The Chief Executive Officer, Mr Graeme Emonson explained that Council has embarked on a process to extensively review the Housing Policy and is in the process of engaging community members to participate. Mr Emonson recommended that the questioner may like to participate in this process.

Mr. Emonson also stated that it is the planning officer’s responsibility to consider planning applications based on current Council policies.


Question 6 What is the latest development with the Herbert St. Boronia retarding basin.

Answer The Director Engineering & Infrastructure, Dr Ian Bell explained that the Herbert St retarding basin was developed due to a need to address flooding overflow issues in the area. In conjunction with Melbourne Water and consultant Engineers, the area was designed to hold water in peak events. Dr Bell described that in recent storm events the retarding basin performed well. The area has been landscaped and the vegetation has a role to assist in the filtering of the water before it is discharged into the drains.

Dr. Bell explained that if there is oil in the area that he believes that it may have been illegally discharged through the storm water. Dr Bell advised the questioner that if this type of incident is reported to Council and Melbourne Water that would then address this concern. Dr. Bell mentioned that there has been consideration given to replacing the removed play area with a small piece of play equipment in one corner of the retarding basin but explained it is not the main purpose of the area.

Cr. Adam Gill further acknowledged that Council is aware of flooding issues around the municipality and that there is a trend towards completing more of these works to assist residents.

Question 7 Will Council look into supporting the Tourism Industry with a Council Committee looking into Tourism in Knox?

Answer The Chief Executive Officer Mr Graeme Emonson responded that the current four year Council Plan does not have a large emphasis on tourism. Mr Emonson added that there are no plans to establish a Tourism Advisory Committee of the Council.


Question 8 Damage to Driveway entrance “Repco” B/Wood (sic) Hwy F T Gully Vic Rd’s or Knox Council to repair!!!!

Answer The Director Engineering and Infrastructure, Dr Ian Bell responded that he would view the property and ensure that the appropriate authority would take action to rectify the situation.

Question Time Concluded at 9.48pm.

299 COUNCIL – COMMUNITY SERVICES 27 March 2012 PURSUANT TO SECTION 79 OF THE LOCAL GOVERNMENT ACT 1989 (THE ACT), COUNCILLOR VAN DE VREEDE DECLARED AN INDIRECT INTEREST PURSUANT TO SECTION 78 OF THE ACT IN ITEM 8.1 ON THE GROUNDS THAT A FAMILY MEMBER IS EMPLOYED IN THE PRESCHOOL SYSTEM AND COULD BE AFFECTED BY THE OUTCOME. COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 9.48PM PRIOR TO DISCUSSION ON ITEM 8.1 COUNCILLOR COLE VACATED THE CHAMBER AT 9.48PM PRIOR TO DISCUSSION ON ITEM 8.1 COUNCILLOR COLE RETURNED TO THE CHAMBER AT 9.54PM DURING DISCUSSION ON ITEM 8.1

ALL WARDS

8.1 IMPLEMENTING 15 HOURS OF PRESCHOOL IN 2013

SUMMARY: Manager – Family and Children’s Services (Janine Brown)

Through the Council of Australian Government (COAG) Agreement, preschool services across the State are expected to deliver 15 hours of funded 4 year-old preschool by January 2013.

This report provides an update on the project undertaken by Council Officers to determine the most effective model/s to implement 15 hours of preschool, taking into consideration community feedback obtained through a community survey conducted in January and February 2012. The report recommends two key models for consideration by Council.

RECOMMENDATION

That Council

1. Endorse the two session models recommended in this report to be applied across the majority of 29 preschool service sites in January 2013 as follows:

i) 2 x 7.5 hour sessions per week; and ii) 3 x 5 hour sessions per week.

2. Note the early years facilities where engagement and consultation will be required with community managed services to facilitate altered times and days of access for early years facility users as outlined in section 3.5 and 3.6 of this report.

3. Continue to advocate to the State and Commonwealth Government to confirm funding needed to support the 15 hours reform, particularly the Preschool Per Capita Grant.

300 COUNCIL – COMMUNITY SERVICES 27 March 2012 8.1 Implementing 15 hours of Preschool in 2013 (cont’d)

1. INTRODUCTION

The implementation of 15 hours of preschool per week is a COAG Reform scheduled to commence in January 2013. On 29 November 2008, COAG endorsed a new National Partnership Agreement on Early Childhood Education. Under the Agreement, the Commonwealth and State and Territory Governments have committed to ensuring that all children will have access to a quality early childhood education program by 2013, delivered by a four-year university-trained early childhood teacher, for 15 hours a week, 40 weeks a year, in the year before formal schooling.

International evidence confirms there is increased productivity and benefits for children when a quality preschool education program is provided for longer hours.

The Organisation for Economic Cooperation and Development (OECD) international benchmark cites benefits of increased preschool hours where children attend early years settings for 19 hours per week. New Zealand has recently introduced 20 hours of preschool education per week in recognition of the OECD recommendation.

As a Cluster Manager of 4 year old preschool services, Council has been funded by the Department of Education and Early Childhood Development (DEECD) to create an individual plan for transitioning each preschool service site to 15 hour session models.

In 2012 Council is delivering 53 licensed preschool groups offering 11 hours of preschool per child per week. These comprise of:

• 25 groups providing three preschool sessions per week totalling 11 hours;

• Knoxfield Transition Group offering 12 hours of preschool per week and with parent agreement, 15 hours of preschool per week in Terms 3 and 4; and

• The remaining 27 preschool groups offering 1 x 6 and 1 x 5 hour sessions per week.

Since 2005, the number of 5 and 6 hour preschool sessions offered across the municipality has steadily increased due to community demand and support.

Providing 15 hours of preschool presents a unique set of considerations which will impact on the implementation of this COAG initiative. These considerations include;

• Community needs;

• Communications with stakeholders;

• Impacts on other service users;


• Access to existing preschool playrooms;

• Facilities;

• Financial impacts for families and providers;

• Industrial, workforce and other early years service staff; and

• Timelines for implementation.

2. DISCUSSION

In developing draft preschool session models, consideration was given to starting and finishing times, access for other early years facility group users, family and staff feedback, and industrial award considerations for early years staff.

Council resolved at an Ordinary Council Meeting on 27 April 2010, to recognise and uphold the custom and practice of providing priority of access to existing licensed facilities for 4 year old funded preschool programs in order to maximise current and potential 4 year old preschool enrolments now and into the future.

The implementation of 15 hours of preschool for Knox City Council 4 year old preschool services creates a number of issues for consideration. These include:

2.1 Community Preference

Existing patterns of attendance and enrolment data across Knox show increased uptake of longer hours but also some preference for shorter models over three attendance days per week.

Four draft preschool session models were circulated in January and February 2012 for feedback from the community as part of a survey to understand community preferences and expectations around delivery of 15 hours of preschool in January 2013.

Data from a recent Community Survey undertaken indicates strong preferences for two session types. Over 300 Community Surveys were collected with 51.9% respondents indicating preference for a preschool session model of 3 x 5 hour sessions per week. The second preference (32% respondents) is for 2 x 7.5 hour sessions per week.

2.2 Staffing Issues

In response to the increase in direct service provision of preschool hours in 2013, it is expected that there will be a significant increase in recruitment activity to attract and employ degree qualified teachers across the preschool service.


There are challenges for Knox and all early years services in recruiting and maintaining appropriate staff levels with the introduction of 15 hours of preschool for every child as Australia wide, there is a shortage of appropriately qualified early childhood staff, particularly degree qualified teachers.

Council Officers are currently developing a ‘Workforce Action Plan’ to put in place strategies to support existing staff to increase qualifications through study as well as recruit suitable staff throughout 2012 and beyond.

2.3 Impacts on Other Facility Users

Draft session model options have been developed to enable, where possible, existing early years users’ continued use of a facility. Analysis to date is that nine preschools in the municipality have 3 year-old groups or community playgroups operating in licensed 4 year-old preschool playrooms where there is a potential need to change current access arrangements to accommodate 2 groups of 4 year-old preschool delivering 15 hours per week for each group.

Council preschools with other early years facility users include:

• Windermere

• West Gully

• The Basin

• Rowville

• Mariemont

• Haering Road

• Goodwin Estate

• Flamingo Drive

• Alice Johnson

2.4 Recommended Session Models

Having considered the feedback received from the community, the operational practicalities, compatibility with accommodating most other early years services and the specific circumstances of each Council facility, Officers have identified two models which are the most suitable for the majority of 29 preschool services.


These are: • 2 x 7.5 hour sessions per week; and, • 3 x 5 hour sessions per week.

Examples are provided in the tables below. Note – days and times will be further negotiated with individual service sites. Example 1

Monday Tuesday Wednesday Thursday Friday

8:30 am to 4:00 pm

(7 ½ hours)

8:30 am to 4.00 pm

(7 ½ hours)

Example 2 Monday Tuesday Wednesday Thursday Friday

8:30 am to 1:30 pm

(5 hours)

8:30 am to 1:30 pm

(5 hours)

8:30 am to 1:30 pm

(5 hours)

2.5 Consultation Required

Mariemont, Rowville, Alice Johnson, Haering Road, Windermere, Goodwin Estate, The Basin and Flamingo Preschools will be able to accommodate other current early years users with negotiation around altered starting/finishing times and days with the present number of four year-old preschool groups.

Liberty Avenue Preschool is presently the only preschool in Knox to operate three four year-old preschool groups. With the implementation of 15 hours of preschool, only two four year-old preschool groups can be offered. There are sufficient places in other preschool services in Rowville to ensure that all families enrolled at Liberty Avenue Preschool are allocated a preschool position. Communication with families on this plan will be undertaken prior to the May Update distribution.

2.6 West Gully - Limited Access to Existing Preschool Playrooms

In keeping with Council’s resolution to provide priority of access to licensed playrooms for 4 year-old preschool, from 2013 West Gully Preschool will not be able to offer all the current other early years facility users the same level of access to the licensed four year-old playroom they presently have.


It is recommended that Council works with the current 3 year old groups’ Committee at West Gully to explore the possibility of relocating some children enrolled in West Gully’s 3 year-old programs to available space at either Alexander Magit or Windermere Preschools. As there is capacity to accommodate a maximum of three groups alongside the 4 year-old preschool program, the Committee may choose to cap enrolments to the maximum of 3 groups in 2013 or relocate some enrolments whilst maintaining the remaining groups in the licensed preschool playroom at West Gully.

As part of the consideration of all possible options for West Gully, scoping is being considered in the 2012-13 Capital Works Program to ascertain what would be required to refurbish West Gully to upgrade and provide an additional licensed playroom space with a view to any capital works of this nature being completed and ready by January 2014.

3. CONSULTATION

Significant planning for the implementation of 15 hours of preschool project in the Knox municipality has been undertaken to date. Detailed analysis of particular service sites has occurred. Consideration of community needs and other early years users needs has been anticipated and planned for.

Significant advocacy has been undertaken through the Municipal Association of Victoria (MAV) and to DEECD directly to urge the State Government to release details of funding partnership arrangements for the 2013 preschool year in order to allow Council to move to a more detailed financial planning stage as part of the 2012-13 budget process.

Consultation with community and staff occurred in relation to gathering feedback on draft preschool session models. Staff and community feedback was gathered during January and early February 2012.

It is recognised that consultation and communication with stakeholders is critical in the implementation phase of this project. An Information Bulletin has recently been distributed to all stakeholders (Early Years Update). Updates will continue with stakeholders for the duration of transition.

Following Council endorsement of the preschool session model/s, officers will work with individual early years committees to facilitate transitions to altered days and hours of access, providing support, input and guidance.


A proposed program of works prioritising capital projects in preschool facilities to ensure licensed building spaces support delivery of early years programs is presently being developed and will inform future Council budget processes for capital works.



As a Kindergarten Cluster Manager, Knox Council delivers 4 year-old preschool services in partnership with the State Government and support from volunteer parent Committees.

Council receives funding from the State Government per preschool location to operate the Kindergarten Cluster Model of Management in addition to receiving a per capita subsidy for every eligible child that attends a funded preschool program in a Council operated 4 year-old preschool program.

Council collects and distributes Preschool Committee Term Fees directly to Committees for the day-to-day expenses of each 4 year-old preschool location. Families are also charged a Confirmation Fee which is used to subsidise some of the cost to Council of operating the preschool service.

It is an agreement through COAG that in implementing the 15 Hours of Preschool initiative, there should be no impact on access or affordability for families. The State Government presently offers assistance in the form of a fee subsidy to promote participation in preschool and to make preschool fees affordable for families who hold a Health Care Card or who have other specific needs fitting stated eligibility criteria.

To date the level of the new Per Capita Grant level to be provided for 2013 and beyond has not been confirmed by the State Government. Representation has been made to the State Government in relation to urgently releasing funding details for delivering 15 hours of preschool from 2013.

The Commonwealth Government has committed $970 million over the five years 2009-2013 to implement the National Partnership of which $210.6 million has been allocated to Victoria. The final $109 million to Victoria is to be provided in 2012/2013.

The Victorian Government has implemented planning, infrastructure, workforce, pilot and capacity strategies. These include:

i. $5.5m provided to councils in planning grants and up to $4m to support change;

ii. 80 pilot programs in place by 2012, 40 of which are located in Council managed preschools;

iii. $45.2m capital works funding has been provided ($30.6m is State funding); and

iv. A workforce strategy that includes scholarships and incentives to increase qualified staff.


Council’s endorsed budget for 2011-12 included a total cost to Council for the Preschool Program of $491,440 which is 11.73% of the total operating budget for the provision of preschool services to children attending in the last half of the 2011 calendar year and the first half of the 2012 calendar year. The 2011-12 budget was set on a projected enrolment number of 1400.


The period from birth to eight is a critical period of a child’s life. It is the time when children acquire essential foundation skills and knowledge and when brain development is at its optimal level. Increased hours of access to preschool services is supported by evidence of significant benefit for children in attending a quality early childhood education program. The Effective Provision of Preschool Education (EPPE) study demonstrated this outcome. It is recognised that increased access to quality early childhood programs impacts upon:

• Improving children’s learning, health and behaviour with positive impacts extending into adult life;

• Enabling children and families to access a high quality developmental program which supports families to shape opportunities for learning and development;

• Supporting successful transition to formal schooling; and

• Supporting planning for integrated service systems.

There is clear evidence that the early years of children’s lives is critical to their present and future health, development and wellbeing. Ultimately the productivity of our nation as a whole is lifted through increased focus on the early years.

The National Quality Framework, which took effect on January 1 2012, is underpinned by the Education and Care Services National Law and the Education and Education and Care Services National Regulations. Together they set the National Quality Standard which will set a new national benchmark for the quality of education and care services nationally.


Council’s Strategic Objectives in relation to Healthy, Connected Communities and Dynamic Services and Facilities outline a commitment to improve the health and wellbeing of the Knox community and support opportunities to improve the capacity of Council’s services and infrastructure to best meet the community’s needs.


Knox Council Plan 2009 – 2013 has direct links to the 15 hours of preschool project including:

• Ensure Council services respond to changing needs and government policy;

• Access can be improved through the provision of co-located services; • Council ensure the community has greater choice in the way they access

Council services and information; • Council reviews how our facilities are managed to ensure use of facilities

by a range of community groups and organisations is optimised; • Partnering and engaging with and on behalf of our community; • Council facilitates good access for all to Council and other community

facilities and spaces; • Continually reviewing and improving the quality and effectiveness of

Council’s service provision; • Building partnerships and advocating for services and facilities to meet

identified community needs; • Undertake comprehensive service planning to plan adequately for

effective future service provision, and ensure our services respond to changing community needs and government policy; and

• Continue to develop and implement partnerships between Knox City Council and state and federal governments to work together to meet the needs of the Knox community.

Knox City Council’s Municipal Early Years Plan (MEYP) ‘Off to a Flying Start’ 2011-14 directly relates to the outcomes ascribed in Vision 2025, the Council Plan and Council’s Health and Wellbeing Plan.

Knox’s vision for children and families outlined in the 2011-14 MEYP is:

• Children and families access quality services, facilities and places (enabling equitable access to high quality services and opportunities for participation in community life);

• Supporting families and children through a strong network of partnerships to access high quality services, participate in community life and have their voices heard;

• To develop services with consistent standards across the country; • To create a community and service system which is responsive to, and

supportive of contemporary families; and • Investing in children lays a strong foundation for community and economic

developments; happy, healthy and connected young children and families build human capital potential for the future.


8. CONCLUSION

The project for introducing 15 hours of preschool in Knox Council early years services is well progressed for implementation from 2013.

Significant consultation and planning has been undertaken regarding application of preschool models at individual service sites to fit with existing early years user groups. Communication and liaison with stakeholders can occur when endorsement of 15 hours of preschool model/s occurs.

9. CONFIDENTIALITY

There are no confidentiality issues related to this report.

COUNCIL RESOLUTION MOVED: CR. McMILLAN SECONDED: CR. PEARCE

That Council

1. Endorse the two session models recommended in this report to be applied across the majority of 29 preschool service sites in January 2013 as follows:

i) 2 x 7.5 hour sessions per week; and ii) 3 x 5 hour sessions per week.

2. Note the early years facilities where engagement and consultation will be required with community managed services to facilitate altered times and days of access for early years facility users as outlined in section 2.5 and 2.6 of this report.

3. Continue to advocate to the State and Commonwealth Government to confirm funding needed to support the 15 hours reform, particularly the Preschool Per Capita Grant.

CARRIED

COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AFTER THE VOTE AND PRIOR TO DISCUSSION ON ITEM 8.2

309 COUNCIL – COMMUNITY SERVICES 27 March 2012 COUNCILLOR COSSARI VACATED THE CHAMBER AT 10.02PM DURING DISCUSSION ON ITEM 8.2 COUNCILLOR COSSARI RETURNED TO THE CHAMBER AT 10.04PM DURING DISCUSSION ON ITEM 8.2

ALL WARDS

8.2 REVIEW OF LIBRARY SERVICES

SUMMARY: Manager – Youth, Leisure & Cultural Services (David Blair)

This report provides Council with an overview of a proposal to upgrade and improve children’s areas within Council’s branch libraries. It also updates Council on the progress to date on the delivery of Council’s Library Strategy and also identifies further actions that are proposed to enhance the service along with the current opportunities for grants for public libraries from the State and Federal Government.

RECOMMENDATION

That Council notes the report.

1. INTRODUCTION

Council at its meeting of 22 November 2011 considered a report that set out the key highlights of library services delivered to the Knox community and also contained a number of proposed initiatives that could be introduced in 2012-13.

In considering this report Council resolved that a report be prepared for the March 2012 Council meeting outlining in particular:

1. The advice and plans to improve Knox libraries and the suggested improvements to the children’s areas as detailed in the report prepared by consultants engaged by Eastern Regional Library Corporation (ERLC).

2. An overview of key elements of Knox City Council’s Library Strategy.

3. An update on the future needs for Knox’s library service.

4. Advice on State and Federal Grants available for Public Libraries.

This report responds to this request.

Section 2.2 deals with proposals to enhance the children’s areas with Knox’s branch libraries; Section 2.3 provides an update on the progress being made to deliver Council’s Library Strategy; Section 2.4 identifies options that Council may wish to consider to further enhance its library services; and Section 2.5 provides advice on grants that may be sought from the State and Federal Government for Public Libraries.

310 COUNCIL – COMMUNITY SERVICES 27 March 2012 8.2 Review of Library Services (cont’d)

2. DISCUSSION

2.1 Background

Council at its meeting of 23 September 2008 adopted a review of Council’s Library Infrastructure and Service Delivery. In essence this review provided Council with a strategy to guide the future delivery of its library services.

Section 2.3 of this report deals in greater depth on this issue.

2.2 Proposed Improvements to Children’s Areas in Branch Libraries

ERLC delivers Council’s library services to the Knox community on Council’s behalf.

An area of concern for the ERLC is the number of developmentally vulnerable young children in the outer east of Melbourne. This concern was underlined by a survey undertaken in 2009 - the Australian Early Development Index. It measured 261,147 children across Australia in their first year of full time school against the following five areas, or domains, of early childhood development:

• Physical health and wellbeing

• Social competence

• Emotional maturity

• Language and cognitive skills

• Communication skills and general knowledge.

The results of the survey were as follows:

Location % of children that are developmentally vulnerable on one or more domains

% of children that are developmentally vulnerable on two or more domains

KNOX 17.0 7.6

AUSTRALIA 23.6 11.8

The overall data for Knox is reasonably positive compared to the national results, however the local area data, (see Appendix A) indicates that there are areas of high vulnerability, particularly Bayswater and Boronia.

Whilst there is no empirical evidence to prove that libraries that offer exciting and stimulating spaces within branches will attract young people and their families who are current non-users, ERLC believes that the introduction of a children’s themed area within libraries in the three municipalities will attract children and young families to better connect with literature and community programs.


ERLC decided to investigate the opportunities and costs for such works and consequently commissioned an architect to design appropriate physical facilities within each branch library within Knox as an example of how this could be progressed in the future.

It should be noted that this preliminary research would require more detailed analysis as indicated in the Comments Column in the table below.

The specific proposals for each Knox branch library are summarised as follows:

Knox Library

Description of Proposal Upgrade

Preliminary cost estimate as of June

2011

Officer’s Comments

The development of new wet areas for children’s accessible sanitary facilities and wet area for activities. There would also be an upgrade of the activities area for children along with the introduction of new furniture.

$735,000 Given the lease for this branch expires in 2017, the scope of works would need to be considered once more certainty on the occupancy of this site has been determined. There is however the opportunity to reuse and adapt the “enclosure envelope” of the children’s themed area for use at another site.

Ferntree Gully Library



2011


The proposal is to locate a themed children’s area using part of the existing desk space. The existing staff amenities area would be remodelled to become a Parenting Room. An Activities Room would also be provided with the existing collections area configured with a free flowing ‘organic’ external wall and glazing. There is also a proposal to provide a cafe to provide beverages and food to library patrons and users of the reserve.

$1,102,000

The proposals for this site would need to be considered along with any proposals to upgrade the Community Arts Centre at Ferntree Gully. In addition, officers would recommend that a business plan for the café is prepared by ERLC before Council could consider the provision of such a facility at this site.


Rowville Library



2011


The proposal utilises the existing internal courtyard to relocate the multipurpose room and create a parents’ and children’s area.

$1,112,000

There are proposals to relocate this facility within the Stud Park Shopping Centre. Until this matter is resolved, it would be prudent to, at the very least, take account of the opportunities set out in this proposal, to be incorporated in a new facility, should that occur.

Boronia Library



2011


The proposed redevelopment proposes redeveloping the loading dock into office accommodation thereby enabling the multi-purpose room to be repositioned in this area. This will allow for a larger children’s activity area to be established and a new café providing a link at the adjacent stadium.

$1,853,000 As identified in the Architect’s report, this project would need to be considered alongside Council’s plans to upgrade Boronia Park, the potential impact on the Boronia Basketball Stadium and the Boronia Structure Plan which makes reference to the potential relocation of the Boronia Branch Library. It is also recommended that a business plan for the café be prepared by ERLC before Council considers such a project.

It should be noted that Council’s future capital works program has identified the above projects as potential for consideration in future budget years. Each specific project would require further investigations prior to proceeding further. They would also need to be assessed against other key priorities for Council’s capital works into the future.


2.3 Library Service Review

2.3.1 Library Infrastructure

A number of actions have been undertaken with respect to library infrastructure, both in terms of upgrading existing facilities and also the planning of a new library in Bayswater. Details of actions undertaken are set out in Appendix B.

The Review adopted by Council on 23 September 2008, amongst other things, calls for a ‘hub and spoke’ model for the existing branch libraries and a new library at Bayswater.

A number of actions have been undertaken with respect to library infrastructure, both in terms of upgrading existing facilities and also planning for a new library in Bayswater.

The preferred network approach for library services into the future is a central hub library in Knox Central providing a full suite of services supported by strategically located, scalable, satellite points of presence in local communities in accordance with existing service delivery points and Bayswater and Council’s activity centres hierarchy. The model which is premised upon a larger library in Knox would have the capacity to support the satellite points with staff, programming and other resources. The model would also be supported by improved stock rotation and inter-library flexibility. An enhanced online service network would complement the physical library network.

This library service model (described as a ‘scalable points of presence’) includes the concept of the Community Lounge Room which is based on the premise that libraries can add significant value through the provision of opportunities for interaction in smaller spaces providing a point of presence and just-time service delivery. The key elements are: popular library and magazine collections targeted to specific groups, themed collections similar to bookshop format, lounge areas and meeting spaces, compact exhibition space and access to technology and proximity to café spaces.

The ‘scalable points of presence’ facilities would preferably be located around existing service points including Bayswater, and where possible within defined Major Activity Centres.


The library service model is illustrated by the diagram below:

2.3.2 Service and Strategic issues

The review also identifies a series of themes and strategies against which actions could be taken to improve the delivery of library services to the Knox community. The actions taken to date are set out in Appendix C.

2.4 Further Enhancement of Library Services

2012 is the National Year of Reading and Knox libraries have proposed a calendar of activities that will showcase this important year. Activities that are being proposed include:

• Knox reading ambassador program including a launch

• Guest author presentations

• Hosting a literacy forum

• Continuation of the outreach and storytime sessions

• Literacy inspired ‘Great Debates’


Other initiatives that are proposed for 2012-13 include:

• Research into “additional” services our community needs which may include financial advice on super, pensions, tax, etc.

• Lifestyle and Wellbeing Sessions including using mobile phones, tablets/ipads, social networking, cyber safety, superannuation, wills, tax and pensions.

2.5 Grant Opportunities from Government

At this point in time there are no Federal Government grants available. There is however the Victorian Living Libraries Infrastructure Program 2011-12.

The table below shows the funding that is available and funding ratios that apply to this program. Applicants are required to make a contribution toward the cost of the project.

The local contribution can be made from a number of sources including Council funding, Commonwealth funding and other non State Government sources. An in-kind contribution of up to 25% can be considered towards their total contribution.

Project Category

Funding available*

Funding ratios for co-contributions

Libraries for Metropolitan Communities

Up to $750,000

All Metro

DPCD $1 : $1 Local

Grants from this program can be used for:

• Construction works

• Permanent fixtures and fittings: permanent fixtures may include items such as carpeting, circulation desks and shelving.

Note that smaller grants for the renovation of existing facilities such as painting, new carpeting or a general tidy-up of the library are also available under the Living Libraries Infrastructure Program 2011-12.

Examples of the type of projects that will be considered for funding include:

• The construction of a new library for a community that does not have a public library building or the construction of a library building to replace an existing library.

• The conversion of an existing non-library building for library use.

• The renovation/refurbishment or extension of an existing library building. Renovation or refurbishment of leased premises may be considered. Applicants must demonstrate the cost-benefit of the renovation or refurbishment in proportion to the length of the lease.


• The incorporation of a public library space as an element of a broader community facility. Where the library is part of a larger complex, only the proportion of the cost directly attributable to the public library service is eligible. Applicants must identify this proportion in the application.

3. CONSULTATION

ERLC has been consulted on the content of this report.


ERLC is committed to a Green Procurement approach by supporting the principles of sustainable procurement within the context of purchasing on a value for money basis.


The preliminary infrastructure costs required to upgrade Branch libraries to include childrens areas are set out in Section 2.2 of this report. If Council is interested in pursuing these proposed changes, further analysis and scoping would be required and these would need to be considered in the context of other Council priorities in future Council budget planning processes.

The identified service initiatives set out in section 2.4 of this report can be met from the operating budget of ERLC. In terms of State Government funding for libraries, Council will continue to participate actively in the current State Government review of the future role and functions of public libraries in Victoria being undertaken during 2012.


The vital contribution of public libraries to the wellbeing of our residents and to the education and economic development of communities is recognised across the developed world. Support for this role has underpinned the commitment of Knox City Council and ERLC to the provision of high quality public library services.


A key four year priority action for Council under the theme of culturally rich and active communities is to provide local libraries as key community hubs for lifelong learning, leisure and connection for people of all ages, to increase access to information and opportunity.

8. CONCLUSION

This report provides a summary of the significant improvements to library services that Council has undertaken since the Library Review was adopted by Council in 2008.


It also sets out actions being taken by ERLC to promote reading through activities being staged as part of the National Year of Reading.

Finally the report outlines preliminary investigations undertaken to upgrade library infrastructure in order to attract more young children and their families to use libraries in Knox.

9. CONFIDENTIALITY

There are no confidential matters arising from this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. McMILLAN

That Council notes the report. CARRIED

318 COUNCIL – COMMUNITY SERVICES 27 March 2012

APPENDIX A – REVIEW OF LIBRARY SERVICES

Australia Early Development Index Aedi Knox Community, Victoria

Local Community Number

of Children

Proportion of children developmentally vulnerable (%)

Physical health and wellbeing

Social competence

Emotional maturity

Language and cognitive skills (school-based)

Communication skills and general

knowledge

Vulnerable on one or more

domains of the AEDI

Vulnerable on two or more

domains of the AEDI

Bayswater 145 11.8 15.4 14.0 5.9 12.5 28.7 17.6 Boronia 220 10.5 6.7 12.9 5.7 7.2 23.4 9.1 Ferntree Gully 291 7.0 5.9 5.2 3.7 6.3 15.9 7.4 Knoxfield 75 6.0 3.0 1.5 6.0 3.0 13.4 4.5 Lysterfield/ Lysterfield surrounds

89 4.8 2.4 2.4 4.8 2.4 9.5 3.6

Rowville 421 6.4 7.6 8.4 3.2 3.7 16.7 7.1 Scoresby 74 2.9 2.9 5.9 4.4 4.4 11.8 7.4 The Basin 43 12.5 2.5 7.5 0.0 2.5 20.0 2.5 Upper Ferntree Gully 45 0.0 0.0 4.8 2.4 0.0 7.1 0.0 Wantirna 135 10.5 5.6 9.7 4.0 4.0 17.7 8.1 Wantirna South 131 1.6 3.1 5.5 1.6 2.4 8.7 4.7

319 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX B – REVIEW OF LIBRARY SERVICES

Suburb Site Current

Size Proposed Future Size

Actions to Date

Knox Central hub library

891 sqm

2000 sqm Improvements have been made to library layout, furnishings and configuration. The library has been repainted, recarpeted (in part), a new community room built, shelving remodeled, new work/study benches and a new entrance to the library. New bay ends, signage and furniture has been provided. 12 new Public Access PCs, WiFi and Self Check out introduced. Council has established a furniture replacement program within its capital works program. The current lease expires 2017. After 2017 options include relocation within Central Civic/Cultural Precinct with a 2,000 sqm library and partnerships established with other learning providers. Alternatively the lease for the current site may be extended. Section 2.2 of this report provides details on the likely costs for the improvement of Knox Library, incl Children’s Play Area


Suburb Site Current Size

Proposed Future Size

Actions to Date

Boronia Branch library 600 sqm

600-1,000 sqm

Improvements have been made to library layout, furnishings and configuration. The Boronia Library has undergone a refurbishment. The library has been repainted, recarpeted, new shelving installed and there has been an upgrade of furniture, equipment and technology 7 new Public Access PCs, WiFi, and self check out have been in introduced. Council officers and ERLC will actively participate in the planning for the new Boronia Park Precinct. Section 2.2 of this report provides details on the likely costs for the expansion of Boronia Library, incl Café & Children’s Play Area

Bayswater Community lounge

100-250 sqm

Investigations are underway to identify the opportunities in Bayswater Central for a community lounge room model library together with an early years facility for children and other community services.


Suburb Site Current Size

Proposed Future Size

Actions to Date

Rowville Branch library 651 sqm

850-1,000 sqm

Improvements have been made to library layout, furnishings and configuration. Rowville library has been repainted, recarpeted (in part), shelving remodeled, new work/study benches and a new entrance to the library. New bay ends, signage and furniture were provided. 13 new Public Access PCs, WiFi and Self Check out introduced. Council has established a furniture replacement program within its capital works program. Opportunities to relocate to 850-1000 sqm of library space in redeveloped Rowville Shopping Centre are underway. Section 2.2 of this report provides details on the likely costs for the expansion of Rowville Library, incl Children’s Play Area.


Ferntree Gully

Community lounge

286 sqm

100-250 sqm Improvements have been made to library layout, furnishings and configuration. The library has been repainted, recarpeted, new shelving installed and there has been an upgrade of furniture, equipment and technology. 7 new Public Access PCs, WiFi and Self Check out introduced.

Section 2.2 of this report provides details on the likely costs for the expansion of Ferntree Gully Library, incl Café & Children’s Play Area

323 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Community Vision

Issue

Strategy

Actions to Date

Council has outlined comprehensive community vision and a series of community plans to ensure this vision is realised by 2025. The activities that support these community plans need to be greater aligned with the services and activities that are delivered through the Knox Branch Libraries.

Ensure KCSD and Branch Library business planning processes incorporates opportunities to integrate services and optimise delivery of activities and programs through the branch Libraries.

On an annual basis: • programming staff from Eastern

Regional Libraries (ERLC) and Knox Community Services Directorate discuss joint programming.

• The ERLC Library Plan lists Knox specific initiatives which are reflected in Branch Action Plans

Theme – Young People and Families

Issue

Strategy

Actions to Date

ERLC, through the Knox libraries, must position itself to become an active partner with Council's Municipal Early Years Plan (MEYP), and with other early childhood educators and providers to ensure Federal funding opportunities can be actioned when available, to give the young families in Knox access to quality programs and relevant resources. Children's library activities and story times should also be aligned with Council's Early Years Plan outcomes and be integrated with other actions from this plan.

Incorporate library services early years plan into the Knox branch library plans that aligns services and activities to Council's early years plan.

Branch actions plans reflect the MEYP. In 2011 and 2012 Council has funded additional outreach and weekend storytimes to reach isolated, disadvantaged and working families.

324 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Older People

Issue

Strategy

Actions to Date

The City of Knox is experiencing a growth in the proportion of residents over 55 years, in line with the national trends of an ageing population. Increased services and activities will be required in the future to establish a healthy ageing culture. With increased ageing and decreasing mobility, it will be important to provide services that are accessible. This will include not only physical access but also the provision of services accessible on public transport routes and in co- location with other services.

Investigate opportunities to partner and connect with other services for the aged to enable extension of existing library services to this cohort

ERLC has developed a strategy “Prime Time Services for Mature Age and Libraries Corporation 2011-15” which reflects the Healthy Ageing Plan. Council has acquired a new smaller more service flexible outreach vehicle that will focus primarily on aged care facilities. ELRC play an active role in Council’s Seniors Festival.

Theme – Community Engagement

Issue

Strategy

Actions to Date

There has been a trend towards libraries becoming more involved in community development and in developing strategies to build more cohesive and inclusive communities. Brisbane City Library provides an exemplary model in its focus on strategic partnerships and programming and the strategic positioning of the library to play a broader role for Council in the community to deliver on Council's outcomes.

Investigate opportunities for ERLC and Knox Branch Librarians participation in community planning, social planning committees and community development programs to ensure library participation in and connection to community development in Knox City.

Regular briefings are held between ERLC and Council staff including updates on library and community trends and contemporary community engagement practices. Joint business planning processes between Council and ERLC are held regularly e.g. festivals & events.

325 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Lifelong Learning

Issue

Strategy

Actions to Date

If the Council vision of a lifelong learning culture is to be realised then significant, planned investment in the provision of increased Public Access PCs within the Knox Branch Libraries is required in the immediate term, with investment in staff resources to developing learning partnerships with local schools and their computer labs being made available for adult computer literacy classes with the library playing a co-ordination role should be planned for. This coordination role could also extend to the community learning opportunities already available in Knox and progress the existing digital community organisation database.

Develop a community lifelong learning action plan that includes an audit of what is currently happening across the City. Develop a coordinated approach to lifelong learning across the City.

Manager — Youth, Leisure & Cultural Services prepared a business case for consideration for inclusion in Councils budgets to develop a lifelong learning framework. To date funding not identified. Opportunities for additional external funding will also be sought. 35 Public Access PCs have been provided in branches. Wi-Fi has been provided in all branches.

326 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Public Image

Issue

Strategy

Actions to Date

To retain relevance, libraries will be required to adapt to new technologies and position themselves as important learning organisations where services continually change and improve to meet the information demands of the community. Libraries will need to rethink their traditional mainstay, the circulating collection. The concept of reading is changing the cultural weight is more on visual/factual information in a variety of formats and less on reflective/entertaining book- oriented activity.

Develop a promotional strategy that encompasses external and internal signage, marketing of the library and promotion of the virtual library

ERLC has introduced TV's into Knox, Boronia and Ferntree Gully Branch Libraries. A Wi-Fi console is provided in Ferntree Gully to attract and engage young people. ERLC has introduced downloadable E-books. Wi-Fi has been provided in all branches. ERLC developed a marketing plan to inform the preparation of a business case to Council for capital funding to improve signage. ERLC has produced brochures, banners and social networking materials to promote its virtual library, Downloadables, Public Access PCs and Wi-Fi.

Theme – Opening Hours

Issue

Strategy

Actions to Date

All libraries were opening at 10am. All Knox libraries are open on Saturday, with the Knox and Rowville Libraries also open on Sundays. The virtual library and its electronic resources are accessible at all times.

Undertake a detailed analysis of opening hours and usage patterns to assess where activity and efficiency is lowest.

Analysis has been undertaken. With new self checkout technology, Knox & Rowville now open Mon – Fri at 9am. Council has funded an additional 4 hours of opening hours in Rowville on Saturdays.

327 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Mobile Library

Issue

Strategy

Actions to Date

The current Mobile Library service is underutilised and the vehicle is in immediate need of replacement. Investigation into flexible mobile service delivery options in light of the ageing population is happening within the wider library industry.

Develop the specification for a hybrid mobile library service delivered through a smaller more flexible vehicle that can deliver integrated Council, community and library services to targeted communities and customers. Develop a change management plan to transfer existing Mobile Library Service delivery to the proposed new model once this has been determined

Awaiting delivery of the new flexible service delivery outreach vehicle. ERLC in conjunction with Council staff is developing a timetable for the new vehicle with a focus on delivering services to aged care facilities. A Communication Plan has been developed by Council staff to facilitate the transition to the new vehicle.

328 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Public Transport

Issue

Strategy

Actions to Date

The existing Knox library branches are located close to public transport services and major road arterials. Council is reviewing its cycle path plan across the Knox LGA.

Review public transport services from areas within the LGA more than 1 km from their closest library. Review access from railway stations and bus stops to libraries to ensure appropriate street lighting and personal safety. Proactively engage with transport planning staff within Council to discuss future cycle path planning, provision of bike lockers and integration with the location of libraries and community facilities.

The Manager, YL&CS and ERLC CEO will meet with the Manager — Engineering to progress the above action. This action not undertaken to date.

329 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Partnerships Issue

Strategy

Actions to Date

There are opportunities for the Knox libraries to link in more effectively with other groups, agencies and government departments. Further internal partnering in the provision of services and programs should also be developed, and opportunities to provide selected Council services from branch libraries should also be further investigated.

Investigate potential partner tenants for a new community centre in Bayswater. Potential partners could be related to community health and services for children. Identify partnership opportunities for the proposed Knox Central Library with service providers such as Neighbourhood House and University of the Third Age. Identify partnership opportunities with local schools and education providers to increase usage of libraries amongst younger children.

Opportunities of partnerships for Bayswater, Boronia and Knox Central library developments will be considered in the planning of these proposed facilities. Potential partnerships identified for Bayswater library.

330 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – IT and Electronic Services Issue

Strategy

Actions to Date

Integration of activities, actions and services needs to be undertaken at the business planning stage and these opportunities to co-locate services and activities and integrate these with library services should be identified and forwarded through the existing Council planning processes. This will mean that a strategic planning resource will need to be provided for in the organisational structure of the ERLC for Knox and also mean that the Branch Librarians of Knox need to be more fully integrated into the Council community services Units. Future infrastructure also needs to co-locate community and Council services to ensure cost effective and efficient delivery of integrated services to the Knox community.

Identify opportunities to co-locate services and activities. Ensure that business planning within the ERLC and at Knox branch level is aligned with Council’s directions.

The development of an integrated Service & Facility Planning Framework has been developed by Council and includes libraries.

331 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX C – REVIEW OF LIBRARY SERVICES Theme – Integration Issue

Strategy

Actions to Date

Public libraries are well placed to provide access to information technology and interact with their communities and users in meaningful ways to retain relevance into the future.

Libraries must employ the power of information technology by emphasizing new roles in their public services. Libraries must continue to offer the latest features of telecommunications, which integrate sound, text, data and images. Partnerships with other organizations have to be developed in the rapidly expanding information universe. Libraries must strive to promote the concept of end user empowerment that is to link people with information without an intermediary. Libraries must broaden the range of electronic services. Investigation into the provision of downloadable media, extended virtual reference services and the marketing of the virtual library to be undertaken.

Business cases for additional recurrent and capital funding to improve technology within Council's libraries were developed and funded by Council

• 35 additional Public Access PCs have been provided.

• ERLC has introduced

Twitter, SMS to keep members up to date

• ERLC has introduced TV's

into Knox, Boronia and Ferntree Gully Branch Libraries.

• A Wi-Fi console is

provided in Ferntree to attract and engage young people.

• ERLC has introduced

downloadable E-books.

• Wi-Fi has been provided in all branches.

• Self checkout has been

provided in all branches


ALL WARDS

8.3 EARLY YEARS ADVISORY COMMITTEE – REVISED TERMS OF REFERENCE & PROPOSED NEW TERM

SUMMARY: Manager – Family and Children’s Services (Janine Brown)

The current two (2) year term of the Early Years Advisory Committee (EYAC) expires in April 2012. Following a review of the role and achievements of the inaugural Committee, it is recommended that the Early Years Advisory Committee continue for a further two (2) year term.

This report provides an overview of the key discussion topics and achievements of the EYAC over the past two (2) years.

Should Council endorse the continuation of the EYAC, some minor amendments are recommended to support the effective functioning of the Committee, and to reflect Council’s updated Committee Policy.

Council’s approval is sought to commence the recruitment of new Committee members.

RECOMMENDATION

That Council

1. Note the key discussion topics and achievements of the Early Years Advisory Committee over the past two (2) years.

2. Approve the continuation of the Early Years Advisory Committee for a further two (2) year term.

3. Adopt the revised Terms of Reference for the Early Years Advisory Committee as contained in Appendix A.

4. Endorse the commencement of an expression of interest process to recruit new Community and Professional Members for the Early Years Advisory Committee.

5. Appoint as Council’s representative on the selection panel for the Early Years Advisory Committee members in accordance with the proposed Terms of Reference.

6. Thank outgoing Committee members for their contributions over the last two (2) years.

333 COUNCIL – COMMUNITY SERVICES 27 March 2012 8.3 Early Years Advisory Committee – Revised Terms of Reference &

Proposed New Term (cont’d)

1. INTRODUCTION

The Early Years Advisory Committee (EYAC) was first endorsed by Council in November 2009 and was formally established in April 2010. The purpose of the EYAC was to provide advice to Council on the development and implementation of the Municipal Early Years Plan 2011-2015 (MEYP) and emerging issues affecting families and young children within the Knox municipality throughout the appointed term of the Committee.

The proposed, revised Terms of Reference are based upon discussions with the current Committee. A detailed listing of these amendments is outlined in section 2.2 of this report. The revised Terms of Reference also incorporate the provisions outlined in Council’s Committees Policy, updated 25 January 2011. This report also highlights for Council’s consideration the key discussion topics and achievements of the EYAC over the past two (2) years.

2. DISCUSSION

2.1 Role of the Committee

Council formally endorsed the objectives of the inaugural EYAC Committee to:

1. Provide advice and recommendations to Council on the implementation of the Municipal Early Years Plan (MEYP) 2011-2015 including

a. Agreed priorities; b. The ongoing outcomes and achievements of the MEYP 2011-2015; c. Effective communication and consultation strategies to facilitate

engagement with the community and other key stakeholders on development and implementation of the MEYP.

2. Provide advice to Council on emerging issues affecting families and children, and the related services within the Knox community;

3. Identify emerging key research, policy and legislative issues that might impact on the implementation of the MEYP 2011-2015;

4. Consider advice and information made available through other Council advisory and community consultation processes related to families and children.

2.2 Achievements and Key Discussions of current Early Years Advisory Committee

During the EYAC’s two (2) year history Committee members have:

• Explored and discussed many aspects of the early years service system;



• Considered up-to-date research about children, families and the most effective interventions and support from a whole community point of view;

• Contributed to the review and redevelopment of Council’s MEYP 2011-2015;

• Contributed to the development of the Bayswater, Boronia, and The Basin Project – Increasing Preschool Participation in the City of Knox; and the review of Council’s Arts, and Open Space Plans;

• Contributed to Council’s considerations around issues of concern for the early years, the Knox community, children and their families and policy development considerations including the implementation of 15 Hours of Preschool and associated Preschool Policy Review;

• Reflected upon their Committee term, and discussed priorities for children and families in Knox over the next 12 months to recommend to Council. Some key points raised by the Committee included the importance of - o Council prioritising children and families through appropriate

resourcing; o Children being visible and active in the community and their voices

being championed; o Ensuring availability of places and spaces across the Knox community

which are specifically for children; o Continuing and expanding work for, and with, vulnerable children and

families (especially ongoing services, rather than pilot programs); and o Services and supports which are accessible for families (eg. MCH in

shopping centres and services on Saturdays; Storytime in Knox Libraries).

2.3 Revised Terms of Reference

Towards the conclusion of the current EYAC Committee term, a review of the Terms of Reference was conducted with the Committee and a number of amendments were identified to assist with the functioning of the Committee. In particular, it was identified that with the fast-changing policy, legislative and funding environment and the commitment required to the Committee by both busy professionals and parents, the implementation of a rotating membership base was the best way to retain knowledge and momentum whilst still injecting new members and new viewpoints into the EYAC.



Key aspects of proposed changes within the revised Terms of Reference, contained in Appendix A, are as follows:

• Rotating membership – Committee membership capacity to ensure that a

full spill of the Committee does not occur at one time, and allowing knowledge and learnings to be retained within the Committee. The revised Terms of Reference do not restrict current members to reapply;

• Conduct and Interest Provisions - this section has been re-written following amendments to legislation and reflects the current Council’s Committees Policy and legislative requirements; and,

• Inclusion of a Quorum of five members to be personally present for a meeting to proceed.

2.4 Continuation of Committee

Given that the current EYAC members have reviewed and evaluated the role of EYAC and believe that the role of the EYAC is still relevant, it is recommended that the EYAC continue for a further two (2) year term.

Community and Professional Representatives will be sought through an Expression of Interest process via public advertisement, including local newspapers, on Council’s web site and through local networks. Council will be responsible for appointing all Community and Professional members to the EYAC. Endorsement is sought from Council to commence the Expression of Interest process and nominate a Councillor to sit on the selection panel as outlined in the proposed Terms of Reference.

3. CONSULTATION

The current EYAC, comprising of Councillors, Council Officers, community, and professional representatives have been involved in the review and evaluation of the current committee and its functions and have identified a number of minor amendments to be incorporated in a revised Terms of Reference, contained in Appendix A.

From a consultation perspective, members of the EYAC bring a range of viewpoints to the Committee. Outgoing Committee Members have had the opportunity to contribute to a number of community engagement activities undertaken during the Committee’s term. These include the review of Council’s Municipal Early Years Plan, the Arts Plan, and the Open Space Plan. Committee Members have also been invited to contribute to the review of Council’s Preschool Policy and associated implementation of the 15 Hours of Preschool.




There are no environmental or amenity issues related to this report.


The annual cost of the EYAC is approximately $2,000 to cover catering, and administration costs in addition to approximately 5 hours in Officer time each month; and is provided in Council’s operating budget. Coordination of the EYAC is the responsibility of the Early Years Integrated Services, Planning & Partnerships team within the Family and Children’s Services Department.

If approved, the continuation of EYAC for a further two (2) year term and the proposed revised Terms of Reference will require no additional financial resources.


The establishment of the EYAC has been a positive step towards achieving greater engagement and maintains respects for Knox’s long and proud history of pioneering the way in supporting and facilitating early years services for its community. Research is clear that when a community places the child as a central concern in the context of family, community and culture, significant and life-long benefits result for the community.


The appointment of community and professional representatives to Council Advisory Committees fosters an increased level of engagement with the community and encourages greater participation in local government.

The Council Plan 2009-13 (2010 Update) identifies the key directions and strategic initiatives to achieve Council’s purpose of enhancing the quality of life of the Knox Community. The themes which are of particular relevance for children and families in Knox include: ‘Healthy Connected Communities’, and ‘Dynamic Services and Facilities’.

A second term of the Committee reflects the Vision 2025 aspiration of investing in children and young people. Vision 2025 guides Council’s work towards establishing and maintaining leading edge partnerships, which in turn will support the provision of Council early years services and facilities that respond to demographic changes. The Committee will also contribute to the Vision 2025 aspiration of healthy, connected communities through the development of partnerships.



Knox City Council’s MEYP “Off to a Flying Start” sits within a hierarchy of Council’s strategic plans for the Knox community and directly relates to the outcomes ascribed in Vision 2025, Council Plan and Council’s Health and Wellbeing Plan.

Knox’s vision for children and families outlined in the MEYP is that:

• Knox Children: Are enjoying a fun, happy, safe childhood where they are loved, supported and nurtured. They are engaged towards optimal health, wellbeing, and are active participants in their own learning, development and community;

• Knox Families: Are richly diverse, and their role as their child’s first and most important teachers is acknowledged and valued. They are supported, encouraged, connected, informed and empowered to be nurturing, confident and thriving families; and that

• Childhood in Knox: Is an important and recognised stage of life, where children play and explore and are part of neighbourhoods, as their learning is supported by their family, friends and wider community.

8. CONCLUSION

The outgoing members of the Early Years Advisory Committee have played a key role in contributing to the review and redevelopment of Council’s Municipal Early Years Plan. Knox City Council’s Municipal Early Years Plan 2011-2015 has provided a strong foundation for the work in relation to young children and their families in the Knox Community. The continuing existence of the Committee will provide an important structure to support the successful implementation and further development of the Knox Municipal Early Years Plan.

9. CONFIDENTIALITY

There are no confidential issues pertaining to this report.



COUNCIL RESOLUTION MOVED: CR. McMILLAN SECONDED: CR. COSSARI

That Council

1. Note the key discussion topics and achievements of the Early Years Advisory Committee over the past two (2) years.

2. Approve the continuation of the Early Years Advisory Committee for a further two (2) year term.

3. Adopt the revised Terms of Reference for the Early Years Advisory Committee as contained in Appendix A.

4. Endorse the commencement of an expression of interest process to recruit new Community and Professional Members for the Early Years Advisory Committee.

5. Appoint Councillor Gill as Council’s representative on the selection panel for the Early Years Advisory Committee members in accordance with the proposed Terms of Reference.

6. Thank outgoing Committee members for their contributions over the last two (2) years.

CARRIED


APPENDIX A/1 – Revised Terms of Reference

340 COUNCIL – COMMUNITY SERVICES 27 March 2012 APPENDIX A/2

345 COUNCIL – CORPORATE DEVELOPMENT 27 March 2012

ALL WARDS

9.1 REVIEW OF WARD CONTINGENCY FUND POLICY

SUMMARY: Acting Manager – Governance (Carrie Bruce)

This report presents to Council the Ward Contingency Fund Policy for review.

The proposed changes to the policy fall into the following categories:

• Ensuring compliance with current legislation

• Ensuring consistency with other Council policies and programs

• Strengthening governance arrangements and accountability

• Minor amendments to terminology

• Translating documents to the current policy template

RECOMMENDATION

That Council adopt the revised Ward Contingency Fund Policy presented to this meeting and shown as Appendix A.

1. INTRODUCTION

Council maintains a comprehensive suite of policies which guide its operations by ensuring appropriate governance processes are in place to support quality decision making and accountability. Periodic reviews are central to ensuring that policies remain current and add value to the organisation’s operations.

This policy was previously presented to the January Ordinary Meeting of Council and deferred for further discussion to an Issues Briefing. The policy is now presented to Council for consideration.

2. DISCUSSION

This policy has been revised in order to strengthen governance and accountability in relation to the administration and expenditure of ward funds.

The following amendments are proposed to the current policy:

• The definition for ‘Community Group’ has been strengthened to clearly articulate the organisations that are eligible to apply for funding under this policy. The definition expressly excludes those entities whose profits are distributed to owners or investors, educational institutions and State and Federal government departments and agencies.

• A definition for ‘Not for Profit’ has been proposed and is based on the definition provided by the Australian Taxation Office.

346 COUNCIL – CORPORATE DEVELOPMENT 27 March 2012 9.1 Review of Ward Contingency Fund Policy (cont’d)

• A new definition for ‘Incidental Funding’ has been proposed to provide clarity around the types of requests that are designed to be funded from this program. Requests for funding are to be applied to minor, intermittent, one-off funding requests generally in relation to project based initiatives. Other funding programs within Council, such as the Community Development Fund, are designed to capture more significant partnership based activities and expenditure.

• Clause 6.3.5 is a proposed new clause which clarifies the purpose of the program which is to respond to one-off funding requests. The program is not designed to respond to applications for ongoing, regular or recurrent funding which should be addressed through Council’s budget process. This clause also includes an additional qualifying statement that financial donations and general fundraising activities will not be supported through the Ward Contingency Fund as these types of activities do not fall within the scope of this policy.

• Clause 6.3.6 is a proposed new clause which introduces maximum grant limits of $1000 for individual Wards and $3000 for joint grants. The maximum individual Ward limits apply for joint grants and it must also be demonstrated that the applicant contributes to and benefits each ward contributing to the grant. The introduction of these thresholds strengthens governance and accountability in relation to the expenditure of Council funds. It is also considered appropriate that applications above $3000 be assessed through a more rigorous process against competing projects (as happens through the Budget process).

• Clause 6.8 has been amended to reflect recent changes to the Local Government Act 1989 whereby Council elections will now be held in October. The percentage of funds quarantined has increased from 60% to 70% to reflect this change.

• Clause 6.11 is a new clause which clarifies that staff must approve and subsequently commit Council expenditure in accordance with their delegated authority.

3. CONSULTATION

Extensive consultation has been undertaken in relation to the review of the Ward Contingency Fund policy. Councillors were briefed on the proposed changes at a briefing session prior to preparation of the draft policy.


There are no environmental or amenity issues associated with this report.


The policies as presented have no incremental financial implications for Council.



The application of this policy provides Council with an opportunity to directly support a range of community groups and individuals within Knox.


This policy supports the key result area - A well governed and leading organisation - by ensuring accountability through the application of appropriate governance processes around the expenditure of Council funds.

8. CONCLUSION

It is recommended that Council endorse the revised Ward Contingency Fund Policy shown at Appendix A for the reasons outlined in this report.

9. CONFIDENTIALITY

There are no issues of confidentiality associated with this report.

COUNCIL RESOLUTION MOVED: CR. COOPER SECONDED: CR. McMILLAN

That Council adopt the revised Ward Contingency Fund Policy presented to this meeting and shown as Appendix A, subject to clause 6.3.5 being amended to read:

“Applications for financial donations and general fundraising activities will not be supported through the Ward Contingency Fund”.

PROCEDURAL MOTION

MOVED: CR. COOPER

That the Motion now be put. A Division was called by Councillor Cooper For the procedural motion: Councillor Pearce, Councillor Mc Millan,

Councillor Van de Vreede, Councillor Cooper, Councillor Gill

Against the procedural motion: Councillor Mortimore, Councillor Cossari,

Councillor Cole

CARRIED 5:3


THE SUBSTANTIVE MOTION WAS THEN PUT A Division was called for the substantive motion by Councillor Cooper For the motion: Councillor Pearce, Councillor Mc Millan,

Councillor Van de Vreede, Councillor Cooper, Councillor Gill

Against the motion: Councillor Mortimore, Councillor Cossari,

Councillor Cole

CARRIED 5:3

PROCEDURAL MOTION

MOVED: CR. COOPER SECONDED: CR. McMILLAN

That Council approve an extension of time under Clause 31 of the Meeting Procedure and Use of Common Seal Local Law 2008 for continuation of this evening’s meeting. CARRIED

349 COUNCIL – CORPORATE DEVELOPMENT 27 March 2012 Appendix A

DRAFT KNOX POLICY

WARD CONTINGENCY FUNDS

Policy Number:

2004/07 Directorate: Corporate Development

Approval by:

Council Responsible Officer:

Manager Governance

Approval Date:

24 January 2012 Version Number:

4

Review Date:

24 January 2015

1. PURPOSE

The purpose of this Policy is to guide the allocation of Ward Contingency Funds.

2. CONTEXT

This Policy is to be read in conjunction with the following two policies:

• Sporting Grants for Individuals Policy • Knox Arts and Cultural Grants Policy

3. SCOPE

This Policy applies to all allocations from the Ward Contingency Funds.

4. REFERENCES

4.1 Council Plan • Effective Governance • Partnering and Engaging

4.2 Relevant Legislation • Local Government Act 1989 – Conflict and Interest Provisions

4.3 Charter of Human Rights • This Policy has been assessed against and complies with the Charter

of Human Rights.

4.4 Related Council Policies • Sporting Grants for Individuals Policy • Knox Arts and Cultural Grants Policy • Election Period Policy • Councillor Code of Conduct • Community Development Fund Grant Program


4.5 Related Council Procedures • Nil

5. DEFINITIONS In this Policy:

Community Group(s)

Means a legal entity that provides services, support or activities to the Knox community. This expressly excludes entities whose profits are distributed to owners or investors, educational institutions and State and Federal government departments and agencies; but does not exclude ‘not for profit’ organisations, including school councils/auxiliaries who otherwise qualify under the Policy.

Council Means Knox City Council, whether constituted before or after the commencement of this Policy.

Incidental Funding

Means funding for projects or initiatives that are relatively minor in nature.

Individual(s) Means a resident(s) of the Knox Municipality.

Not for Profit Means a group or organisation that is not operating for the profit or gain of its individual members; and any profit made goes back into the operation of the organisation to carry out its purpose.

• If not a legal entity in their own right, have a committee of management or similar that can accept responsibility for the project and relevant funds.

• Have an Australian Business Number or be prepared to fill out a ‘Statement by Supplier’ declaration form from the Australian Taxation Office.

6. COUNCIL POLICY

6.1 A budget allocation will be made in each financial year to respond to incidental funding requests on a Ward basis. This allocation will be known as Ward Contingency Funds.

6.2 Allocations from Ward Contingency Funds shall be for the purposes of

meeting:

6.2.1 Requests for incidental funding from individuals and/or community groups within Knox on a Ward basis (excluding applications by individuals for Sporting Grants and Arts and Cultural Grants); and

6.2.2 Requests for incidental funding on a Ward basis which are not eligible for funding under the Community Development Fund or other Council program(s) or funding arrangement(s).


6.2.3 Ward Contingency Funds must not supplement, subsidise or replace existing Council Budget allocations.

6.3 Funding is recommended at the Ward Councillor’s discretion subject to

the provisions of this Policy. The following criteria shall be used in determining any application for Ward funds under this Policy:

6.3.1 All requests for funding must be in writing and on the relevant

funding application form; and

6.3.2 Applications must be from individuals who reside in Knox or community groups that provide services to the Knox community; and

6.3.3 For applications of $1,000 or more, successful applicants must provide a statement to Council that the funds have been spent in accordance with their funding application (and if requested, to provide financial evidence of expenditure); and

6.3.4 All applications for funding must provide a demonstrated benefit to the Knox community and be in keeping with the objectives and directions of the Council Plan.

6.3.5 Ward Contingency Funds shall only be applied to one-off funding requests. Applications for ongoing, regular or recurrent funding will be directed to Council’s budgeting process and not supported by Ward Contingency Funds. Applications for financial donations and general fundraising activities will not be supported through the Ward Contingency Fund.

6.3.6 The following maximum grant limits apply:

• Maximum funding per application per Ward is $1,000; and

• A maximum of $3,000 for any one application. For applications funded by more than one Ward, it must be demonstrated that the applicant contributes to and benefits each Ward that is contributing funds.

6.4 Applications for funding cannot be made retrospectively and must be

received and approved before the event or activity to which the funding relates is undertaken.

6.5 Councillors shall complete a declaration form for each approved

funding application to identify any conflict of interest they may have in the recipient individual or community group in relation to the funding application sought. The declaration form must be completed and attached to the funding application prior to processing.

6.6 On an annual basis, any unallocated funds from the Ward Contingency

Fund will be carried forward and allocated to Council’s Community Development Fund in the following financial year.


6.7 A report shall be presented to Council on a quarterly basis outlining expenditure for the period related to this Policy.

6.8 Council will quarantine 70% of the annual Ward Contingency Fund

allocation in the financial year in which a General Election is held for use by the respective incoming Ward Councillor.

6.9 Councillors who nominate as a candidate in a General Election will

ensure that Ward Contingency Funds are not committed or expended during the period commencing from the date of nomination until Election Day.

6.10 All approved applications and associated documentation must be

lodged with the relevant officer/s administering this Policy no later than five working days of the end of the financial year to be costed to that financial year.

6.11 Allocation of funds from the Ward Contingency Fund constitutes an

expenditure and therefore an appropriation of Council funds. As such, the final approval of an application for Ward Contingency Funds, and the subsequent committing of Council expenditure, must only be undertaken by a Council officer with appropriate delegated authority.

353 COUNCIL – ITEMS FOR INFORMATION 27 March 2012

ALL WARDS

10.1 WORKS REPORT AS AT 27 MARCH 2012

SUMMARY: Coordinator – Capital Works (Gene Chiron)

The Works Report shows projects on Council’s Capital Works Program and indicates the status of each project as at 27 March 2012.

RECOMMENDATION

That the works report for March 2012 be received and noted.

1. INTRODUCTION

This report summarises progress on Council’s Capital Works Program for the 2010/2011 financial year. The aim of this report is to provide a regular and succinct status summary of each project over the last month. The Capital Works Report, as of 27 March 2012, is attached as Appendix A.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COOPER

That the works report for March 2012 be received and noted. CARRIED


APPENDIX A 001 Bridges Renewal Program $57,000

Works have been programmed. Waiting on three written quotes. To be completed by early April.

004 High Risk Road Failures $525,177

Ferndale Road retaining wall works have been delayed due to the contractor's workload. A commitment has been made to have the works completed by the end of March. The remainder of the program will be committed on works at Cornish Road and patching at Albert Avenue.

007 Road Surface Renewal Program $4,173,756

Works are progressing without issue. 70 streets have been completed in the program so far.

008 Drainage Pit and Pipe Renewal Program $1,889,000

Program progressing. Major works are currently in progress at Lording Street/Alexander Crescent, Acadia Avenue and Endeavour Place.

009 Footpath Renewal Program $2,900,000

Program progressing on schedule with 58% expended and 67% committed.

010 Bicycle / Shared Path Renewal Program $857,000

Works progressing on schedule. Contracted works have almost been completed. Minor reactive maintenance works will see the completion of the program.

011 Information System Plan Implementation $392,000

Server infrastructure/software purchasing underway. Laptop and desktop deployment is currently underway with 40% of funds expended.

355 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 016 Building Renewal Program $1,589,000

Program is 65% committed/expended with 44% budget expended - works commencing and/or nearing completion over the month of March include: Operations Centre office block - internal painting; Operations amenities block - internal painting (toilet/shower area); Eastgate - Internal painting, refit of male toilets Knox Gardens Community Hall - internal painting, toilets refit; Knox Park Athletics - Internal painting; The Basin Community House - replacement of plumbing fixtures; Miller Park Tennis Pavilion - replacement of plumbing fixtures, hand basins and vanities; Ferntree Gully Community Centre - automatic door.

017 Playground Renewal Program $455,800

Surveys for play spaces have been forwarded to consultants to assist with design documentation. Consultants have been briefed on Council requirements.

024 Carpark Renewal Program $201,000

Works on the remainder of the contracted carparks for this year are set to be completed by the end of March. (Bayswater Village & Penguin Parade).

025 Plant & Machinery Replacement Program $2,123,500

Program under way with 45% of funds expended and 75% of funds committed.

026 Street Tree Replacement Program $610,000

All streets to be included in program have been advised via a survey/letter drop. All removals will be completed in March with planting to follow in May

031 Stamford Park Redevelopment $120,000

Demolition of the garage has been completed to make way for the extension of the Corhanwarrabul Creek shared path. Refurbishment of the guest quarters is continuing to accommodate the Stamford Park Men's Shed Inc. A report was presented to the February Council meeting recommending the formation of a planning panel to hear public submissions lodged in relation the recent exhibition of the Planning Scheme Amendment for Stamford Park (C93).

356 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 043 Shade Sails for Family and Children's Services Facilities $60,000

Safety and amenity issues have been identified at Murrindal PS and works are now planned to resolve these issues.

055 Corhanwarrabul Creek Trail (to Dandenong Creek) - Shared Path $50,000

(1) Demolition of Stamford House shed completed and the remainder of pathway link construction from rear of Stamford House to Emmeline Row to be completed by Knox Construction in March.

(2) Design works only for next stage. To be undertaken in consultation with Parks Victoria and the Scoresby Employment Precinct developer.

070 Dog Related Signage $20,000

Design to upgrade the existing dog park at Bunjil Way completed. Works to be undertaken by 31 March 2012.

082 Drainage Upgrades - Ongoing Customer Response $151,911

(1) Minor Works package 1 (various) - completed; (2) Minor Works package 2 (Grange Road ) - nearing completion.

100 Open Space Fencing Replacement $8,710

Liaison with VicTrack for replacement of vandalised fencing at Boronia has not been successful. Further communications with Mainco have provided some promise of resolution.

102 Major Reserves Conversion to Warm Season Grass $175,000

Works started on irrigation system at Fair Park. 104 Roadside Furniture Renewal Program $39,000

Program has been completed. 138 Wantirna Mall Place Management Design Implementation $1,115,227

Powerline and civil contract works completed.

357 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 147 Energy & Greenhouse Program for Council Facilities $82,000

Civic Centre Function Rooms 3 and 4 are currently being retrofitted with LED down lights. Scoping underway for LED Canopy lights at Civic Centre Entrance.

229 Building Code Australia Compliance $241,678

Remedial works as per Essential Safety Measures (ESM) program recommenced in the first week of February.

236 Warm Water Facility - Construction. $58,276

Works completed. 248 Boronia Park Landscaping Implementation Stage 3 $500,000

Scope being reviewed with Melbourne Water (including investigations into improving retarding basin capacity). Letter sent to Melbourne Water requesting re-direction of funds to cater for upgrade design and construction. Awaiting positive feedback and response.

256 The Basin Triangle Landscape Implementation Stage 2 $116,965

Consultant engaged to prepare detailed design. 257 Liberty Ave Reserve Master Plan Implementation Stage 1 $300,000

Contract awarded, works commenced and Melbourne Water requirements being addressed with deposit paid for works on Melbourne Water land.

259 Ferntree Gully Village: Development of Design Plan $200,000

Detailed design nearing completion. Expect to tender contract works directly after Easter.

266 Tim Neville Arboretum Toilet - Design $290,000

Final detailed design revised to enhance the external facade with community art to be incorporated. Works to commence in April.

358 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 289 CSR Quarry Reserve - Implementation Stage 3 $398,617

Works commenced on 22 February. A letter has been sent to the residents in the area regarding the works and a sign has been erected on site. Information about the works is also available on the Knox website. The works will take approximately three months to complete.

299 Tulip Crescent - Reconstruction $276,323

Works completed. 304 Walker Reserve Oval - Renewal $51,948

Works completed. 310 Egan Lee Reserve - Floodlighting Installation $200,000

Final quotes received, undertaking assessment for most suitable contractor.

316 Stud Road, Rowville - Sunshine Street to Timbertop Drive - Footpath $10,000

Developer has engaged a surveyor to prepare plans and submit a plan of subdivision to facilitate the transfer of land.

317 Mowbray Drive, Wantirna South LATM - Construction $84,160

Works complete. 318 Bike Storage - Various Locations $30,000

Concrete slabs for bike hoops being installed during March and hoops will be installed during April and May.

327 Karoo Reserve - Site Development $45,000

Quotation documents are being prepared to take into account additional concrete paths and some traffic management.

330 Lantana Court - Site Development $15,000

Works to Lantana Court Reserve are complete.

359 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 337 eServices $60,000

SharePoint Project Officer position has been filled on a 12 months limited tenure to deliver project.

342 Kings Park Storm Water Harvesting - Stage 2 $99,642

Pipe installed from quarry to tank site except for section on VicTrack land. Tank completed. VicTrack approval process progressing.

343 Eildon Park Storm Water Harvesting - Stage 2 $314,595

Tanks are installed and being connected to stormwater pipe. Irrigation system being connected.

345 Asbestos Removal $100,000

Works progressing with 45% of funds expended. 347 Miscellaneous Industrial Roads - Pavement Rehabilitation $391,845

Asphalt works to be completed in March include Rushdale Drive and the intersection of Mountain Highway and Waldheim Road.

349 Guy Turner Reserve Pavilion Upgrade $457,677

Upgrade to public toilets completed. Pathway concreting commenced in February.

353 Avalon/Stamford/Stud Road Intersection Modification $116,000

Further detailed community consultation is required. To be deferred pending resolution of Stud Park Structure Plan.

355 Eastern Recreation Precinct - Indoor Sports Stadium $14,732,210

Show court flooring installation commenced. Due for completion mid March. Plumbers currently installing fixtures. External wall cladding 98% completed. Mechanical services being installed on roof. Floor covering installation underway. Entry plaza landscaping well underway.

360 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 356 Eastern Recreation Precinct - Civil Works $2,846,559

George Street widening on maintenance. Pavilion area works nearing completion.

357 Eastern Recreation Precinct - Soccer Pavilion $40,745

All works completed 358 Eastern Recreation Precinct - Synthetic Soccer Pitches $387,166

All works have been completed, now on maintenance. 362 Knox Gardens Tennis Court Reinstatement - Stage 2 $89,000

Court re-surfacing works completed with minor reinstatement works still outstanding.

363 Local Area Access Program (LAAP) Knox Central Bike Connections $7,651

Project complete.

365 Boronia Reserve - Boronia Radio Controlled Car Club Clubroom - Design $42,200

Detailed design complete.

367 Gilbert Park Pavilion Upgrade (Knox Softball Association) - Consultation & Design $39,600

Final design underway after receipt of club input.

369 Carrington Park Reserve Sports Pavilion Upgrade - Consultation & Design $80,025

Revised concept plan with stakeholders awaiting sign-off. 371 Benedikt Park Reserve - Relocation of cricket pitch. $4,000

Some minor works to be completed.

361 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 372 Lewis Park Skate Bowl $78,036

Works to repair two main bowls has been completed. Further concreting works have transformed the areas around the entire facility with great feedback received by the community. A new sign, seating and minor repair works are still outstanding and will be completed by late March.

375 Ambleside Park Masterplan Implementation $5,000

Project is complete. 376 Murrindal Playroom Extension (Stage - One) $227,647

Building works completed and Certificate of Occupancy issued. 377 Eildon Parade Playroom Extension - Construction $5,200

Project on hold for a needs review. 378 Taylors Lane Playroom Extension - Construction $5,450

Project on hold for a needs review. 385 Cavell Street - Pram Crossing $30,000

Awaiting advice from the school regarding their adopted Master Plan.

387 Local Road Safety Initiatives - 5 Various locations $20,032

Reconstruction of speed cushions in Bridgewater Way scheduled for March-April 2012.

393 Tirhatuan Drive (No 18) Rowville - Drainage Design $230,747

Initial informal agreement reached with Melbourne Water and Education Department on a partnership approach to facilitating a design solution within school grounds. Concept plan to be reviewed internally following feedback from Bushland in regard to the effect on tree removal. This is to be followed by meeting with Education Department and school.

362 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 396 Batterham Park - Storm Water Harvesting Design/Construct $410,000

Tank installed, project to be finalised once oval renovation completed.

399 McKay Road - Reconstruction $392,091

Works completed. 400 Norris Road - Reconstruction $489,601

Contract works completed. 401 Raymond Road - Reconstruction $0

Works completed. 404 Highmoor Avenue Reconstruction $160,000

Works 80% completed with overlay and linemarking yet to be done. Project combined with Pine Road, Bayswater which is still under construction.

405 Pine Road - Reconstruction $380,599

Works about 75% complete with kerb and channel works now complete and asphalting to follow.

406 Knox Park Athletics Track $228,755

Resurfacing works completed. International Association of Athletics Federations inspection planned for mid-April. Terracing works now completed.

408 Batterham Reserve No 2 - Renovation $250,000

Work has commenced. 409 Parks Furniture Renewal $115,000

Works completed.

363 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 410 Parks Signage Renewal $40,000

All signage installed. Program complete. 411 BBQ Renewal $15,000

New units installed at Bayswater Park. Project now complete. 412 Water Sensitive Urban Design Renewal $150,000

List of projects to be renewed/amended are as follows: (1) Cardiff Street, Boronia - Works completed; (2) Bergins Road Wetland - Works completed; (3) Koolamara Waters Wetland - Quotes still to be finalised.

413 Wicks Reserve Bio-Infiltration Basin $140,268

Project completed. 415 Wellington Road / EastLink - Shared Path $389,400

(1) Bridge Crossings - Tenders for design and construction of two bridges have closed and awaiting outcome of tender report.

(2) Shared Use Path - assessing quote from Knox Construction for remaining works.

416 Rocco Drive, Scoresby - Drainage Design $20,000

Documentation for the drainage improvements is being finalised.

417 Waverley Christian College Footpath and Footbridge Installation $0

Works completed. Actual cost to be reimbursed by Waverley Christian College.

418 Guy Turner Reserve Masterplan Implementation $85,000

Further consultation required with residents and Bayswater West Action Group at the end of March. Council report will then follow for approval of masterplan.

364 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 419 Marie Wallace Oval - Bench Seating $40,000

Works completed. 420 Marie Wallace Oval - Gate Entry Upgrade $5,000

Works completed. 421 Marie Wallace Oval - Terraced Seating $100,000

Terrace one and two completed. 422 Marie Wallace Oval - Coach Boxes $75,000

Works commenced Friday 2 March and will take approximately two weeks to complete.

423 Marie Wallace Oval - Utility Service Upgrade $155,000

Utilities upgrade works are now complete as per scope and design. 424 Marie Wallace Oval - Floodlighting $195,000

Contractor has been selected and awarded project for electrical mains upgrade and floodlighting components. Works set to commence mid March 2012.

426 Coonara House upgrade $79,142

Works completed. 427 Knox Community Arts Centre Upgrade (Stage One) $128,401

Project completed. 429 Coonara Community School Building Compliance $47,000

Works complete. 430 The Haven Guide Hall - Drainage Upgrade $30,000

Works completed.

365 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 431 Michael Street, Scoresby - Reconstruction $520,000

Contract works commenced with works expected to be completed by end of April.

432 Della Street, Scoresby - Reconstruction $125,000

Pre-construction meeting has occurred and contract expected to commence 5 March with works expected to be completed by end of April.

433 Leslie Avenue, Boronia - Reconstruction $300,000

Road resurface completed. 434 Burston Road, Boronia - Reconstruction $300,000

Road resurface completed. 435 Gordon Crescent, Boronia - Reconstruction $160,000

Design completed and quotes currently being assessed. 436 Burwood Highway, Ferntree Gully, Service Road - Design $15,000

Design due to commence in mid March 2012. 437 Boronia Road, Wantirna, Service Road - Design $20,000

Design due to commence in mid March 2012. 438 Egan Lee Reserve - Design and Renovation $215,000

Work commenced with the installation of a irrigation system. 439 Rowville Recreation Reserve No 1 - Renovation Design $15,000

Design progressing on schedule. 440 Ferntree Gully Reserve Terracing Construction $30,200

Project scope confirmed at an on-site meeting with the club and relevant Council officers on Wednesday 29 February.

366 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 441 Tim Neville Arboretum Masterplan Implementation $205,000

Works being coordinated with the public toilet replacement project. Electrical engineer appointed to undertake lighting design with the specifications currently being drafted.

442 Local Area Traffic Management Scheme Landscape Renewal $65,000

Quotations requested from three landscaping companies for LATMs in Carrington Estate Rowville. Contractors slow getting in quotes making it inappropriate to plant this time of year. Specification resubmitted to contractors for quotations for June installations.

443 Reserves Paths Renewal $25,000

Program complete. 444 Colchester Reserve - Floodlight Design/Installation $272,000

Project on hold, due to project scope being reassessed. 445 Rowville Reserve - Floodlight Design/Installation $200,000

Contractor appointed, works commenced first week of February and are 50% complete.

446 Orana Neighbourhood House - Design and Construction $105,000

Tender process underway. 448 Traffic Hotspot Treatment Program $50,000

List of sites and treatments have now been developed. 449 Erica Avenue, Boronia - Pedestrian Crossing Design $5,000

Design completed. 450 High Street Road - Bus Stop Connection $18,000

Works completed.

367 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 451 Springfield Road - Bus Stop Connection $6,000

Works scheduled to be completed by the end of March. 452 Bayswater Park - Passive Open Space Reinstatement $200,000

Masterplan completed and currently on view for community feedback. Currently working on detail design drawings.

453 Arthur Kleinert Reserve - Masterplan Implementation $190,000

Contract has been awarded and works have commenced. Forecast end date is mid April 2012.

454 Doysal Avenue, Lording Street, Alexander Crescent, Ferntree Gully Drain Design $12,500

Full drainage investigation is advancing. Water quality improvements are being considered.

455 Parks Crescent, Cypress Avenue, Boronia - Drainage Upgrade $250,000

(1) Drainage Reserve: Survey work completed. Final letter to residents requesting removal of obstructions being prepared - expect to be able to initiate contact with residents over March.

(2) Retarding Basin: Awaiting response from Melbourne Water on Council proposal to upgrade retarding basin.

456 Knowledge Management $60,000

Business Systems Analyst position has been filled on a 12 months limited tenure to project manage works.

457 Lewis Park - Pavilion Upgrade Design $15,000

Awaiting briefing as to the scope of works. 458 Ferntree Gully Reserve - Stormwater Harvesting Design $25,000

Detailed design complete. 459 1825 Ferntree Gully Road Drainage - Design $115,000

Consultant is advancing work on the drainage study.

368 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 460 Straughan Close - Drainage Upgrade $35,000

Contract works essentially complete. 461 Reservoir Crescent, Rowville, Dam Repair $0

Water level reduced to mitigate risk of dam breaching and concept design as presented by specialist dam safety consultant. Detailed design to commence in March.

462 Coonara Stone Cottage Stabilisation Works $0

Works completed. 463 High Street Road School Crossing Relocation $0

Works have been 95% completed with the location of a new gate to the school still to be determined.

464 Ferntree Gully Road Footpath - Koornang Road to Janine Street $69,877

VicRoads are to fund Council to undertake the works on the missing section of footpath on Ferntree Gully Road which was not completed as part of the Ferntree Gully Road widening project. Waiting on Memorandum of Agreement approval from VicRoads. Works scheduled to be completed by March - April.

465 Carrington Park Viewing Platform Reconstruction $0

Completed. 466 Dorset Road Garbage Bin Stands $0

Installation of concrete slabs completed. 467 Traffic Signal Upgrades $0

The upgrade of two sets of Council pedestrian operated signals (including extensive works to the set at Albert Road near Bunbury Street) to meet current standards. Purchase order raised to commence works.

369 COUNCIL – ITEMS FOR INFORMATION 27 March 2012 468 Knox Gardens Community Hall Air-conditioning $22,000

Knox Gardens Community Hall air-conditioning - 50/50 contribution from Council and the Committee of Management. Works have now commenced.

469 Old Belgrave Road, Upper Ferntree Gully - Reconstruction $40,280

Yarra Ranges is coordinating construction of kerb and channel and drainage, including a section at the common municipal boundary. Construction is nearing completion.

470 Blue Hills Preschool - Design $20,000

Architect appointed and commenced. 471 HV Jones Reserve Flood Lighting - Concept Plan $0

HV Jones Reserve Flood Lighting - planning for a Sport and Recreation Victoria 'State of the World Game' funding application.

472 Bowen Avenue and Golden Grove - Water Sensitive Urban Design $250,000

Dobsons Creek High Value Catchment Pilot. Melbourne Water funding for Water Sensitive Urban Design streetscape elements along Bowen Ave and Golden Grove.


ALL WARDS

10.2 ASSEMBLIES OF COUNCILLORS

SUMMARY: Acting Manager – Governance (Carrie Bruce)

This report provides details of Assembly of Councillors established under section 80A of the Local Government Act as required under section 80A(2) of the Act.

RECOMMENDATION

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

1. INTRODUCTION

Under section 80A(2) of the Local Government Act, the Chief Executive Officer must present a written record of an Assembly of Councillors to an ordinary meeting of Council as soon as practicable after an Assembly occurs. This written record is required to be incorporated into the minutes of the meeting.

Details of Assemblies of Councillors that have occurred between Monday 13 February 2012 and Sunday 11 March 2012 are attached to this report.

COUNCIL RESOLUTION MOVED: CR. PEARCE SECONDED: CR. COOPER

That Council

1. Note the written record of Assemblies of Councillors as attached to this report.

2. Incorporate the records of the Assemblies into the minutes of the meeting.

CARRIED

371

RREECCOORRDD OOFF AASSSSEEMMBBLLYY OOFF CCOOUUNNCCIILLLLOORRSS (Section 80A Local Government Act)

Date of Assembly: 13/2/2012

Name of Committee or Group (if applicable):

Economic Development Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Darren Pearce Cr Adam Gill Cr David Cooper Cr Mick Van de Vreede

Council Staff in Attendance: Angelo Kourambas Ingo Kumic Kate Harris Graeme Emonson Kim Rawlings Helen Ruddell Matters Considered:

1. Rowville Rail Study 2. Update Report on Economic Development 3. Update Report on Place Management Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest

Councillor Left Assembly While Matter Being Considered

Yes/No Yes/No Yes/No

372




Dinner Prior to Strategic Planning Committee Meeting Time Meeting Commenced:

6:45pm

Councillors in Attendance: Cr Adam Gill Cr Mick Van de Vreede Cr John Mortimore Cr David Cooper Cr Darren Pearce Cr Andrew Walter Cr Sue McMillan

Council Staff in Attendance: Graeme Emonson Angelo Kourambas Kath Oakley Mark Dupe Kerry Stubbings Matters Considered:

1. Greenlight Plan Discussion Paper 2. Land Acquisition Report Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



373




Special Issues Briefing Meeting Time Meeting Commenced:

7:40pm


Council Staff in Attendance: Graeme Emonson Carrie Bruce Angelo Kourambas Kerryn Ellis Mark Dupe Kim Rawlings Kerry Stubbings Kath Oakley Matters Considered:

1. VEC Proposed Ward Boundary Adjustment 2. Joint Community Engagement Program (2012 Update) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


374




Youth Issues Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Sue McMillan

Council Staff in Attendance: Tony Justice Jemma Wood Kate Arnott David Blair Matters Considered:

1. Knox Integrated Transport Plan – Focus Group Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


375




Environment Advisory Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr John Mortimore

Council Staff in Attendance: Trish Winterling Bronwyn Cron Daniella Gerente Matters Considered:

1. Dobson Creek Water Quality Improvement Program 2. Knox Environment Awards 3. Appointment of Community Representatives 4. Sustainable Environment Strategy Workshop Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



376




Recreation & Leisure Liaison Group Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Andrew Walter Cr Adam Gill

Council Staff in Attendance: David Blair Marco D’Amico Daniel Clark Sarah Dugdale Matters Considered:

1. Knox City Council Arts & Cultural Plan 2012-22 2. Knox City Council’s 2004-2013 Recreation Plan 3. Defibrillators at Knox Sporting Facilities 4. Club Development Program 5. Recreation Minor Capital Works Grants Scheme 6. Tennis Plan Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


377




Knox Multicultural Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: Kerry Stubbings Kathy Parton Nicole Hunter Belinda Gillam Winchelle Chuson Matters Considered:

1. Knox Integrated Transport Plan 2. Knox City Council Multicultural Strategic Plan 2012-2017 - Overview - Feedback on Council discussion and decisions - 2012 KMAC workplan 3. Updates from Members 4. Knox Festival 5. Asylum Seekers in Community Detention Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



378




CEO’s Performance Review Time Meeting Commenced:

5:15pm

Councillors in Attendance: Cr Adam Gill Cr Sue McMillan Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Matters Considered:

1. Key Result Areas Status Update 2. Performance Review Process Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



379




Planning Consultative Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Darren Pearce

Council Staff in Attendance: Peter Steele Cliff Bostock Ros Lemin Matters Considered:

Application to develop the land for seven (7) double storey dwellings at 8 Woodvale Road, Boronia (application no. P/2011/6741) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest


380





6:00pm

Councillors in Attendance: Cr Darren Pearce Cr John Mortimore

Council Staff in Attendance: Peter Steele Cliff Bostock Ros Lemin Matters Considered:

Application to develop the land for a two storey apartment building containing 12 dwellings and basement car parking at 2 Woodvale Road, Boronia (application no. P/2011/6496) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



381





6:00pm

Councillors in Attendance: Cr Darren Pearce Cr John Mortimore

Council Staff in Attendance: Peter Steele Renee Haddock Ros Lemin Matters Considered:

Application to develop the land for a three storey apartment building containing 16 dwellings and associated car parking at 11 Tulip Crescent, Boronia (application no. P/2011/6563) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



382





6:00pm

Councillors in Attendance: Cr David Cooper Cr Adam Gill

Council Staff in Attendance: Denise Barth Greg Kent Cliff Bostock Wilhelmina Knorr Matters Considered:

The construction of a two storey dwelling to the rear of the existing dwelling at 4 Dillon Court, Bayswater (application no. P/2011/6755) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



383





7:00pm

Councillors in Attendance: Cr David Cooper Cr Sue McMillan

Council Staff in Attendance: Denise Barth Greg Kent Renee Haddock Wilhelmina Knorr Matters Considered:

Application to develop the land for a two storey mixed use building comprising two offices, 20 dwellings and associated car parking at basement level and car parking dispensation at 1172 Burwood Highway, Upper Ferntree Gully (application no. P/2011/6790) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



384





8:00pm

Councillors in Attendance: Cr David Cooper Cr John Mortimore

Council Staff in Attendance: Denise Barth Greg Kent Jayna Liew Wilhelmina Knorr Matters Considered:

Application to develop the land for a two storey apartment building containing 17 dwellings, basement car parking and vegetation removal at 8 Bambury Street, Boronia (application no. P/2011/6688) Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



385




Public Transport Consultative Committee Time Meeting Commenced:

6:30pm

Councillors in Attendance: Cr Mick Van de Vreede

Council Staff in Attendance: David Yeouart Ron Crawford Melissa Sparrow Martin Maloney Joanne Watson Matters Considered:

1. Public Transport Consultative Committee Terms of Reference and Community Representatives 2. Presentation by RMIT Students 3. Research Items 4. Topic for Media Release 5. Updates: - Community Transport - Bus Companies - Metro - Eastern Transport Coalition 6. Future Agenda Items Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



386




Housing Advisory Committee Time Meeting Commenced:

4:00pm

Councillors in Attendance: Cr John Mortimore Cr Sue McMillan

Council Staff in Attendance: Nicole Vickridge Kim Rawlings Angelo Kourambas Paul Dickie Sharron Barker Matters Considered:

1. Knox @ 50 2, Annual Housing Monitoring 3. Eastern Regional Affordable Housing Alliance 4. Items from last Meeting Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



387




Eastern Recreation Precinct - Project Reference Committee Time Meeting Commenced:

4:00pm

Councillors in Attendance: Cr David Cooper Cr Adam Gill

Council Staff in Attendance: Ian Bell David Blair Paul Gallagher Pat Meehan Matters Considered:

Progress on project with respect to facility construction activities, Site Tenure Agreements preparation, budget and expenditure, and media matters. Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



388




Dinner Prior to Council Meeting Time Meeting Commenced:

6:40pm


Council Staff in Attendance: Graeme Emonson Mark Dupe Angelo Kourambas Kerry Stubbings Ian Bell Kath Oakley Matters Considered:

1. Rowville Rail Study Briefing Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



389




Transfer Station Management Advisory Committee Time Meeting Commenced:

4:30pm

Councillors in Attendance: Cr David Cooper

Council Staff in Attendance: Geoff McMeeken Matters Considered:

1. Review of Contract Meeting Minutes and Safety Review 2. Update on Transfer Station Operations 3. MWMG Grant Applications for the Transfer Station 4. Review Terms of Reference Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



390




Issues Briefing Meeting Time Meeting Commenced:

6:35pm

Councillors in Attendance: Cr Adam Gill Cr Joe Cossari Cr John Mortimore Cr Mick Van de Vreede Cr Darren Pearce Cr David Cooper Cr Sue McMillan Cr Peter Cole

Council Staff in Attendance: Graeme Emonson Kerry Stubbings Angelo Kourambas David Yeouart Ian Bell Janine Brown Angela Mitchell Gillian Shelley Mark Dupe Matters Considered:

1. Declaration of Conflicts of Interest 2. Drainage Update and Funding Considerations 3. Ward Contingency Funds Policy 4. Implementing 15 Hours of Preschool in 2013 Update 5. Future Lease of Council Building 6. Forward Report Schedule 7. Future Call Up Item Discussion Conflict of Interest Disclosures: Councillor’s Name

Type of Interest


Cr Mick Van De Vreede Partner works as a Preschool Assistant at one of the Knox Preschools and her hours of work may be affected

Yes

391




Knox Central Advisory Committee Time Meeting Commenced:

6:00pm

Councillors in Attendance: Cr Adam Gill Cr Sue McMillan Cr David Cooper Cr Darren Pearce

Council Staff in Attendance: Graeme Emonson Bob Denholm Angelo Kourambas Mark Holdsworth Jason Matthews Angela Kostarakis Samantha Mazer Matters Considered:

1. Update on DPI Site discussions, valuation, research etc 2. Update on progress with Melbourne Water 3. Site visits and lessons for Knox – NSW (Chatswood, Rouse Hill, Hornsby) 4. Site visits and lessons for Knox – VIC (University Hill, Point Cook, Cairnlea, Aurora, Lynbrook, Officer

and others) 5. Planning update Conflict of Interest Disclosures: Nil Councillor’s Name

Type of Interest



392 COUNCIL 27 March 2012

11. MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

Nil

12. SUPPLEMENTARY ITEMS

Nil

13. URGENT BUSINESS

13.1 URGENT BUSINESS

Nil

13.2 CALL UP ITEMS

13.2.1 ACCESS FOR ALL TO BUSINESS PREMISES MOVED: CR. COOPER SECONDED: CR. MORTIMORE

That a report be presented to the June, 2012 Ordinary Meeting of Council that outlines the options available to Council to promote and/or implement initiatives to encourage and assist commercial property owners and/or tenants to ensure access for all to business premises in Knox. An outline of options should include an estimate of scope, resources required and expected impacts from such initiatives.

13.2.2 FIRE SAFETY AND VEGETATION MANAGEMENT MOVED: CR. COOPER SECONDED: CR. MORTIMORE

That a report be presented to the June, 2012 Ordinary Meeting of Council that outlines the options available to Council to assist private property owners in the areas covered by the Bushfire Management Overlay within the Knox Planning Scheme, to enhance their bushfire safety awareness and preparedness and to enhance management of vegetation on their properties. An outline of options should include an estimate of scope, resources required and expected impacts from such initiatives. CARRIED

14. QUESTIONS WITHOUT NOTICE

Nil

393 COUNCIL 27 March 2012

MEETING CLOSED AT 10.39PM

Minutes of Meeting confirmed at the Ordinary Meeting of Council

held on Tuesday 24 April 2012

………………………………… Chairman

KNOX CITY COUNCIL...Cr S McMillan Dobson Ward Cr A Walter Friberg Ward Cr D Cooper Scott Ward Cr D...

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